The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-12
BENJAMIN F. BUTLER.

BENJAMIN F. BUTLER.
The Hero OF New Orleans OverhnuIea--
Seizure OF the Steamship Nassau and
How 1t was Done-The General Charged
with ssWOrking q Little ROute"-Action
to Recover 100000.
The case of Henry J. Tilden against Benjamin r.
Butler, adjourned from the previous day. was COM
menced yesterday in the United States Circuit
Court, Judge Shipman presiding. Some interest
seemed to be attached to the proceedings, par
ticuary as the General was In attendance, looking
fresh and hearty after his Congressional duties.
The complaint sets forth that one George Hume
well was the owner Of the steamship Nassau,
valued at $780, 900; that on the 18th December, 1882
the defendant, Benjamin F. Butler, being then q
major general OF the United States army, did
fraudenty seize the said vessel and convert her to
his own use, without the consent and against the
wishes Of the owner; that he COM
PEELED Hunnewen to make formal
transfer OF the vessel for the nominal OF $
In currency, bills being then at great discount, or
seventeen per cent less than par. Plaintiff further
averred that all the representations and pretences
of the defendant were false, nasmuch the United
States government did not require said steamship,
was 1t taken for the use Of the government, but
that the defendant seized and took said vessel for
his own private use, and afterwards disposed OF ner
for $4,000. 1t was further complained OF that by
reason of the aoove action on the part of the de-
PENDANT the plaintiff sustained damage and was
deprived OF great profits he could and
would have made, as the vessel was
subsequently chartered for the Of $3.50 per day.
On August 25 1865, the said Hunnewell, for consid
Grafton, transferred to Henry A. Tilden the plain
t all his right, title and interest to the said steam
ship and all cause OF action against BENJAMIN +.
Butler on account of the seizure ana conversion OF
the vessel To this the defendant pleaded general
issues, and also that the cause did not accrue at
any time within two years before the commence
THE CASE OPENED.
Mr.. DOOlitte opened the case for the plaintiff and
recited the facts set forth in the complaint At
the time the vessel was seized she was worth
ana al s5 WAS for b he the
on currency, Hunnewell, the owner. realized only
$26,O2s. The defendants brother, Andrew Jackson
nuence, only second to that Of the General himself
He had charge OF the quarantine OF New Orleans.
and thus had the merchants at his mercy. He also
superintended the towboats, for which there was
great demand owing to the rapidity OF the current
Hunnewell, seeing that 1t was a very profitable
business, purchased the Nassau. His competition
was not at all acceptable to the others engaged
and offers OF purchase were made by them, but
Hunnewell refused to sell more than half OF her.
whereupon he was threatened by the defendant
that II he did not sell veeighths Of her to Andrew
Jackson Butler she would be seized for the use OF
the government. Counsel contended that there
was just as good an understanding between General
Benjamin +. Butler and his brother about the whole
transaction there between the Samese
Twins General Butler, after some further parey
ing, ordered the seizure of the vessel. Hunnewell
under protest, receiving s3l ,s6O-Butler's own
check on the Citizens Bank. Hunnewen com
robbery. There was considerable talk about
it, and finally Hunnewell was summoned to his
SAID s DO
much water" Hunnewell desired little time to
get the money The defendant said he would not
give him minute. Just at that time Admiral Far
ragut came into the office, and Hunnewell availing
himself Of the opportunity, slipped out and got
ndsn t asked se hm again Whether he waneI the
vessel, and Hunnewell replied in the Affirmative
and presented the money, but the General declined
action Of General Butler as a shrewd trick, but
in this instance he was caught In his
to- sell raR vessel o one ne GSs %sa
was made the nominal purchaser, for 1t was well
to .ne to
the other han. Hunnewell followed the General up
closely that the latter was compelled to up
his tracks. The vessel was run by A. ]. Butler d
Grifiths, each taking half Of the proceeds The Mas
sau was subsequently chartered for 5000 day.
After running for about year she was lost Butler
& Griffiths having earned about one hundred and
eleven thousand dollars out Of the government.
Now, the counsel asked why did General Butler have
the vessel transferred in hsOwn and pay for her
| with his own individual check lie submitted that
the very means taken by General Butler to up
i
| The charge against him was that of fraud and he
| would add that General Buffers cunning and
| shrewdness were matters OF history.
Judge Shipman asked under what statute the
assignment from Hunnewel to Tlden was made.
Ex-Judge Porter replied that he was furnish
the authorities upon the subject. He did not think
such question would be raised, because according
to- the law of this State the transfer was legal
Mr. Do0litte, In conclusion, said the real issue to
| be tried was contained in the rejoinder to the
| effect that each and all the alleged trespasses
| and acts complained OF were done by virtue OF
authority derived from the President OF the United
States, whereas the complaint averred that General
/ Butler seized the vessel for his own use. Now, II
| the facts were proved, he COUNSEL thought the
jury would be glad TO make the defendant disgorge
i some OF his ill-gotten gains.
THE TESTIMONY.
William II. Wiegel examined by Mr.. D0olitte:-I
| reside in Baltimore; in September, 1852, was
member of General Buffers stan at New Orleans;
! was engaged with him In his Office; kneW his
brother, Andrew ]. Butler remember a converse
tion that took place In General Buffers office be-
| tween him and his brother: Captain Haggarty was
also present; General Buffers brother came into
| the office and commenced conversation with him
In reference to the steamer Nassau, stating to the
General that she was just such vessel as he (the
| brother needed to bring his sugar and cotton
down, and that he must have her; there
was some further conversation between them,
Captain Haggarty left the office: | was bused with
some papers was fixing up; he said he would like
| to have the vessel that ne must have her, and II
4 there was other way to get her she must he
seized; then got up and left the offlce they re-
| NAMED In conversation about half an hour.
q Why did you leave the OfilceY
Question objected to. Overruled.
A. The reason left was, that there were instruc
| lions from the commanding ofiicer that when
General Buffers brother came on private business
4 the aide de camp should leave.
The cross-examnaton Of this witness was post-
poned till tomorrow owing to the absence OF GER
| tain documents.
| Mr. DoolittIe then proceeded to read evidence
| taken by n commission, after which the case wna