Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-06-04
BEN BUTLER SUED.
How He Made s25,OOO in Four Days,
And Refused 60 Divide With His
Legal Partner.
New York sun, june /.

New York sun, June 1.
The suit against Gen. Benjamin F. But
Ter for $4,000 for not dividing a big fee
with brother attorney was called before
Judge Benedict in Brooklyn yesterday. AT
2 o'clock the defendant had not arrived, and
it was proposed to adjourn. While this
proposition was under discussion Butler,
looking wild out Of his big off eye, and
showing his Undesirable face 10 the most
Undesirable advantage, startled everybody
by opening wide the door, aud gazing at
something or other in apparent astonish-
ment. He seemed about to smile, and
quickly walking to the counsel table greet
ed his lawyer, Mr.. John Z. Deylin, took a
seat, and polished his bald head with his
hand. The instant that Butler was seated
Judge Benedict said, proceed with the case
of Herbert against Butler" Counsellor
John II. Bergen opened for the plaintiff,
and the case was thus simply narrated:
In 1873 the late GaZaway B. Lamar, a
man Of great wealth, employed Counsellor
Jasper X. Herbert, Of New York, to prose-
cute his claims against the Government for
nearly three-qUaTterS Of a million Of dol
lars for cotton taken from him after the
close Of the war, and after he had taken
the amnesty oath. In October, 1873, Mr..
Lamar retained Mr.. Herbert in
that case, agreeing TO give him
$4,000 to get the appeal dis
missed. In this, Herbert employed Gen.
Butler to assist him. The appeal was
finally dismissed, and Lamar receiving his
money. Gen. Butler collected the S2O,-
600 fee, and 5000 additional for his ser
vices in a Boston case, and refused to give
Herbert one cent Of the money.
The plaintiff, Herbert, was the first wit
ness called. Lamar was to give witness
twenty thousand dollars for his services.
Butler was not slow TO put the significant
question, "What about fees?" Witness
answered that he would give Butler 5000
or $1,000 aud Butler said, "All right
Witness called on Mr. Lamar for his $40
600, and Mr.. Lamar said that he had paid
Butler. Then Herbert went TO Butler, WhO
struck the floor with heavy cane and
shouted, Il have not got one cent for you"
This was in April, 1874. The check on
SOutter x Co, So William street, New
York. drawn by O.. B. Lamar to the order
of Benjamin F. Butler for s., 600, and the
receipt for The same signed by Butler were
put in evidence.
BUFFERS STORY.
Butler stepped slowly to the railing and
was sworn. He reverentially kissed the
Bible and then took his seat in the witness
chair. He seemed about to smile, and
then his features assumed an expression Of
anger. His great, bullying eye twisted and
opened like a clam shell. His other eye
was attacked with a fit Of winks, and ne
made the most horrible crimaces for a few
seconds, winding up with q smile which
the demon of the stage might have envied.
He was very deliberate in his utterances.
BE described his meeting with Herbert
and his employment in the case and insisted
that the work was done by him (Butler).
He instructed Herbert what to do IN the
plans to have the appeal before the Supreme
Court dismissed. The appeal was dis
missed, and aflerward there was an
order revOking the dismissal. Mr.. Lamar
desired him TO meet a motion for a new
trial in the Court Of Claims, as the AttOr-
ney General was about 70 introduce testi-
mOny to upset the claims. Lamar had re-
Ceived offers from nameless persons, who
said at first that they could have the appeal
dismissed through the Attorney Generals
Office for $4,000. Later the sum was low
cred to SIS, 900, and Lamar agreed to pay
it. Butler was indignant, and said that if
Lamar was about & business that way
he would drop tine l..sg. Lamar changed
his course, and listened to Butter, who ap-
peared for him in the United States Cir
cult Court and in other cases, one Of
which was concerning the schooner Wan
deTer.
Butler added that Herbert wished him to
collect his fees from Lamar, and witness
replied that he would do no such thing.
He said to Lamar, "YOu and Mr.. Herbert
must make your own arrangements" He
asked Lamar how much he thought his
(ButleT's) services were worth, and Lamar
said, about one hundred thousand dol
lars" Butler said that So 600 would be
sufficient, and Lamar gave his check for
that amount.
Butler insisted that he was separately
employed by Lamar, and paid by him for
his individual services, and that if Herbert
should have got the $4,000 from Lamar he
(Butler) would have been entitled to the
half of that too. Herbert sued Lamar,and
when Lamar died, Herbert discontinued
the suit and sued Butler. Butler said, 81
distinctly told him that l would not pay
him one cent, and l was probably en-
phatic" Laughter Butler said that
Herbert did nothing in court after the first
dismissal of the case.
The witness on the CTOss-eXaminatiOn
said that he attended TO the case two morn
ings in the Supreme Court, and was Occu-
pied two days in an injunction case for La
mar. He thought the fee not exOrbitant,
THE telegraph has announced that Her
bert was non-suited in the above case, the
decision being in favor Of Butler