The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-01-14

-..-.,,. Court or New York-Cham.
N.---Jannary IL. 800
p.s,re Justice Barnard.


supreme Court Of NeW
her~-Jannnry III. '''
p.1,re Justice Barnard.
1otn " Lester Us. Benjamin r. Butler
IT, Iii ,,,aintifT Lester has brought two suits
ar,,nst the defendant-one to recover
damages in the sum of 100000 for false
imprisonment, and the other to recover
$1,000 damages for alleged conversion Of
his property. The actions were commenced
in the Supreme Court Of this State, and
the defendant now seeks to remove them
into the United States Circuit. The mo-
tion In each case is based on a petition Of
the defendant, which sets forth the same
state of facts as that disclosed in the ac-
tions reported in our columns on Friday
the 18th instant, to wit: That whatever
damages the plaintiff has sustained BY
reason of the acts Of the defendant, were
sustained in consequence of orders OF de-
feudant while he was acting as majorgene.
raj of the United States army, and under
the orders Of the President OF the United
States issued in time of war, and that In
pursuance Of an act Of Congress cases OF
this nature cannot be tried in a State court,
but must be adjudicated and finally deter
mined in Federal court.
Mr.. Campbell appeared for the plaintiff.
He said there were two suits brought by
the plaintiff, Lester, against General But
Ter. The substance of the complaint In
each action, briefly stated, is, in the first,
that Lester went to Richmond, Va, about
the year 1860, where, at the opening OF the
war, he was engaged in the manufacture
and sale of sewing machines. After the
rebellion had progressed awhile, he con
Guided he could not longer live in Rich
| mond with his family. lie went to Mar
tinsbrrg, and there took the cath OF ale
glance which had been prescribed By the
President. Thence he went on to Wash
iugton, and, as he alleges, obtained pass
from the Secretary of War TO pass through
the lines to Richmond, for the purpose, OF
getting his family. When he arrived 1t
Fortress Monroe, on his way to Richmond,
the defendant, who was at that time III
command of the place, seized him, took
| from him $4,000 in money, and after a
drum-head " trial he was sentenced to
| imprisonment. The complainant then al
leges that, although he bad pass TO Rich
| mond, he was sent to Fort Hatteras, on the
coast of North Carolina, where for one year
| and one month he served as prisoner on
the public works, with ball and chain at
tached to one of his feet. For this arrest
and Imprisonment lie claims 100000
damages OF the defendant. The second
suit is for the alleged seizure and CONVEX
sion of money, goods, and other property
by the defendant or by his order, and he
seeks $4,000 damages for this. 1t is adj
mitted that nearly all Of the $4,000 in
cash taken from the plaintiff was subSe-
ouently returned to him by order OF de-
iendant.
Mr.. Hackett, in behalf Of the defend
ant, contendcd that on the petition before
the court the motion TO transfer the actions
to the Federal courts must be granted.
| This defendant asked nothing but what he
| was entitled to according 10 the law. Con-
gress had by an act seen tit to make pro-
vision for Just such cases. lie SAID Gene
raj Butler had been grossly maligned, and
many charges had been made against him
which, in truth and fact, there never was
and never had been any foundation for.
General Butler had done much to squeich
the rebellion. When in New Orleans and
at Fortress Monroe he acted, as he always
does, with great promptness and energy.
Whatever he had done as a military officer
which was not according to the orders OF
his superiors he was willing to be held ac-
countablefor. These were cases in which
it was felt by him and by his counsel that
the only way for him to have fair and
impartial trial before jury would be to
have them transferred to the United States
Circuit Court. Noproper development of
the facts could be made on petition and
afiidavits. The causes must be fully and
fairly tried before court and jury some
| where, and defendant insisted that II was
his right to have the trials in a Federal
court. The court took the papers. De-
cision reserved Times.