Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-09-04

BUTLER AGAINST STRONG.
The Case Postponed to Next Monday
Strong's Answer to Buffers Motion.
There was quite large attendance Of people
in the Equity Court room this morning in antici-
patton Of interesting proceedings before Judge
Cox in connection with the motion Of COM
plainant for an extension Of time for taking
rebutting testimony, and hearing such testi-
mony In open court, in the case of Gen. Butler
against Samuel Strong. Mr.. Strong had placed
In evidence paper purporting to be an agree
ment by Gen. Butler as to his fees in prosecut-
ing Strong's claim against the District govern
ment 1t is alleged by Gen. Butler and his
counsel, Mr.. o. d. Barrett that this paper is
forgery, and they ask time to take testimony
in regard to it
ARGUING THE MOTION TO POSTPONE
Shortly after opening the court Mr. Barrett
asked that the case 60 over until he could have
Gen. Butler here, and also desired postpone
ment for the further reason that the testimony
he wished to refer to had not yet been written
out.
Mr.. Cook, who appeared for Col. Strong, said
there might be question as to a further post
ponement On June IL an order was passed by
this court allowing the complainant but thirty
days to take testimony; the defendants thirty
days to respond. and complainant twenty days
to put in rebutting testimony. This time ex-
pired on Saturday or Sunday last. and the COM
plalnant puts in the motion for an enlargement
OF his time. The plaintiff had used but two
out of his thirty DAYS for testimony in chief
and but seven out of his twenty in rebuttal and
under these circumstances an extension Of
time is asked. This would give HIM twice the
time consumed by all the defendants. The
court in making the order said that il would be
expected when returned that the testimony
would be completed. Now, Gen. Butler is out
OF the county enjoying the sea breeze and is
not here as expected. but asks postponement.
He says in his affidavit that he has confided his
case to his solicitor, and the latter says he
wants the general here. 1t was
MOST EXTRAORDINARY PROCEEDING.
Mr.. Barrett-''Are We to argue the merits Of
the motion?"
Mr.. Cook-"No, for there are no merits in it,
1t Is like the Irishman's toe-nothing like it in
the heavens above or in the earth beneath"
Mr.. Cook resisted the motion for an indefinite
postponement. He spoke of the order of the
court and Of ''the cultivated indulgence on
the part OF the complainant and his prefer
ence for salt air and yacht excursions instead
Of devoting rigid attention to his case" and
said: He lays before you no special reasons
not very much concerned if il does ,ish the
court to lay restraining hand upon the intel
lectual and legal excursions of Gen. Butler"
The court said the case might go over till Mon
day.
Mr.. Barrett-'If Gen. Butler arrives will
be ready to 20 on"
The CourI"The understanding will be that
II Gen. Butler arrives it will be taken up"
Strong's Answer.
Ill 80
answer Of Strong to the motion of Buffers
counsel, in which he (Strong) says that the
motion is irregular and unauthorized by the
established practice and precedence in each Of
its facts and without any proper foundation in
the facts in support thereof. He recites the
order of the court and notes the time taken by
the parties in taking testimony, Gen. Butler
having used but two Of his thirty days in chief
and seven of his twenty days in rebuttal He
says the only excuse of the complainant was
that he was at sea on his summer vacation, and
for the week ending August "a the solicitor,
Mr.. Barrett, was too sick to attend to business.
As to the second clause asking TO be allowed
to put in rebutting testimony in relation TO the
exhibit and conversations with the witness
Palmer he (Strong) files a photographic copy of
the exhibit and says the request is without any
authority, precedent or ju LITIGATION. and he is
unable to conceive why rebutting evidence
should be taken in open court, and protests
against granting the same. but il done he claims
that his testimony should be given in like man.
ner. He also objects to further cross examin-
alton Of himself or Palmer, as both have been
manner, and to recross examine would be with
out precedent, irregular and unjustifable. and
on the same ground he might ask that all the
testimony be reopened and render useless the
testimony already taken.
DETECTING TO THE TESTIMONY OF SMITH AND
EVANS.
As to the notice that the evidence of Strong.
Palmer, J. Amber Smith and Rev. ]. E. Evans
will be read and the exhibits be presented, he
(Strong) objects to that of Smith and Evans
on various grounds He SAYS he objects 10
Smiths testimony being read, first, because it
does not relate to the exhibit except in the
slightest possible manner; second, because it
consists of a mass Of irrelevant and vituperative
matter, part Of which he was required TO with
draw scandalous and impertinent; third
because scarcely any OF il is strictly rebuttal;
fourth, because nearly all thu questions pro-
pounded to him were objected to as irrelevant
immaterial and incompetent; fifth, because the
evidence consists Of correspondence between
him (Smith) and Butler. scurrilous, impertinent
and scandalous. and no parts of it can be dis
posed of until the objections in the record are
Opposed of, and, sixth, because dispositions
taken by the examiner cannot be considered by
the court until regularly certified and fled i'll
the court. As to the inspection of the exhibits
he says to detach them from the others would
be manifestly unjust and improper.
MIR. STRONG DENIES
the statement made by Mr.. Barrett in his affi-
davit that he declared the signature pur-
porting to be Gen. Buffers to be q forgery and
says that when produced il was handed to Bar
rett. who held il up to the light and he handed
it back to Col. Cook; that he did not then
charge it to be q forgery. but that he was al
lowed the use of il for DAYS to have litho-
graphic copies made, and about August II he
became q witness for Gen. Butler in his own
Office and there made no reference to the paper
being q forgery. Strong further asserts that
all along he has stated that he had the paper
He states that it is forty-eight days since he
produced the paper and he (Butler) has had
ample time to meet il. He (Strong) says in
reply to clause of Gen. Buffers affidavit: II
have not committed the crime of forgery.
Whether the plaintiff has committed the crime
OF perjury neither at present affirm nor deny,
in making his affidavit. but / say the crime
a justification for taking evidence in the ap-
parent interest of the complainant in open
court, SO that the credibiiity OF the witnesses
may be in part determined by their appearance
and manner. And l say that in appearance
and manner and credibility my testimony will
compare with that of the complainant himself
and the testimony of all the witnesses produced
by him." He further states that he will be
eighty years Of age Il October and submits that
there remains in law some bumanitarianism,
and while complainant is q man of large means
and IAN attorney-at-law Of large reputation,
whether real. incidental or fictitious. that am