, 1869-12-11
The sult AgaInst Cen. ButIcr.

city, by Miss RoWena Florauce,
niece of the late Gen. 'Twiggs for
the recovery of the value Of "poons"
and other silver ware and table fur>
niture, appropriated by Butler while
in command 10 New Orleans, in the
spring of 1862, together with the
three splendid swords presented to
Gen. Twiggs BY the United Estates
Government, aud the States Of Texas
and Georgia. Miss FIorance lays
her damages at SS7 900, and Judge
Jones has granted an order of arrest
against Butler, fixing the amount Of
bail at SIS, 900.
AFFIDAVIT OF MISS FLoRANCE.
City of New Orleans, Parish of
Orleans, State of Louisiana. Rowens
Florauce, tho plaintiff in this action
having been first duly sworn, deposes
and says That on or about the lst
day of June, 1864, this depOnent
resided in the city of New Orleans,
State of Louisiana, and there residing.
was the owuer, by good and lawful
right, Of certain valuable property,
and amongst other things Of value,
there we're three jeweIled, gold
hilted swords, with gold shesths and
scabbards, of the value of about 1885,
600 10 gold, and one box Of silver
ware. table furniture, of the value Of
$4,000 10 gold; the deponent further
says that on the day last above men
toned the defendant, at that time
military commandaDt stationed at
said city, did. without just cause or
excuse, and not acting under any
authority of any superior command
but mnlicious'y, wIliuly and felon
iously enter in with violence ard
force of arms upon this deponent's
house and premises, and having thus
entered, did fOrcibIy, and against
this deponelt's wish and protest,
seize upon and appropriate 10 his
own use the articles of property be-
longing to this deponent hereinbefore
mentioned; and having seized, did
retain said property, and still does re,
tain the same. to deponent's loss iu
the sum of at least S37 900: and de>
ponent further says that at the time
mentioned, when said property was
by the defendant seized tbs depohent
was living in privacy aud retirement
in the city of New Orleans, that she
was not then in arms, nor the alder
and abettor of any person or persons 10
arms against thegOvernmeDt and laws
of the land and believes that no pre-
text of military necessity existed for
the measures taken BY the defendant
against her property. And depoDeni
further says that the swords hereinbe
fore mentioned were family heir
looms, and we're not used nor de-
signed to be used in any military
enterprise whatever, but had been
the property of Major General Da>
vid Z. Twiggs, who gave them to
this deponent. The swords had been
presented to General Twiggs, soon
after the Mexican war, by the States
of Texas and Georgia. and by the
United States Government. Depon
ent cannot now state what disposi>
tion the defendant has made of such
property beyond the fact, as she is
Informed and believes, that the de-
fendant, some time ago, gave out that
the swords had been deposited by
him with the Treasury Department
at Washington, but never accounted
for the silverware at all. But de.
pouent has instituted inquiries at
the Treasury Department at WASH
ington for such property, and OBJ.
tained through her duly authorized
agent and attorney from ex-President
johnson a verbal order on the De
partmant for the return to the de
ponent Of said property: but all to
no purpose, for after search made,
the same has not, cannot be found.
As to the silverware, deponent never
yet has learned that the defendant
ever has professed but that he de-
liberately appropriated the same 10
his own, use. ROwENA FLoRANCE.
THE ORDER OF Arrest.
Superior Court of the City Of New
York. Roweus Florance vs.. BeuN
jamiu ?. Butler.
To the Sheriff Of the City and
County of Mep York: 1t appear
ing to me by affidavit, that sufficient
cause Of action exists in favor of
the above named plaintiff against the
above named defendant, and the
cause is one mentioned in section lT9
of the Code of Procedure, and the
said plaintiff having given the un-
dertaking required by law, you are
required, forthwith, to arrest the
defendant in this action aud hold
him to bail 10 the sum of fifteen
thousand dollars (s15,000), and to
return this order to Edward D
Mccarthy, plaintiffs attorney, at
bis Office, No.6 Pine'street, on the
first day Of December. one Thousand
eight hundred and sixt5>nine.
s. JONES, Justice Superior Court.
EDWARD. D. MCCARTHY, Plain
tifs Attorney.