New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-06-01
THE COURTS.


GEN. BUFFERS FEES IN THE LAMAR CASES.
SUIT on JASPER X. HERBERT TO RECOVER FROM GEN.
BUTLER SHARE OF THE MONEY PAID TO
COUNsEL-THE DEFENDANTS STORY OF THE
LEGAL PROCEEDINGS IN REGARD TO THE LAMAR
COTTON CLAIMS.
The suit of Jasper X. Herbert against Gen.
Benjamin f. Butler to 10000 alleged to he due
for legal services in the cotton claim Of the late
Gazaway H. Lamar, OF Savannah, Ga against the Gov
ernment called for trial in the United states District
Court Brooklyn before Judge Benedict at noon yester-
day. Col John H. Bergen counsel for plaintiff answered
that the plaintiff was ready. clerk from Devlin,
Miller & Theall, counsel for the defense, said that
Gen. Butler was In New York and ready to pro-
coed, II tho trial would not occupy more than
day, he had duties to perform to-day at West
Point ~ Chairman Of the Board OF Visitors OF tho United
States Military Academy Col Bergen said that he did
think tho ought to occupy moro than one hour
was simply action for money paid and received
and there could be OMIT two witnesses Gen. Butler was
sent for and arrived at 2l5 r. m, and tho trial pro-
ceeded at once.
The plaintiff testified that in 1873 lie employed en-.
Butler assist him counsel in procuring the dismissal
Of an appeal Of the Government from decision of the
Court of Claims awarding Mr.. Lamar $4,000 as In
demnity for some cotton con1scated during the war
Lamar had agreed to give the witness $4,000 az counsel
fees Gen Butler accepted retainer and told witness
to get him copies Of the legal papers in the case After
witness had got the record Gen. Butler asked him,
What abont feos o. Witness said, you can have
5000 10000 II you like havo an agreement with
Lamar" Cen Butler replied All right" and left, hut
soon afferward told witness to keep his hands of" and
went INTO court and argued the motion Ia dismiss the APP
PEAL which granted Oct. %, 1879. The Attorney
General had the appeal rcinstated but IN 1871 Gen III
ness applied first TO Lamar for his fec al $4,000, and
not receiving IT, lie applied TO Gen. bulieT ior hal OF te
fee, but Gen Butler refused to pay INN Lamar n Ion
wifi hat 10 ElIflpT.
look TO him for bis fee. When witness asked Gen
Better Tor hi, fee, the latter stamped his cane on the
may as well understand that"
Gen. Butler testified that about Oct 20, 1873 he re-
ceiycd dispatch from plaintiff asking him TO meet him
in Washington. He did So and gave plaintif nole 10
the Clerk of the Court asking for copy OF me record
but the had not then been entered Plantln stDse-
qnently procured copy OF the record and Con Butler
told hin the appeal ought to be disssed ana .nt ne
In the United states supreme Court Painiih had said
mat Lamar had authorized him TO employ Gen Bntlcr
AID that be would give him $4,000 or $1,000,
just as Gen. Butler liked Gen. Bntler
made the oop aTgged e hrt c ,s co or o Sc
ward revoked tne order Lamar then came To washing
ton nd employed eH "tr to Sse fer c cdn G
procured n ten days Lamar then told Gen Butter tnatD
would DC dismissed through the Attorney Generals
ys ma, Dismissed Then Lamar sad that ne mad agreed
10 pay 600 have the appeal dismissed in another
ten iays Lamar and III rbct aftcrward met zen. But
Ter Al fho Fifth Avenue Hotel in NewYork, and he told
them that II sdch bargains were going on he would go
on, of tho ease Cen Butler snd II can't he captain
of Ibis ship | won't sail her." and Lamar told him he
Should be captain.
Special a. ns sent to Savannah for new evidence,
b none could be found. Then another offer was made
Lamar dismiss the for money at the end o 80
DAYS but on the expiration OF that time nothing had
been done Then Gen Butler went over the records
with tho Attorney-Gencra, who, becoming
convinced that there was for the
Cour Of Claims had the appeal dismissed GeE Butler
was nfterwid counsel for Lamar IN several other large
cases, including seizuro of the yacht Wanderer.
Lamar got the money in his cotton aud offered Cen
Iutlcr 100000 fUr his services in all the eases zen
Iutler said Lamar would make the amount $4,000 he
would complete the Wan1erer case. which was
still unfinished Lamar agreed, and paid him
the money. On April o. 1874, plaintiff wrote to
Gen Bat, asking him to collect 10000 from Lamar
aud send him whatever amount lie might consider lnn
entitled to- Gen. Butler answered. refusing TO collect
plaintiffs fee Plaintiff did nothing IN court after the
first dismissal OF the and Gen Butler received
nothing from Lamar for hun. Plaintiff first sued Lamar,
and when Lamar died, sued Gen Butler. Ia concluding,
Cen Batter said he lad claim against plslntl, unless
plaintiff should receive his fec OF 100000 In which case
lie should want One-haf -,
considerable argument between counsel anu the
admission OF some unntcresting documentary evidence,
the trial was ADJOURNED until IL a. m. to-day.