The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-03-26
MIR. BUTLER WILL NOT SIGN
Bill of Complaint from Eastern Claim
ants Against John Ewing Rlsley,
demanding an Accounting for Fees in the
Alabama Cases Alleged to BE Due Mcdonald
& Butler ct al.-The Latter Explains

John VI. Butler yesterday received from
\ prominent New York lawyer the draft OF
\ bill for an accounting against John f.
Risley. The bill of complaint was bv Mr..
ButleT as surviving partner of the late
Senator, but suit will not be brought upon
this I'LL, because Mr.. Butler declines to
permi his name to be used upon the state
men. Of facts as contained therein. The
suit Is based upon transactions in connec-
tion with the prosecution of cases before
the court of commissioners of Alabama
claims. In which Risley was associated
with the ex-senator. Mr.. Butler was seen
yesterday. and made the following state
ment in regard to the matter:
Some time about the year 1881 Senator Mo
Donald, as the representative of the firm OF Nc
Donald E Butler. entered into a contract with
kisley. then New.York lawyer, for the prosecu-
ton and collection of Alabama claims. The mat
Ter was wholly in charge OF Senator Mcdonald,
80 far as the firm was concerned, except that
some time between 1881 and 1885 or 1886
prepared some briefs and made some arguments
before committee, and probably one peione
the commissioners. The contract was
and has not been found since his death, but
have found a letter which would seem to Indicate
that the Senator had sent IL TO Risley with re-
There was isf>.e amount OF money collected
from the government and paid TO persons whom
they represented in these claims During the
AFTER part OF December last, or the fore part OF
January, gentleman from New l0rk, friend
OF Mr.. Elam. came to this city. and ne and Elan
knew about the transactions in con-
nection with these cases. told them
had not found the contract and did not think
II was among the Senator's papers, as L had
found a letter indicating that the contract had
either been left in Washington or sent to Risey
with the receipt upon the back. 1 also found
some letters showing that Mcdonald had made
some kind OF a settlement with Risley on claims;
these letters seemed 10 indicate settlement In
full but they related particularly to the claims
OF the Ogden estate l was uncertain whether
the settlement referred to was In full or
oil matters connected with these particular
claims or in full of the whole amount From
these letters L obtained sufficient data to look
through our books, and found that some tine in
iSs1 kisiey had paid MeDSnaic 6etwesn S6,V so
Executor Haughey, has corresponded with New
York parties. and 1 myself have written three
letters on the subject in which 1 stated that 1
did not know facts sufficient upon which to base
any claim against Risley; / think Severfdge
wrote the New York parties If facts sufficient to
justify such course were 1ounu. !
suppose, and think Beveridge SO wrote
that II any snit were brought IL
would have to be brought In my name as surviv-
Ing partner. In my last letter, which 1 wrote
the same day found the letters in the letter
book, stated that thought the letters and re-
ceipt settled the matter. and heard no more OF
it until to-day. when received from a promi-
nent New York lawyer the draft OF bill OF COM
plant against Risley Tor accounting. The pur-
pose, shown by the draft. seemed to be TO
bring suit In my name as surviving partner, and
the draft sent TO me to be sworn TO and re-
turned TO the New York lawyer. read over the
bill and immediately determined that could
not verify it because 1t contained large
number OF statements as facts that knew moth
ing whatever about Immediately sent for Mr.
Elan and had him read the bill, and told him
could not aid would not consent 10 be complain
ant In any suit in which the bill contained state
ments such the draft or this bill con-
tanned. After Mr. Elan read the bill he agreed
with me In my conclusion i declined to verify II
and wro.ea letter declining to make the affidavit
and returned the bill unsigned and unverlfied
i told the New York lawyer that was unwilling
60 be plaintiff in any suit in which did not
know positively that the facts were stated In the
bill correctly and truly. / presume that my let
ter to New York to-day, returning the bill un
signed, will end the matters at al events IL will
so far as / am concerned.
Mr.. RisIey has been appointed minister
to Denmark and it was hoped to have the
bill placed on file before his appointment
was confirmed by the Senate and then have
O writ of ne exeat regnas issued TO prevent
him leaving the country before the case
was disposed of. As the suit will have to
be brought in the name of Mr.. Butler 81
surviving partner the bill cannot now be
put on file before the appointments Is CON
firmed. and il is probable that 1t will bt
dropped. It Will at least have to be dropped
until Risley returns.