New-York tribune., 1866-04-30
LAW TNTELLrGENCk.
The Butler Gold Cnsc.
COURT OF COMMON PLEAS FOR THR CITY AID
COUNTY oP HBw-YoRK.

Andrew " Smith and Samuel Smith AZ seai,pin F B,e-
Some difficulty has arisen in tins suit about the
rights Of the Sheriff to fees Tic sui VIII remembered
Of the seizure bT Gen Butler when command Of
NewOreans OF some gold In tho possession Of the plaintiffs
The su was settled by the Surrender o tho god 10 the
f but this difficulty having arisen, Gen. Butler submitted
Gig and Coany Of Er. York. benjamin. T. Butler the d.
fendani IN TIE above ecton being first duly swo doth de-
IN tue City OF L0we that Before the 9th day Of N6y
the year 1861 he duly commissioned by the presdett
Of The United States rs MajofGcnera in he service OF the
United states and Immediately theronpon ente,d upon the
DISCHARGE OF he oriies assgqel to him that>ewald and
the 2Jd OF February lsb2 by order Of George T. hcCn.
MaorGereal Commanding tie Armies Of Ae United States
60 Military Department. be called TIE Department OF
the Gulf comprising oil the coast Of the Cur states west Of
Pensacola arboT and much Of said States be
pied By the forces Of le United STATES constituted and
forces cooperate with Navy H. the contemplated attack
upon and reduction OF hoWOreaus assigned ia t.is
THAT the first day Of May 1902 this dponest oor
General commanding the forces Of tho United States took
forces and authority Of the United Sate the sand City and
state Of Louisiana then being state OF rebellion and
declared by proclamation OF the President against the Gov
ernmcnt OF the United States
That on or about tie May 1852 while acting his
aforesaid capacity of MOrGencra having received nforma
ton which this deponent then believed and sl boheyes
to be true that Samuel Smith & Co., the plaintiffs
IN behalf Of tho CoacdoIate Statos then 10 rebellion
and that they had In their possession. secretly deposited
possession of 10y Gtiro Dccor OF the Unitod Stato
Mint New-Orionns iYmailaieD aiieF i1e Oidnahc, o5
Ionisua and held b, him m the use end uepeA. of said
bcons Confederate Saes a. heir agent AND that 10y
the on operations the land and naval forces of TIC Uniod
Stnes said city about 90 come into the possession OF and
updcr the control Of tho ured States tha said Guro. had
p,eed said amount In gold tho hands OF the plaintiff in
orG% mgt be concealed bT them Tor the use
and bencG Of tae Confederate SG.s end tat in pursuance
Of such the plaintiffs had hidden she spece
within the space between the brick walls Ci their BAIug
House this doponcnt acting by OF his
finn oi Samuel CO.. ard by examination aimed
I Y :, 5 ef5.sd H. sgH Of $50 d6 saSa seizure being
reported TO tins dcponeu he caused the specie to be
secured tho use Of the Government.
And this dcponent f1acr Gays that ticreupon e plaintiff
sppcd to this dcpoaent 10 have eComtnon apoated 10 de-
crmige tie qnculn waeioei there was Wo94oe cause ol
holding the grd taken TO the Of the United States
Whoeupon Commission was agreed upon between the
pan aud tAis tcponent to decide upon that question con
louisiana Jy iIs Pa'5i'I's s iiot: Thoma pasan q
Orleans muluaIy agreed upon. ard
Brgen George T. Shope OF toe Uned states Volunteers
then Acting Mayor Of Neu.Oeans selected by this deponen
Upon fan hearing before lis Commission. az which these
isus appeared by counsel It unanimously determined
by tho that oil specie other property seized be-
yond the $50 900 In gold should be fcease ana h wa re-
gard 20 such surplus cause further detention
With regard to the sO0a the Commission thinks that there
IL ground Tor detention un sle proper pa'tneat al "S
IN compliance On tho 2 day ofJuly 1902 to the suggestion
ofthe Commission this depgucnt immediately reported all tho
facts and circumstances Of this with the re-
port Of the Commission cont iaHT th'r tcsnoay uon
which they acted-io he ZION tle Secic-l! o ne IIe4su
at Washington and asked Instruction. as 20 the disposition OF
said ST,OOJ In god-tns Qeponen having returned 70 llo
plaintiffs tie eEm Of sJ9 20 which was found by the O0m
mission tg belong 10 them.
