Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-01-27
THE CASE OF HON. n. Il. BUTLER.
His Trial on the charge of Forgery.

the case OF Hon. r.. X. Butler, of
Tennessee, on an indictment for forgery. was
called, AID the witnesses from North Carolina
having arrived last night, the government
represented by Judge Fisher and Mr.. Harring-
ton-said they were ready, and the trial was
proceeded with. Mr.. Butler appeared with his
counsel, hesers. Davidee, Riddle, and n. II.
Miller, and waived the aTraignment, pleading
not guilty 70 the first indictment, which charges
him with forging the name Of Mrs. Berthemy
Farmer on draft, Of which the following is a
s SG. ass.
Tie Raleigh National Bank Of North CarOliaa,l
Raleigh, October 25th, 1863. 5
Fay 10 the order of Berthemy Farmer four
hundred and seventy-three 12-lO6 dollars.
q. DEWEY.
To the National Bank of tie Republic, Ne,c Yort.
On this the endorsements are Berthemy Far
mer, *. X. Butler, Jay Cooke < Co.
The following jurors were selected John
Grinder, Daniel Lightfoot Thomas Lowe, w,
e. Herfurth, Ephraim Knowles, j. s. Paxton,
BI9oxe, John Stahl, j. e. Venning, and
DISTRICT ATTORNEY FISHER OPENED THE CASE,
reclting that the Indictment is Of six counts
charging the accused with the forgery and ut
terance OF the aforementioned paper to the
prejudice OF the parties named and the United
States. This was an extraordinary case; the
nIst time member of Congress, in his knowl-
edge, bad been before a court on such charge
ID had the papers for Mrs. Farmer for a pen
sion, and succeeded in having his name placed
on the pension rolls, and sent the papers to Mr.
DciNiu, cEslOn agent at haelgl, authorizing
him to place her name on his roll, and re-
quested that the amount due her be sent to him
(Butler) in draft on New York. This DIR aft
was sent to him on the 26th, and on the 18th Mr..
Butter presented the draft to Jay Cookies bank
IN this city, and IL was cashed. The defence,
as he had been informed, claimed that when
the accused endorsed Mrs. Farmers name it
was at her instance and by authority. He was
free to confess that he would rather the United
States would fail honestly in this case than the
accused should be convicted ifhe was not guilty;
and he would be pleased if Mr.. Butler succeeded
in establishing his innocence
MR. DAvIDGB, FOR DEPENDANT,
SAID they admitted that the draft was drawn as
stated; that Mr.. Butler wrote the name OF Mrs.
armer and his own on the back OF the draft
but would show that he was acting as Mrs. Far
mer's agent, with full authority, both orally and
In writing, and that they had witnesses to prove
afforded the defendant to vindicatc himself
irom the calumnies which had been heaped
MRS. BERTHEMY FARMER
was the first witness called, and testified that
she was the widow of Calvin Farmer, a soldier
ana received pension from the government.
She was sent for by MIR. Butler to come to see
hlm IN relation to the pension and she went and
the papers were filled up. man named Bliyins
told her that the application was successful and
went to see Mr.. Butler, who resided about 25
miles from her. He told her that he would fix
up her papers 20 she could draw the money.
She told him that she would like him to do il,
and he liked up some papers. but did not know
what what kind they were; paper power of attorney
exhibited) could not say that ii was one of the
papers; could not write, but made her mark to
some papers called-blanks, when she first went
70 see him. She never knew that she had to
the alleged power OF attorney, dated oct. 9TH.
1869, and she said that
SHE NEVER SIGNED 1T.
She saw Butler In March, 1870, and paid her
$50, but he stated that he had never got her
money, but he would get it as quick as it was
allowed. witness had got some goods from him.
" illness received her pension certificate from
ever saw the certificate from the Pension Office
70 the Pension Agent. Never signed a paper
making ID III. Young her attorney to draw her
famed Donnelly when she made her application
Cross-examined by Mr. Dayidge.-Don,t re-
olect the year she first saw MIR. Butler; knew
he signed some papers, but did not know what
hey were; had had some goods from the store
Il Mr. Butler at TaylOrsville, but does not
Inow how large the bill is: did not recolIect
hat she was in utler's Office in October. 1863.
md did Lot put the mark to a paper exhibited:
iNows THAT sHE DID NOT EXECUTE THE PAPER
,efOre Donnelly in the presence of Brooks, Mr..
5utler and others; don't recollect ths. Cue Cal.
Mn Gilbert took goods from Buffers for her:
witness never made an affidavit before T. j.
5arIy, made one before Solomon Hams on Horse
reek.
Mr.. Davidge here read to witness an affidavit
".
$40, which she denied making; witness does not
row Lafayette Jones and did not make an affi-
avlt in october, $50, before him; Mr.. Davidge
cad the affidavit, that she had given a mower
4 attorney TO Butler and Butler had paid her
very dollar due.
SHE DENIED
hat she bad made such affidavit or that the
acts set forth were true, with the execution
hat SwaIt shad come TO see her; did not tell
Sfooks OF the contents OF that paper.
Mr.. Davidge read another AFFIDAVIT, stating
rom the post office, which she said she did not
make or slgn, nor had she signed any papers but
rlnted papers, except one which was made
'efore Hams on Horse creek.
sHR MADE COMPLAINT AGAINST BUTLER
o Swartz, who came to see her from the de-
and she had not made or signed any
ffdayit since. She was very poor directly after
he war IN 1850, and was supplied with means by
Ter relatives and neighbors. Butler let her
ave some goods after he found out that che had
claim. She did not think that the goods She
;ot from him amountedto 500. had had set
lement with Butler through his son, but it was
Tot satisfactory, a. he claimed that she had been
laid in full.
Mr. Davidge read receipt for sJ47 ~ from
!. X. Butter, dated April 9Th, purporting to be
igned by her with an y mark and witnesses.
admitted she had signed such paper
'ut stated that Butler was to buy some land for
Witness husband died on the sth of july after
he surrender, (1S65.) She had a child eight
Iears cid, and another which will be three years
I'D IN March. Did not have any younger. Had
cot married since the death Of her husband.
Redirect by Judge Fisher:-Exhibited an affi-
iayit purportiDg to be made before Solomon
Hams. Witness said thacwas not the paper but
added she could tell when IL was read over to
Ter. (Judge Fisher read the paper, and she said
read nightly like it, Never made an affida-
MT before Barry; did not get letter out of the
'ost office at Horse Greek from the pension
IN e; could not find out who took it out
Cross-examination Tesumed:-The paper read
" Judge Fisher reads like the affidavit made
'eiore Hams; but could not swear il was that
,aper.
q. Did you or not tell Col Grayson, last fall,
Z Jour house in Ashe county, y. g., that
'wartZ told you that if you would swear that
ou had not authorized Blu tier to sign the check
hat be would pay your money TO you, and that
'ou might make up with Butler if he would
i've you 500.
A. No, sir. 1 can tell you pretty much about
What said to Grayson. This ere Brooks came
liter me TO come to Bristol, and told Brooks
hat was not coming; that Swsrtz told me
leednt 90 without he came after me himself or
ent after me, and told him was not going
lnless knew Mr.. SwartZ had sent. Then
Brooks started of and met Ed. Grayson, and
i'm and Grayson came back to my house the
ext day, and i told Grayson the same words
md nothing more. There were people by and
eard the same as me. IL was association
ines. and there were lots of folks by.
AT this point recess was taken.
MR. r. n. CLARK
nj a. al