Show MOVEMENT TO DISMISS SUIT AGAINST BENJAMIN f. f BUTLER NEW YORK Sept 10 After After a n lapse of thirty years action has been taken to have ha dismissed a suit brou brought ht n against the late Gen Benjamin F. F But But- I lor of Massachusetts b by John Jolin II 11 Lester Lestor Les Les- ter tor who sought to recover er damages dam damI ages for alleged false alRo imprisonment in in I 1664 1864 In its time the tho action attracted I widespread attention but it had bad long Since sinco been blen f forgotten rotten and was reviver revived re only by br the unexpected unearthing une of somo some mu musty t toM old oM records bearing upon it by United l States St District Attorney AttorneyS S Stimson t i in son When General Butler was in command comp com mand of the department of Virginia Virginin and North Carolina in i. 1864 he was called caned upon by br Lester who wished to have havo his family passed through tho the lines Jines on a flag of truce Wh While Je he was talking with tho the general he was re recognised ol- ol niT niT-cd hJ by one ono of the thc latter's subordinates nat nates s as a spy SP He was taken into cus cusS tody tolly and incriminating documents were found upon him as 9 n a result of which ho was tried by bJ a n commission and mil sent Rent to toa a military prison As long Ions afterward as ISiS Lester brought two suits a against General Butler One of these was thrown out of f court and the tho other never ne came to trial While Whilo going through the ol old papers in in his office Mr Stimson found those hearing bearing on the second suit and he ho ap- ap piled to the thc United States circuit court yesterday to have it dismissed on account account ac ac- ac count of the tho d death th of General Butler which occurred in 1593 1893 As Lester has not been bern heard hear of in twenty years tho the probability is that he be also is den dead It will be ne necessary however to di dig up some minor papers bearing upon the case before tho the formal dismissal can bo be entered on tho the records |