The New York herald., 1872-06-18

ShnrHe OF Brfbery Against Keepers In
! Charge OF Property Seized for the Gov
ernment-ImpOrtant Decision.
Before Judge Benedict.
George A. Lawrence and Floyd Field were IN
dcted in the United States Circuit Court for &C
cepting rs keepers OF certain goods seized under
the Internal Revenue law, q bribe of 800 to re-
lease such goods. The indictment was found
under section 9S OF the Revenue law Of
July 90 1868, and section so OF the Internal Revenue
law OF July 10, 1866. motion was made to
quash the indictment on the ground that persons
placed by seizure olcer In charge OF goods seized
as forfeited for violation OF the Revenue law
not within the provisions Of either OF the laws
erred to, and therefore are not liable for punish
ment against them. In the course OF a decision
given yesterday granting the motion to quash
sch keepers not within the scope of section 9s
OF the act OF 1863 under which the first count of this
Indictment Is found The operation OF that section
Is confined by its terms to any officer or agent ap-
pointed and acting under the authority OF any Rev
enue law. 1t speaks OF report In writing to his
next superior officer and to the Commissioner OF
Internal Revenue. 1t provides, as part OF the pun
islment, that the offender shall be dismissed from
office. These words seem to me to indicate that the
act was not intended to apply to keepers designated
to maintain the custody OF property seized by
seizng officer for a violation OF the Internal Rev
appointed under a Revenue law. They have no
next superior officer, and dismissal from Oice Is
not not form Of punishment adapted to such case.
General Butler In Court-The Alleged
Seizure OF the Steamer Nassau.
Before Judge Shipman.
The case of Henry A. Tilden against Benaman F.
Butler, in which the plaintiff sues to recover
100000 damages for the alleged illegal SEIZURE at
New Orleans in 1862, of the steamer Nassau, was
continued yesterday morning. Counsel for
defendant reanlrmed their views OF the
case, that the assignment OF Hunnewens claims
as owner of the Nassau to Tilden the plaintiff was
not even admitting Hunnewell to have been the
owner Of the vessel when she was seized, such an
assignment as did or could convey q right OF ac-
tiOn to Tilden. Counsel for plaintiff cOntended
that the assignment was valid as conveying right
of action, and cited numerous authorities sustain
evidence saying that the case OF Allaire against
Whitney was conclusive as to Its admissibty.
The testimony of Samuel P. Griffin was read by
PLAINTIFFS counsel to the effect that Griffin after the
seizure of the Nassau by General Butler, became,
at the suggestion OF Andrew Jackson Butler,
in the vessel, and that Andrew jackson But
Ter was owner Of the steamer Nassau and
the Court without directly deciding upon the ques-
tion under consideration (the validity of the con-
tricts directed the witness to continue his testi-
mOny He said that General Butler had told him
the Nassau seizure agree with his General Butler's
1t would be Of considerable interest to General But
er. and witness would not lose anything by 1t.
Much amusement was caused by the production
and reading OF letters between General Butler and
the witness, In which the presentation of dogs by
comments made by General Butler upon the points
OF the dogs
The witness having written a letter to Butler
asking him to use his influence with Secretary
Stanton In witness behalf, General Butler asked
him what that request referred to; the wit
ness replied that 1t was merely to save him from
court martial for striking an officer who had SIAN
dered General Butler.
George Hunnewell, who claimed to own the Mas
sau when she was seized by General Butler, then
testified that General Butler sent for him and asked
him to sell the vessel, ana on his declining threat
ened to seize her for the United States service;
witness told the General he did not want
to sell the vessel, but would charter her to
to the government for as low sum as $40 per
day, when the General, using strong language, said
he would take the vessel for $2S000 and then called
an orderly and directed the transfer of the vessel
to be made ut the Custom House.
Case still on.