The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-01
BATTLING WITH BUTLER.

THE LAMAR COTTON cLAIM LITIGATIoN-THE
ESSEX STATESMAN SUED FOR TEN THOUSAND
DOLLARS PROCEEDINGS BEFORE JUDGE
BENEDICT.
General Benjamin r. Butler was in the United
States District Court In Brooklyn yesterday after
noon to look after pts interests In the suit OF Jas
per K Herbert against him for $4,000. The case
has occasioned conside able comment among law
yers owing to the peculiar nature Of the ttansac-
ton which caused the sult. The case was opened
by John II. Bergen, counsel for the plaintiff. who
said that the late GaZaway 3. Lamar several years
ago retained Jasper K. Herbert, OF New YORK.
to prosecute his claim for S59oO0O for cotton
owned by MIN, which was connscated After
the close OF the war, and after he had
taken the oath OF amnesty. Mr.. Herbert
brought the action against the government agents
in rhe United States circuit Court at Boston.
General Benjamin T. Butler was employed, with
Mr.. Herbert, In the prosecution OF the suit, which
continued one week. and resulted In pro lorna
verdict for the defendant, subject TO review by
the United States Supreme Court, where the case
now stands for argument on writ OF error.
While the case was on trial IN Boston the Court OF
Caims.gave Lamar a Judgment In another cotton
case for over $4,000, and the government ap.
pealed from the judgment Mr.. Lamar retained
Mr. Herbert in that case to get the appeal dis
missed. agreeing 10 pay MIN 800, 900 for his SER
this case also. Tue appeal was dismissed and
Lamar received his money.
General Butler received the $4,000 agreed
upon between Herbert and Lamar, and also
So 600 for his services in the Boston suit. He then
refused to pay Herbert any OF this money. aud the
suit is hrou2 nj to recover half ofthe 100000
Jasper X. Heroert. the palntin, tnen testined
that lie EN- loyed General Butler In 1873 as ascot
ate counsel in the case OF Mr.. Lamar TO procure
the dismissal Of an appeal from the decision ol the
Court OF Claims: General Butler accepted q le-
rainer and told witness TO get him a copy oil the
papers. but the case was not docketed; this was
IN The Court OF Claims In Washington city; when
witness brought him the record General Butler
said :-awhat ABOUT fees ~ witness told him ne
could have S. coo or $4,000 tnat he twitnessl
mad an agreement with Mr. Lamar; General But
ier said .AIl rirht'' and went away; witness mad
told Butler that the compensai ion he was 10 re-
ceive from Lamar was $4,000; soon aiter this
General Butler told MIN 70 keep his nands on
and argued the motion TO dismiss the appeal.
which was granted on October %, 1878: witness
next heard Of the case when ne met
TO Washington together; Attorney General
williams had tue appeal relnstated on
in April 1874, taat It dismissed; witness ala
not get MS Tee; applied Tor II hrst 20 Z tnar ana
had informed him that he had paid Butter $4,000
aud he tHerperI must get his money from HIM
wnen the witness asked General Butter for his lee
the General stamped one loot on ne no0r anu
said II haven't got one cent Tor you =
DESCENDANTS counsel John L. Devlin. o. New
York. refused TO admit that General Butter re-
ceIved S25,O00 Mr.. Bergen offered IN evidence a
check for tnat amount on Soutter Co., OF No.
SO William street New York payable 10 General
Butler. The cnecK was signed by Lamar and in
dorsed BY General Butler
General Butler was then sworn. He tcstined
that herDert told him Ia Washington that ne Was
employed by Mr.. Lamar 10 collect some claims for
cotton, and desired Buffers assistance, which the
latter granted; after the appeal was dismissed
the Attorney General moved ior a reinstatement,
and the Court revoked tue order OF dismissal; Mr..
Lamar had told General Butler that he would pay
$4,000 10 have the appeal dismissed through he
Attorney Generals oIlce, and 1t nad been paid;
Hereert had brought suit against Lamar for his
was decided, and now he hau brought an action
against witness.
The case was az this point adjourned till this
morning at eleven O'Clock, when the counsel VIII
sum up and toe case viii be given TO the jury.