And dePonent further says that said sum las ever since
been held by him n a times ready 20 be tnd over ana a.
yefed az the Of the Governments and that since be
turned, eier being relieved RON ms CONN ana N nc e
ment Of Tic Cult ibis deone has hAa 'A hep ~ ~ u"u
IN Massachusetts, this amount n gold IN gold eeruoaie
ready any such order tie c n ci L.e lhilh
or other Just claim upon flm lbt, Whs thf huhlhs WIS
money. awaiting the orders o tie 1otefnHani. slt Ns
by doponeut Aforesaid and attachment susd On he @ot
day vi October leGi. out oi thl. Court.
Tlat dcponeut personally served viii process on or
about TIE 80 day Of No'emb,T a .o city of ork
That upon being threatened Will tbs su ins Geponont
made application 10 War Department that be might be
permtca to pay over sj)oOJ ia gold TO the
and conduct Of the defense o. this The War De
plftTnent declined interfere While the event Of the suit
should b. determined aad then 20 take such action a. should
seem meet bereupon That this dcponeu defended ssd tl
and retained said money f 70 the order o. tho Govern
under bis commission and paid The expenses q he dee
from his And aicr t1c resignation oi De con
mission and he became private czn lie made iuftler
auneaton the Government Tor iutcmnA,hOnW W thl De-
half which ie received reply ehongh No. waited long
nae to.w.t' a,re aan sih! e1,s i.fee o. ,o Adv o, r,
Nv is b,s a. c5pfrrerce vitt EgaIls Porlcjoat e5
counscl Ol said plaintiff which ied o. tho following cOie-
spondonoc (mafked Schedule agd hereto anne1ecD
iiat IN nntsuarce thereof and the terms Of settlement
befeln and thereby Indicated Ism 0ay Of February
SEQ this dopaueut through his counsel ped 10 ad ficrc
nt ~ naounf Of go oOJ In gold certificates which Sc
brought from Massachusetts or this purpose ard received
receipt copy OF which a coa.a4cd n schedule hereto
Tia, this depouont time OF The commencement OF this
action aranst him. GId at e time tie wr - attachment a.
time Of he service heecf he'd rot he had any
proprty real or pcrson mixed which tho subject OF
ett6chIent IN Tie State Of New York.
Aud this deponcut further saith ha property of any
Kind belonging to him attached by The SLcTh OF the
civ and County YOrE acting rnGer the said attach.
ent and BY thereof Any lien whatever obtained
un0n this deuOuens property wtaeycr y any proceedings
had sad wilt aud iurIhef this deponent sam not
LEM. T.. Bl TIER.
SUorn and Hubscr!bed before tai, 10Th ApT. 1866
Jous h AcEElI Notary Public.
cir and C0pHy Of Nc for sG John n haokett OF said
ev being duly sVOn that be g. Informed and believes
that said writ OF attachment issleI N the above entitled
ton has never returned by the Sheriff. that such nforma
ton hes been obtained by depoleni from one Of the CLERKS In
the Office Of the County Clerk also from ceJk ~ the ohce Of
Le Clerk Of this Court and further from Addison Brown
''t' ~ " JOHN X. HACKETT.
Sworn and subscribed before this lsth April 1896
Jouy bfCc SUTHERLAND Notary Public. Ne~-fork CITY.
JUDGE PIERETToST TO GIN. BUTLER.
no lG wALI-sT.. new York January 20. 1866.
ajor.Gs UTER-Dar SIR The facts aud cifcuinstenccs
yIc Won communicated Office Yesterday should satisfy
that abundant probable cause appeared at
he time 20 Justify you public scer hs original taking
OF the fifty thousand (ygCCU dolIs IN gold from Samuel
Smith Co. 80,
Fully accepting your that tho gold hns been kept
ready 10 bnnded yAOnsoeer Nigh, appear % be
entitled 70 IT, prOpose receive tho for ny cents. and
thus TO end controversy which earlier meeting between US
would have relieved OF gUOj deal 81 I1Hn niersiandng
Very respectfully yours, EDWARDs PiERRfPoSr
Counsel iOI Samuel Smith & co.
GTy. BUTLER 10 JUDGE PIERLEPOSI.
MAsHN0IOs JAN 81 leGb.
Hou FDwARDs PEEHEPoST-I)lar Sirs am grataed that
upon examination OF the OF yOlr cent suel outh
a. Co by the light In which 80 appeared 20 you AIe ta
that prObab existed for taking the co.
600 NewOrleans 20 Justify m action as puoAe oleer IN
doing O.
f.rfa mod uIatg -