The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-01-11
he COURT S


The Here sf New Orleans il Litisatisu-Re.
nsiniscemces Of tho Military Occupation Of
thar City Under General b. #. Boiler.
Before Judge George G. Barnard.
The rst instalment OF batch Of civil actions about
be tried 10 this city, and in which Major General Ben
iamn y Butler figures ~ the defendant came up before
this court yesterday motion she part OF the de-
PENDANT, through J. c Hacksts, ESQ.,, or counsel for
the change OF the tAs Of the suits 70 the United States
courts The issues In each instance arose from acts
alleged 70 have been committed by General Butler
durpe his occupancy Of the city Of New Orleans a.
Commander IN Chief o. the department Of the Gulf'
during tie late rebellion The complaints in two Of
theas set forth unlawful and fraudulent conversion
o. private 5. yropsy s0o - me .h.ra the action ,h y
smbsishment Of the Generals hesdquarters, In 81.
Charles street, New Orieans al.. H,
TALLY that about the l7th day OF November, 1852
At New Orleans, Louisiana, the plsinun, then doing
Butler, tho defendant IN removing carrying repairing
and putting up or placing certain articles Of rsrH and
furniture and In performing certain upholstery work At
the building In So Charles street, ihthai city, known
the headquarters Of the Department OF the Gulf and of
which department the defendant then 10 command.
These articles were principally removed by the plaintiff
at the defendants request from house situated in
Rampant street, and comprised among other things
twenty two oil paintings and pictures. three pieces Of
statuary tor which pedcstals furnished by the
plantin) number OF candeabra, billiard table, bro
catel window hangings and q velvet carpet For the
idOOT urhuqukF6Ib Win tneSe
articles Tor materials and furnished aud for cut
:sss: : ssS,: i $|s.s 81 s @
Cnttenden Of counsel for plaintiff. shows in eject
about the 18th day Of September 1861 d the city
of certain steamship called ihe Nsssau then yin. ii
that port and Of The value q 100000 in lawful money
q NE United sissss end that plaintiff Is informed and
r. Butler, being at that time command OF the United
troops aud forces In and holding possession OF the
city OF New Orleans and us surroundings by fraud and
fore, wrongfuily lrauducntly corrupfy aud by com
pusion seized and took possession OF the steamship
Nassau and converted her his own private
against the wishes Of George Hunpewel her owner aud
compelled HIM make a transfer Of the ~ the
s.s rsps a. s ~
leans, TO the damage Of said George Hunnewe in tho
Of sixty THOUSAND dollars; aud for further
OF action plaintiff alleges thai the occasion above
feued 10 BENJAMIN r. Butler, the DEFENDANT with
rupt design and intent Of obtaining possession Of
the steamship, falsely and frsndusniiy represented
10 Hcnneweli ,nIt the vessel vas required and
government, and that be ~ an otcer OF the United
sates about to seize the ship for ssch service;
and that after having made such seizure and compelled
the formal transfer OF the properly question the
iendant gave 70 George Hunnewel the former owner,
his tButlers, own ipdyiduai check upon the izens
Bank Of New for the nominal Of sal 800 in
the bills or currency Of that bank, which were h that
tune worth IN the msrfst, IN 'eenbacks" seventeen
per less than par. which DISCOUNT Hunneweil
forced TO pay and did pay, exchange legal
rency Of the United states; that the vessel we'll
worth S00,OO aud that than xyl .0U0
was ever paid by defendant Hunnswe Tor the steam
ship that such and preence OF the de-
iendsnt were false, and that defendant, was aware Of
their lastly that the United States 60, did not
require the OF the vessel and that she used
for sbor time for defendants own private use and
profit, and soan Afterwards sold by him TO
samuel r. Grimm, Of New Orleans, for the sum
Of es5 900 ana upwards; thai Hnnnewsli was
greatly injured IN pecun'ary sense by such forcble
dspiN ation he could have realized great profits
from the OF The steamship. she being subse
aueny chartered TO the government al $3.50 per day,
aud that right Of action nas accrued 10 Hunnewell In
the sum Of SEQ 600 which right Of action, together
with all bis night title and interest of 20 and in the
steamship N s va, guy s ,sap ns 70 s p.na
and for winch OF $oo, 600 with interest, the
plaintiff Henry A. filden, asks Judgment
The compliant OF Alfred kesrney by Evaris South
mayd aud chosie, his attorneys shows substantially
that IN The month OF May, 1881, ~ New Orleans, The
Planhn Possessed 70 ms own rgn. Que thousand hye
barrels Of pitch. ninetysx barrels OF tar, thirtyiour
eher barrels OF tar t~o hundred and forty other
barrels OF and twenty other barrels OF tar of the
aggregate vsne OF SOC si5, and thai at that time
city OF New Orleans then In tho military occups
ton M that portion OF the Cnited States foes operating
IN that section 10 suppress the recent rebellion and
cluded IN the military department designated TIE
Z Department Of the Gull, and OF which the
defendant Benjamin =. Butler. was ut that tune
the MAJOR Icnersl commanding, with headquarters
New Orleans that at The time mentioned one Andrew
4 Butler since deceased the brother ~ this defend.
ant ana was In New Orleans engaged 10 SECURING aud
obtaining POSSESSION OF such property as he could get
control o., and that about the dav OF May 1862 the
brother iniure aud defrand the planf Nv deprivng
nm OF bis property. wrvnguly aud unc~Iully caused
the paintn 70 be arrested by squad OF soldiers, com.
pfsng porton Of the military force under his tBuI
er ~ command and taken before hun 81 his headqusr
tiers aud upon the pretence that plaintiff tad agreed 10
sell TO Andrew J. Butler the properly mentioned IN
exchange certain notes In the smiltude Of paper
money issued by the so.called confederate states OF
oa. Which wsIs ,ns ar e ae ana w
Andrew Butler The property IN question for the noml-
nal Of 81 psS in the invalid aud worthless notes OF
the Confederate government and that the said Andrew
Butler enabled To- and did carry sway and dispose
o. The goods merchand~e 20 his personal profit
and Advantage. Tor which property the psainth as
Judgment 10 tue sum OF f66, sl5, With interest.
The petition Of the defendant, BenJsnin ~ Butler, for
removal ~ tho Cor trial the United states
coari based upon the Of 1868 providing that any
act OF any ohieer o. the United States government, done
Dv anu pursuance OF authority from the President Of the
United Stsaes aud Tor which At lrw shall lie
brought against the oc-r shall he tired before ~
be Vs'ed s's'ss Courts IT, V'gd " DE coonsel w