The sun., 1878-12-04
TIE KILL0NA PLANTATION.
GEN. sHERIDAN's FAMOUs ORDER TO
A SHERIFF IN LOUISIANA.
Dispossessina Unton Man Who is Said TO
Have stood High In the Favor OF our Gen
ernls-Are Mnlea Renl EsIate In IonI.Innnl

Di'possessing n UnIon Man Who IL Said 20
Have stood High In the Favor OF our Cen
ernls-Are Mules Real Estate In Loutsinnns
Judge Wallace found the United states
Circuit Court room uncomfortably crowded all
day yesterday with tho anxious multitude who
wanted to see Lieut. -Gcn. sheridan and Mnjor-
Gen. Butler. who is trying to get a verdict
against him Of sl1G 27sG7. for causing the
seizure Of killona plantation in Louisiana in
1861 Most Of the day was occupied IN reading
the dcpositons Of witnesses taken in Louisiana
by commissions
Louis D. Broussard testified that he was man
agor Of the Kiona plantation in August. 1867.
employed by the plaintiff. James A. Whalen
that Mr. Whalcn was disposscssed on that day
by the sheriff Of tho Parish Of st. Charles. act
ing under the order Of Maior-Gcn. Sheridan.
Tho following is the order:
Hr,perARrrns Firm MILITARY ptsrutcr.l
srrciaL Orders No 10 Thc United states circuit
Court vrcut and District Of Louisiana, having at Tue
hy which Nirk oyt ct al then in possession Of he
G6sres under day executed lease, and o Of the rer
sonal pI2r5T msseom oy bureh9se' were aisPos,
ct al placed IN possession and the same court having
iRe ms,cr and HasHq dismissed @ The %ri or "uncuom IN
Snd al @ ~ tnc case bgt ihe sad lanes Son
said NOV rcmo,c aud To order 60 secure 20 the said
pnIchss to the possession Of the plantation the crops
ding With Re cerk OF lie Distrci oaTI for thS S' Pnrh
of 81 Charles. la bond for t5oUn with three surctics
worth double amount Of said bond. as security ior
Sac3cS S 2 9 n % Sc es Of % % d pa. ss %' No Ss
Hoyt e the shern of ihe Parish of 81 Charles will
able posse .son Of the Kona Or Ransom Freres planis
@ n m lS pa wS or would T have den aa c, .a
MARX lloyi been dsnossessod by James gondon et al
GEo. l. HAKrsuTr. Assistant Adjutant General
Mr.. Broussard enumerated the property on
the plantation. told how IL was seized by the
sheriff under Gen. Sherldan's order. and how
Mr.. Whalon was elected while in full and undis-
puted possession Of the place.
Mr.. Herrick produced the cross s-interroga-
tories OF Mr. BrOussard In which IL is alleged
that he contradicted his test mnny with regard
to the Ownership OF the plantation. and sup
ported the theory Of the defence that Mr..
Whalen WIS not the actual owner in possession
and therefore Gen. Sheridan could not have
David r. Lewis testified that he was n visitor
on the plantation when Mr. Whalen was elected.
He heard the sheriff read tho order OF Gen.
sheridan TO Mr.. Whalcn. and corroborated the
s,c.hcdule q yaluablcs taken away from Mr..
Whalen. Mr. Lewis said he had known Mr..
Whalen 10 bo Il strong Union man during tho
rebellion that Mr.. Whacn was held In high
fav9r, 10y Gov. shepley. Gen; Butler. Gen. Banks.
and Col: Thomas. and was bearer of dispatches
from Washington to Gen. Butler ut New Or
leans during tho war. and held the ofllce OF one
OF the police jury in tho Parish of -. Charles
under the Onion authorities. Other cOrrob-
orntivo depositons were also read.
When Gen. butler offered to read deposition
showing how Shcridnus order No. 10 had
been obtained, Mr. Herrick objected on the
ground that the legal forms had not been COM
piled with. Tho deposition was ruled out after
Gen. Butler had used strong efforts TO get II in.
=, Then. he SAID; we will have to prove 1t 10y
Mr. Be'kwiih.' So tho lawyer for The defence
became the first witness Tor the plaintiff.
Gen. Buffers examination Of his witness was
very much like examination. II wis
intended TO bring out the. fact that Mr.. Berk-
with. as lawyer for Nark Hoyt. had gone TO Gen.
sheridan for tho purpose Of procuring the
order on which the property of Mr. .whalcn
was seized Mr.. Beckwith admitted going with
Mr.. Hoyt To Gen. sheridan. but could only cay
generally. that they designed TO get some action
order by Gen. Sheridan was not issued
immediately after the interview. Mr.. Beck
with hcsiatcd TO say that il WAS. The witness
further testified that there WAS litigation re-
gardng tho sugar and molasses that Whalen
AYERS he lost in New Orleans. Mr.. Beckwith's
no means ia favor of Gen. Buffers client, for he
said positively that Gen. Sheridan never scized
custody OF officers OF tho court for n long time
before Sheridan'a order No. | 10 was issued and
ceiver ultimately sold il. Mr. BecRwith adj
nlttrd signing SOM sort uf n petition 10 Gen.
Sheridan tor Mr. Hoyt, who was his client. Ia
get some sort OF an order, tut he did not know
oi the existence u the order until some time
after IL wis issuod.
seizure BY the Sheriff under Con. Sheridans
order. Mr.. pecon visited Mr. Whalon on the
hlllnNN llhnthtiNn ABOUT inrtf' MrekS IN 1861,
and WIS there when the sheriff came. He gave
llst OF the property. and among other things
spoke ot some mules.
Mr. Beckwith objected 10 tho oral testimony
on the ground that the matters relating to real
estate were fully settled according to the laws Of
Louisiana. and could not bo determined in III is
court. As 10 the mules hc said hc should show
by "A long line of decisions that the courts Of
Louisiana had held that the mules belong TO the
real estate. lIAughtcr.l
Judge Wallace-Mhen the proper time comes
Will decide whether the mules are a part OF
the real estate. il.aughterl