The Portland daily press., 1886-12-03
SUIT AGAINST GENERAL BUTLER.
The Alleged Discrepancy in His Ac-
counts as Treasurer of the Sol
diers Home.

Boston, Dec. 2.-The case of the National
Soldiers Home VS. Gen. b. F. Butler came
up for trial before Judge Carpenter and
jury in the United States Circuit Court to-
day. This is suit to recover $4,000 alleged
to be due in the accounts of Gen. Butler. as
acting treasurer OF the institution Judge
Sanger and Prentiss Cummings appeared for
the plaintiff, and Gen. Butler in his own de-
fence, assisted by G. F. d. Washburn. Mr..
Cummings made the opening for the plain
tiff, stating in brief that Gen. Butler was
acting treasurer of the home for some time
previous to 1880. When the accounts were
audited for final settlement discrepancy of
$4,000 was found, and this suit was brought
to recover the amount
John W. Lufris, clerk in the Second Aud
itors Office at Washin gton, was the first wit
ness for the plaintiff. He exhibited Gen.
Buffers and Gen. Tilton's accounts with the
home up to time of settlement in 1880
Judge Carpenter refused to allow all the ac-
counts to be put in evidence, and ruled that
the plaintiffs must confine themselves to the
accounts directly affected by the question
before the court
Gen. Tilton then took the stand and stated
that he severed his connection with the
and acting treasurer at that time. He asked
Gen. Buler to lend him $4,000 to start a
shoe shop In connection with the home, and
tie General accommodated him. Witness
gave Gen. Butler credit for the sum on the
books of the home in the shoe shop account
The money was sent to witness from Gen.
Butler by General Kearney. The $4,000 he
received from Gen. Butler was outside the
regular business of the home. The witness
commenced to read letter which he wrote
to Gen. Butler on the subject, but objection
was made until the testimony of Gen. w. ID.
Franklin had made it admissible.
Gen. Franklin testified to receiving letter
from Gen. Butler making inquiries about the
alleged Irregularities in the accounts.
Gen. Butler then began the cross-examina-
ton of Gen. Tilt0n. The witness read
letter which he wrote in 1879 to Gen. Kear-
ney, asking payment for $500 worth Of
sum of $4,000 received from Gen. Butler |
will treat as an addition to the apprOpria-
tion." Witness first was notified of some
| fault with his accounts in 1882; had discov-
cred no trouble with my accounts previous
to that time; the. accounts were. examined
| every three months and no fault had pre-
vi0usly been found with them.
Re-direct-My letter to Gen. Kearney re-
| garding my treatment Of the $4,000 was in
reply to one giving me permission to treat
| that permission was given me May %, 1879;
| did not, however, take up the $4,000 in my
| accounts.
Gen. Franklin took the stand again, and
| identified letter written by him to Gen.
| Butler, asking him il he found there did ex-
| ist discrepancy in his accounts that he
| would turn the money over to him (wltness)
| for the. Home instead OF TO the United States
| Treasury, as in the latter case the Home
| could get it again.
Gen. Tilton came back to identify q copy
| OF the letter from Gen. Butler giving him
| permission to use the $4,000 as part of his
| appropriation.
| Augustus Thomas Of the Philadelphia
| firm of Pitkin Il Thomas. testified that he
had a contract with Gen. Butler as Presi-
| dent of the National Home in 1879, to furn-
ish certain clothing and shoes. The contract
| provided that bis firm should take in part
| payment certain shoes made at the Eastern
| branch of the Home. Such shoes were re-
| ceived from Gen. Tilton.
| Cross-examined-The contract for shoes
| provided for about 10000 pair at about one
| dollar pair. The clothing contract was
i for a total of $500, 900 or S250.0OO.
| John Kirk, Clerk at the Soldiers Home at
| Togus, Me-, testified to the receipt of Gen.
| Tilton on the shoe shop account o. $4,000,
| May Z, 1879, and which was used for the pur-
| chase OF leather. This sum was paid back
| by draft in October following
Cross-examned-Did not hear after | left
that SIS, 600 in bonds had been found in the
safe which sdld not appear On the books |;
| never heard that snch was the case
| The case for the plaintiff was then closed
| after which Gen. Butler moved that the case
| be taken from the jury, because the plaintiff
| had not made out case, and he occupied
| fifteen minutes in arguing his motion, He
was overruled by Judge Carpenter, and the
court adjourned until tomorrow.