Herald and tribune. [volume] (Jonesborough, Tenn.) 1869-current, 1871-02-09
Hsnerably Aequitied.-Trial Of
Hem H. r.. Butler.

y
lie appeared in court at 10 o'clock, and
the court was opened. Hon. r. r. Butler
With his counsel, Messrs. Davidge, Riddle.
and III. HI. Miller, entered and took seats
within the bar. Messrs. Fisher and Har-
rington appeared for the Governments
The Court inquired if the Government was
ready to proceed, and received an affirma-
tive answer. Judge Fisher, in brief ad-
dress, recited what they expected to prove.
and was free to confess that the Govern
ment would rather fail honestly than that
the accused should be convicted if he was
not guilty, and would be great deal bet
ter pleased if Mr.. Butler established his
innocence. -r
Mr.. Davidge, for the defense, said they
would admit all the prosecution claimed,
but would prove that all that Mr.. Butler
did was by authority, both verbally and
written. He had power of attorney to act
in the premises, and they intended to show
him innocent. He was glad that their
client had that opportunity to vindicate
himself from the calumnies heaped upon
him.
BY consent, the Farmer case was first
taken up, and Mrs. Berthemy Farmer
called to the stand. She testified at length
that she never gave power of attorney to
Mr.. Butler to act for her, and that she
never signed the papers ailedged to have
been signed by her, among which was her
application for pension and other papers.
She was cross-examined at length by the
counsel for the defense. and, among others
was asked the following question:
Q. Did you or not tell Colonel Grayson
last fall. at your house, in Ashe county,
North Carolina, that Swartz told you that
if you would swear that you had not au-
thorized Butler to sign the check that he
would pay your money to you. and that
you might make up with Butler if he
would give you $500?
\. Nc, sir. | can tell you pretty much
about what said to Grayson. This ere
Brooks came after me to come to Bristol,
and | told Brooks that | was not coming /:
that Swartz told me needn't 90 without
no came after me himself or sent after me,
and told him [ was not going unless l
kew Mr.. Swartz bad sent Then Brooks
started off and met Ed Grayson. and he
and Grayson came back to my house the
next day, and I told Grayson the same
words aud nothing more. There were
people by and heard the same as me. 1t
was association tines and there were
lots of folks by.
Aftera short recess Frederick NJ. Clarke
was sworn. He testified that he was Il
clerk in the Interior Department. and that
it was usual to send persons applying for
pensions paper of interrogatories which
had to be answered and sworn to; that in
that case be incloSed the questions and
sent them to Sarah Taylor, postmastress,
Horse Creek, n. c., directing her to give
| them to Betnemy Farmer and to get her
to answer them; in that case the next time
| he saw the papers they were handed him
by Judge Metcalf. Chief Clerk, Interior
Department, with the questions answered
and sworn to; the application came back
in the regular way.
He was cross-examined by Mr.. Davidge.
Judge Fisher stated that the prosecu-
ton would there rest their case.
| The defense then called Albert @. Don
nelly, who resides in Taylorsville, john
son county, Tennessee. where the power of
attorney was given in his presence, as also
IN the presence of seven witnesses. de
testified that he was a notary public, and
drew up the paper at the solicitation OF
Mr.. Butler.
James r. A. Smith testified that he had
been clerk in the employ of Mr.. Butler,
and that he was present when Mrs. Farmer
made her mark on the paper, (power OF
Attorney
R. H. Butler testified that he was the
son of R. r. Butler, and that he was pres
ent when Mrs. Farmer made her mark on
the paper, (power of attorney y he was a
witness to the whole transaction, and knew
all the particulars of it.
/ Nathan Brooks was next called. lie
also was present when Mrs. Farmer made
| her mark, and stated that he knew her
we'll she had often stopped at his house.
The Court. What's the use of proceed
ing further with this case?
Mr.. Davidge. l have nothing to say,
your Honor
The District Attorney. I feel it my
duty to say what should have stated some
time ago, after the examination of these
respective witnesses, that all of them seem
to contradict this single witness, but sup
posed the gentlemen wanted to make the
| fullest vindication they can.
The Court 1t could hardly be more
complete than it is now.
] Mr.. Davidge. l desired to proceed until
! we had some intimation from the court In
respect to the vindication Of the defend
ant.
! The Court. There is not the slightest
foundation for the prosecution.
The District Attorney privately remind
ed the court that what he had said might
be looked upon as reflection upon him
in the discharge of his official duties.
The Court said he had no intention oi
being understood as charging the District
Attorney with any excess of zeal in the
performance of his duty, and directed the
Jury to return verdict of not guilty.
The Court directed that the defend
ants witnesses be paid by the Govern
nlent.
District Attorney Fisher said, before
thew proceeded with the next case agains
MIR. Butler, he would now hold confer
ence with the defendants counsel, and ex
anime some of their witnesses before ht
would proceed.
After short absence he returned anC
asked that nollc froscq,ti be entered II
the second case, as he was clearly of The
opinion that in the case of Mrs. Madden
the second against Mr.. Butler. the Gov
ernment had not shadow Of a case: h'
, had examined the witnesses and was salts
. fed that Mrs. Madden had also authorized
Mr.. Butler to use her name for all purpo
; ses. and further, that she bad received ev
. erv dollar from Mr.. Butler that she wa