The New York herald., 1868-03-13

his confinement the defendant Abram Wakeman,
Surveyor OF the Port OF New York, who was then in
washington looking after his interests In the matter
OF the preservation Of his official position, visited aim,
and the result OF the interview was that upon plaintiff
sented to use his influence with Presdentand Mrs. Lin
coin and Charles A. Dana, then Assistant Secretary
OF War, to procure his release. Wakeman, the plain
tir says represented that his Influence owing To his
personal intimacy with Mr. and Mrs. Mncoin was
very great. Eitel was subsequently released from
deposit of s25, 900 was at that time usually re.
quired by the War Department upon q release on
when called upon to answer the charges preferred
against him. Mr. Eitel further says that after his re-
lease Mr.. Wakeman told him that on one
occasion, while endeavOring to procure Etel's
discharge, he CWakemnn) was in company
with Mr.. and Mrs. Lincoln riding past the
prison. when Mrs. Lin ,n remarked, "there Is
where your friend is confined" and that arriving at
the Executive mansion Mr.. Lincoln signed an order
securing the release OF Eite 90 parole upon Wake
Department security; that Wakeman obtained In
consideration thereof from plaintiff check for like
amount upon paintifs firm, Louis Eite Co., Of
South street, New York. which wss drawD-
Eitel alleges that Wakenan was never drawn upon
for the check deposited by him, and that subse-
city of which defendant is senior me,aber presented
TO PLAINTIFF claim for $4,000 for services rendered
IN obtaining the release Defendant in this ac-
and claims q balance dae of s3,700, repay
ing, however, the balance OF the $4,000, the
security having been discharged. The sum OF
$3 700 che defendant retained as compensation for
services and PLAINTIFF now sues for the recovery Of
this amount, with interest on the $4,000 while
Wakeman retained possession Of 1t, amounting In
addition to $3.50. Plaintiff denies that he ever EN-.
plOyed the firm Of Wakeman Latting In any way,
or that he ever engaged the services OF Wakeman In
dlvldually In professional capacity but solely on
account OF his personal influence for the exercise
Of which the $1,000 paid is ample compensation.
the special written request Of Eite urging strenu-
ously upon tive firm the undertaking Of his case, and
that the items OF services mentioned by plaintiff
but small proportion Of all the measures necessa-
rly adopted to secure his release. the defendants
bill OF particulars Ia AZ foOws-
with Lewis and Kemp and Hardrsan, and
sending the latter to Washington and prepar-
Ing statement for him, &C.. 500
Attendance, waiting upon and numerous inter-
views during this time with Colonel Baker,
Mr.. Chittenden, special agent OF the War De-
partment and other United States officers, as
to Neutrality-suspicious. and the nature OF the
charges against him and the intentions 0s the
rreparing and nrocnrinr paners for anniicoton
TO War Department for his release upon bail
and making various efforts to have him tried
and time attendance and interviews with Mr..
Cbittenden on the subject. 25o
MARCH Is to 20-Tme and services in visiting
Washington and laying case and papers before
Secretary Of War ard arguing and urging
case in that department.. t...,..---....r...-.. 500
Department 70 the President Of the nnited
States, and presenting the whole matt ,r bf-
fore him and obtaining by him review Of the
reversal OF that decision and order for FL tells
release nom prison on giving security. 800
Services in getting amounoof security iixe d at
$4,000 instead Of 900 and In deposAting
same from DEFENDANTS private fnnds 18th
War Department for appearance OF Eitet for
trial before court martial at Washington VI '0n
Rxpenses ut washington in and about the m at-
ter ...........-..-..... :. $50
MARCH IL TO 2l-Services in New York and % r.
sonal attendance for many days, concluded an
March q, for obtaining money from Colon Il
Baker taken from Eltel when arrested. snd for
afterwards obtaining his papers aad keys...,. $50
MARCH II TO MAY l5-To time and servicea
forged enlistment papers and credits for en-
listed men charged against Eltel by the United
States government, requiring examination OF
the course OF business at No. 173 South street:
and careful examination Of u large mass OF
papers and books, and the following out and
collecting evidence by correspondence, &c, aSt
to each case-this labor and attention extend,
ing over weeks OF time continuously, and
including also examination OF law questions
ON this subject and the charges Of taking
money and impeding enlistments, &c-....... 500
cash psid Mr.. Herdman in this part Of the case,
In addition to the 500 paid by Eitel -.... l8o
case and evidence for
trial before court martial at Washington. cor
responding with other coHs,ssl and the gov
eminent officers as to the nattoH end holding
ourselves in readiness TO attend trial before
court martial ut Washington on days notice 1900
uLY-Services In procuring adjournment OF
trial from time to time, and correspondence,
and various consultations for that purpose. 100
presenting to the President OF the United
States and War Department evidences and
opinions OF eminent men on the subject or
military trials, for the parpose OF preventing
, military trial In this case, and finally pro-
curing an order that Eitel's Gsse he rcmitted
10 the civil tribunals in New York for trial
upon regular indictment. Observation-Disclosures. 300
Expenses to Albany, &c, IN this matter $50
IuLY AND AUGUsT-Services and time in getting
thereafter the security released and bail taken
In its place and In preventing said security
from getting into. the hands Of United States
Asnl. .V.A tr ltnffn
spomience with United States officers on the
subject, and In attending with bail and pro-
curing their justification before the United
States Commits soner and proceedings before
said court on holding Etel 10 answer charges
srpTEMRrR AND :ocropEn, is55-Aitendinc and 1'0
consulting Will the United States District At
torney and 9th ers as to this case when before
The United Sta ties Grand Jury, and as 10 Eitel's
appearance aid getting his bond and bail dis
charged and the whole matter finally dis
NJ expenses an disbursement naid nv us not
heseinbefore charged, but expended from
time to tu,e during the course OF these
sefNicce..... ...-s.......... 25
Total. $3.50
Deducted In djIssment ent...............s53
Deducted as for interest for security while
Amount paid Herdnan. Is0
Disbursements inclVded in the above bill,
ahiouhtuus tu............ 200
-1,2l0
Total auft ch'ged for professional sarvices "a 320
MATCH To- 1000
Balance $500
August y received this amount and part OF
above disbursement, making. So, TOO
The case came before Judge Barnard yesterday on
an appica ION by defendant for the appointment OF
reiere 10 try the issue, on tho ground that the
exainin ation and proof of long account is neces-
sary @id that II Cannot fairly and correctly be tried
peIorJ lury ~ the close OF the argument the
courstook the papers, reserving Is decision.
couH OF CtA&0H PleAs-TAA TERM PART.
action Against the Corporation.
Before Judge DAILY.
r A0rdhdm rs. The Mayor e al This was an
action to recover damages against the Corpora
tion for injuries to scos the property OF the