Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1873-11-08
EVENING NEWS.
ALT. DorES. =, Editor and Proprietor.
WON HIS CASE.

The telegraph informed Us yester-
day that the defendant, in the case Of
WIN. A. Britton, agent, versus Benja-
min F. Butler, as Military Governor
of New Orleans, had been successful In
obtaining a verdict In his favor. Per
haps a resume Of the facts In this case
may not prove uninteresting to our
readers. The action was brought to
ecover $4,000. the alleged value Of
certain drafts confiscated BY Butler In
his capacity as Military Governor.
The declaration alleges that the drafts
in question were coufiscated without
authority Of law. The defendant be-
sides pleading the general issue, inter-
posed In substance the following de-
tense.
On Sept. l, 1861, when he wal Gov
ernor Of Now Orleans the outer line,
of the pickets Of the Union army cap
tured a person, endeavoring to make
his way furtively into New Orleans
from the enemy's lines. There were
found concealed upon the person 80
captured two or more drafts, drawn by
persons doing business In Natehez,
Miss, upon firms doing business In
New Orleans. The defendant, as such
Military Governor, and in obedience
to the ordsns and proclsmations Of the
President, and under color Of certain
acts OF Congress, seized the said drafts
and caused the proceeds to be turned
over to the United States Treasury.
These proceeds have been duly passed
upon, audited, and credited to the de-
PENDANT BY order OF the President.
The defendant further claimed, that
on September l. 1862, commercial
intercourse between the State Of Mis-
slssipptsnd the city Of New Orleans,
was unlawful. That being 90, the
drafts in question were illegal and
void, and therefore were subjects Of
c%onfiscation. That as martial law
prevailed and there were no courts
and no civil authorities, the drafts be-
came conflscate at the will Of the
Commanding General, without any OF
the ordinary processes Of law. The
drafts thus became the property OF the
United States, and tho defendant, on
behalf Of the United States and as Its
agent, collected the amounts for which
the drafts were drawn.
This case had been on the calendar
for eight years, when trial thereon was
commenced In the United States Cir
cult Court In New York last Monday
week. General Butler although pres
emit, took no part In the defense, save
as n witness to the seizure and contis-
cation of the drafts. A jury was
waived, no questions OF fact being at
issue, but the only matter to be de-
cided being the legality of the seizure.
The main issue In this 8 was
whether General Butler acted in ODE
dience to the Presidents orders when
he seized and conflscated the drafts.
Judge Woodford, before whom the
case was tried, reserved his decision
until yesterday, when he decided, as
stated, In favor Of the defendant.
General Butler has been the subject OF
many lawsuits and much animadvsr-
sion in regard to his conduct as Mil
itary Governor Of New Orleans. In
every case, however, which has thus
far been submitted to the decision Of
a court, no has come Off victorious.
The precedent established by this de-
cision will probably tend to discourage
future suits Of this character against
him.