The New York herald., 1878-12-03

PHIL SHERIDAN IN COURT.

SUIT TO RECOVER THE VALUE OF PLANTA-
TIoN--THE RECONSTRUCTION ACT PLEADED As
A sET-orP--A RELIC OF THE CIVIL WAR.
Considerable interest excited yesterday in the
United States Circuit Court and its adjoining corr
doris by the that the long expected case
in which General Sheridan figures defendant would
ba opened before Judge Wallace and jury In addi-
ton TO the appearance Of the hero of Winchester there
WIS also added that OF General Butler who had been
retained counsel for the plaintiff General sheri-
dams military bearing the sdmiration OF all be
holders. His watchful. restless eyes, his sinburnt
face; his round. compact head; his hair cut short
with tendency to iron gray in color singled him out
al once. to those who had not seen him before
the man who turned the fortune of war at Cedar
Creek. General Butler hale. hearty and stout
over. and addressed the jury with his old non
chalant manner. ore hand in the pocket of his
pantaloons and small bouquet Of sweet scented
aowers in the lapel of his coat. In addition to
General Butler there appeared counsel for the
plaintiff Mr.. scott Lord and Mr. @. @. Egan for the
defendant Mr. Beckwith. ex-District Attorney for
the state Of Louisiana; Stewart L. Woodford and Mr..
Herrick.
General Butler in opening the case said that tho
plaintiff is Mr.. James A. whalen. and that he was the
owner of the Kiloona plantation in ST. Charles parish
Louisiana and that 1t with the property upon it was
worth S35S,17S 81: that he resided this estate in
August 1867. by virtue OF lease from Maria Taylor
the owner Of the lease. and that at that time the
Sth of August General sheridan. by force OF
arms. seizeu the plantation and the property upon
it: turned the plaintiff and his family out and con
vertcd the property to his nse that also,
in the city of New Orleans the defendant
and his servants carried away $50 hossheads
Of sugar and 200 barrels OF molasses. all Of which
owned by the plaintiff and that the value thereof
$500. The plaintiff claims as damages
$46227S 81. The General then read replies inter
rogatories that formed part Of the testimony In the
ard which had been taken before United States
Commissioner Shields In August, 1875
Mr.. Beckwth moved to dismiss the suit on the
ground that IL for trial in the State Court
of Louisiana inasmuch IL dealt with the POSSES
sion OF real estate and that the United States Court
had no jurisdiction. The Court overrued this mo-
tion and General Butler proceeded with the reading
of testimony.
The principal answer OF the defendant is that the
state OF Louisana, by an act of Congress March,
1857. made subject to military authority; that e
was an officer or agent OF the United Statcs-to wit.
Major General in the army of the United Statesduly
assigned by the President to the command Of the Fifth
District, and that 1t part OF his duty 10 protect
the rights OF persons aud property that II been
represented TO him that certain lswnss persons with
out legal right had wrested the and
pancy Of the kiloona plantation from the owner
thereof and which representation having been sus-
taircd by evidence he had issued an order securing
the persons entitled to the Possession of this plana-
ton protection Ia their rights Of person and property
AT i've o'clock the hearing of the case was adjourned
unt eleven O'Clock this morning, when the taking of
testimony will begin.