New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-06-16

The True History Revealed in Court Of
Justice-Seizure of the Steamer Nassau
Important Testimony of One Of His
staff Officers.


The suit of Henry A. Tilden against Ben
-ismin f Butler to recover about S33, 900
damages for the seizure of the steamer Mas
SAL BY Butler in New Orleans in 1862, came
to trial Yesterday in the United States Cir
cult Court, before Judge Shipman. Butler
came into court after the trial had begun
/ and took a Sc 1t beside his counsel. Ex-
Judge John K. Porter and E. A DOolittle
were present as counsel for the plaintiff,
| and John f. Deylin assisted the District
Attorney on behalf of General Butler The
plaintiff claims that Butler really seized
the vessel for the use of his brother, while
the defense is that the seizure was made
for the government by authority of the
President. Butler claims, also, that the
action is barred by the statute of limita-
tiOns. The suit was first commenced in the
State Supreme Court in August 1866, and
was afterwards transfer red to the Federal
court The jury having been called and
sworn.
District Attorney Davis suggested the
inquiry to the court whether the parties
had the right to peremptOry challenge
under the State statute which gave that
right.
The court doubted whether, in the alb
sence of any rule of the court, under the
act of Congress of 1910 adopting the State
law, peremptory challenges would be ad-
missible. The point was involved in some
Obscurity.
The District Attorney said that in view
of the doubt and obscurity surrounding the
question, he had drafted an act and sent it
to Washington early in the session, to allow
peremptOry challenges in civil cases. lie
had been informed that it had passed the
House, but had no knowledge whether it
had become a law.
Judge Shipman said, in that case, 1t was
important the parties should agree to allow
challenges, else the trial might come to
naught.
Elk Judge Porter thought the District At
tOrney would be likely to know if the bill
had passed.
Judge Shipman said it would require an
Omniscient mind to know what bills had
been passed during the last hours Of the
session.
Mr.. Devlin said they had no objection to
any OF the jury, but in order to have an OBJ
iectiOnIupOn the record, they would chal-
lenge peremptOrily Mr.. Comstock. The |
court Overruled the challenge. Mr.. Com
stock subsequently, on hearing the title of |
the case, said that he was an army officer |
during the war, and had served part of the |
time under General Butler at New Orleans |
He would, therefore, ask to be excused, |
though he knew nothing of this transaction. |
He was excused by consent of both sides. |
The District Attorney was afraid that the |
excusing of the juror would lose to them |
the question raised by the challenge.
The Court Then YOU had better chal- |
lenge some other juror.
The District Attorney think we will |
let the matter remain as it is.
Mr.. DOolittle then opened to the jury on |
the part Of the plaintiff. He said that on /
the twenty of September 1862, the |
steamer Nassau was taken by force by Cen
eral Butler, from George Hunnewell, at |
New Orleans Mr.. Hunnewell had since /
assigned his interest in the vessel and right |
of action to Mr.. Henry A. Tilden, the
present plaintiff. Mr.. Hunnewell had taken
the vessel to New Orleans, and was about /
to convert her into a tow. The moment he
attempted to do that he stirred mp hor-
nets nest. At that time the vessel was
worth $4,000. Shortly after General But
Ter took possession of New Orleans, in May,
1862, with United States forces. His
brother, Andrew Jackson Butler, appeared
there, and was possessed of influence second
to none but the Major General himself.
Though insOlvent when he went there, he
very soon, amassed a large fortune.
Through the quartermaster he took
charge of all tOw-bOats in and
about New Orleans, and they were an i'm
pOrtant part Of the measures used for max
ing money there because the river was
crooked and all the vessels required to be
tOwed for many days TO get up to the city.
money by towing, and for that reason had
changed the Nassau into a tOwbOat His
were Immediately known to |
Andrew jackson Butler, and a person in
his employ came to him and said he wanted
to buy tive-eigbths share. Mr.. Hume
we'll, understanding who this man was act
ing for, and a power behind him, was will
ing to sell One-half share for so, 800 The
man offered him that amount for a five
eighths share. Mr.. Hunnewell refusing he
was IN very short time tapped on the
shoulder by General Buffers provost mar
shall, with the remark, Il want you No
man dared refuse in that place. Hume
well was taken before General Butler, who
said, do you own the steamer Nassau
want to buy her" She is not for
sale" was the reply. of you don't
sell that vessel for me-" was Buffers
rejoinder, II will seize her for the govern
nent." Hunnewell replied General But
er, it the government of the United States
wants that vessel, l will charter h r to the
government for any reasonable price-$50
4 day or less He said, II won't charter
her, because the mission for which she is
wanted is dangerous, and the government
Will have to pay if she is lost" Mr.. Hun
newell said, 'If she is lost | will take the
consequences. | don't want you to take
he vessel, as l had bought her for a spe-
,itic purpose, but if the government wants
ler, take her now for the voyage, and l will |
AXE the risk of her loss" General Butler
said, Il am going to take her from you and
sive you my own price. l will give you
S28, 000.' Mr.. Hunnewell referred to the
fact that. Mr.. Eddy the day previous had
offered $22,5O0 for ive-eighths. you lie !"
said Butler. No such thing / know all
about the transaction" And he did know
Ill about it. His brother, Andrew jackson i
Butler, having failed to get five eighths,
controlling share OF the vessel, |
General Buffers office for the pur-
,Ose Of having it seized. He had pre-
-iously told his brother, That is just the
,essel l want to send up the rivers to get
,ut my cotton and sugar. On Der if we
ant get her otherwise we must seize her. |
The whole subsequent transaction showed
hat it was a plan concOcted between thee
wO brothers to get the vessel Then Butler
avs to his prOyOst-maTshal, 'Take that |
nan to the Customhouse and see that he
transfers. that vessel" There the Custom
.ouse official said, why did you sell this
-essel to General Butler - ''YOu see why"
aid HunneWell: Il am in the custody of
his officer and call you to witness that l
10 it against my will-tbat l transfer this
essel under protest. Hunnewel didn't
care ouite as well as some men in New Or
cans did. He said, General Butler, this
a rash measure, and you will hear from it
GREATER" General Butler paid S3l 300 in !
bills of the Citizens Bank of New
orleans, which made the net amount $50, 02S.
Hunnewell still had the courage to com J
lain of the harsh measure, and they could
Ot shut his mouth. After he had received '
he money the provost marshal again tapped
i'm on the shoulder, saying, General But [
sr wants YOU General Butler said, do I
rrnaaaI hnalr I InV,'f ! /