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solution of copartnership, and which has been shown you during this examination, was written and signed on the day it bears date 1-A. Yes, sir.
Q. Did you see it signed by Jules and Auguste Perrodin --A. I did.
Q. Why does not your name appear there as a subscribing witness ?-A. I do not know, but I believe there was sufficient subscribing witnesses without me. I passed several times through Opelousas during the war after this paper was signed. I did not remain in Opelousas for any great length of time. I had no regular employment during this time.
Q. Þid you not know or nnderstand from either of said Perrodins, at or about the time said agreement of dissolution was made, or since, that notwithstanding said agret ment the parties were still interested together in their business, with an understanding that the profits were to be shared by each ?-A. I know nothing of their business since the instrument of dissolution was written by me and signed by them. They never told me that they were or were to be in partnership, notwithstanding this dissolutiou.
Q. Was any money paid by either of the parties to the other at the time said agree ment was sigued ?-A. There was no money paid in my presence. I do not remember whether there was an account of stock taken at the time. I cannot swear positively whether there was a balance-sheet of debits and credits made up at the time, but I believe there was. I do not remember that I drew up any such sheet.
Q. (In general.). Can you state any other matter or fact other than what you have already stated which may benefit either party? If so, please state the same.-A. I know nothing else.
C. BABLED. By the COMMISSIONER: Q. Please state your name, age, residence, and occupation; whether you are in any degree related to the claimant or interested in the result of this suit 1-A. My name is Pierre Laberie; am thirty-nine years old; reside in New Orleans; am a wool mercbant; am not related to the claimant in any degree or interested in the resuit of this suit. I have known Mr. Jules Perrodin since 1861 ; I came from France in December, 1860 ; I went to Opelousas in May or June, 1861, and then became acquainted with Jules Perrodin. In the beginning of 1862 I first became acquainted with Jules Perrodin's business; after the taking of New Orleans in May or April, 1862, I went to Opelousas and boarded with Mr. Jules Perrodin. During the war I remained in Opelousas, and Mr. Jules Perrodin during that time had no partner in business; he condncted business himself during this time; I sometimes visited the parish of Avoyelles to see some friends.
Cross-examined : I left New Orleans at the time of its capture; I was doing nothing in Opelousas during the war; I sometimes made rum. I did not board regularly with Jules Perrodin; I staid with him sometimes two or three days, sometimes a week, to help him. I sometimes wrote for him and sometimes sold in his store. I never saw Auguste Perrodiu there; I do not know him; I was in Opelousas in October, 1862, but do not recollect if I was staying with Mr. Perrodin. I staid while in Opelonsas a part of the time with Theodore Valair and family; Mr. Valair is a planter and lived 9 rentes from Opelousas. Mr. Valair made some cotton in 1861-can't tell how much he made. Mr. Valair is a French subject. I know of no persons in the parish of Landry or in Opelousas who placed their cotton in the hands of Mr. Valair to keep it secure. I was in Opelousas when the United States troops came there. I was taken prisoner by them, but released when they ascertained I was not a soldier. Do not know if Jnles Perrodin was in Opelousas when the United States troops first came there.
Q. How do yon know that Auguste Perrodin was not a partner with Jules Perrodin in 1862 and afterwards ?-A. I did not know Mr. Auguste Perrodin. After I went to Opelousas in May or June, 1862, Jules Perrodin was apparently carrying on business in his own name. He never told me that he had a partner, and I never knew that he had after May or June, 1862.
Q. Did you know of Jules Perrodin training with a militia company in Opelousas! -A. I do not know.
Q. Can you state anything else which may benefit either party other than what you have already stated ? If so, please state the same.-A. I do not.
P. LABERIE. By the COMMISSIONER: Q. Please state your name, ago, residence, and occupation; whether you are in any degree related to the claimant in this suit or interested in the result thereof.-A. My name is Edward Durand; aged forty-three years; reside in New Orleans, and occupation a bookkeeper; I am not related to the claimant in this suit nor interested in the result thereof. Am now acquainted with both Jules and Auguste Perrodın; first became acquainted with Jules Perrodin in 1862, when I was then in the employ
of Lobet, Charpentier & Co. as a clerk. Mr. Jules Perrodin was one of our regular customers during this period ; his transactions with our house were pretty extensive; we received his produce and filled his orders. To the best of my recollection from the time I first became connected with the house of Lobet, Charpentier & Co., which was in January, 1862, the accounts of said house were in the name of Jules Perrodin individually. All the accounts, sales, account currents, all accounts and correspondence were rendered to him individually. The documents attached and marked “C” show a part of the transactions of Lobet, Charpentier & Co. with J. & A. Perrodin and Jules Perrodin individually.
(These documents are introduced by claimant's counsel subject to all legal objection.)
Cross-examination: During the war I was in New Orleans. I entered the employment of the firm of Lobet, Charpentier & Co. in January, 1862, and remained in their employ and the employ of their successors in business until 1869. After the capture of New Orleans by the United States forces no commerce or business was carried on between Opelonsas and New Orleans. No commerce or communication was carried on except surreptitiously through the lines. I have no recollection of sales of goods to Jules Perrodin by our firm from the occupation of New Orleans by the United States forces till the close of the war.
Q. (In general.) Can you state any other matter or fact other than what you have already stated, which may benefit either party? If so, please state the same.-A. Nothing.
ED. DURAND. By the COMMISSIONER: Q. Please state your name, age, residence, and occupation; whether you are in any degree related to the claimant in this suit or interested in the result thereof?--A. My name is Theodore Valade; am sixty-five years old, and reside near Opelousas, in the parish of Saint Landry; am a planter. I am not related to the claimant; am not interested in any manner in this suit.
I have known Jules Perrodin for the last 20 years. I knew him at Grand Coteau and afterwards at Opelousas. I also knew his cousin, Auguste Perrodin; he was born at Grand Coteau. Jules Perrodin is a Frenchman, born in France. Auguste and Jules Perrodin were in partnership. I was employed by Mr. Jules Perrodin from July, 1861, to the end of 1862. I know that it was the intention of Jules Perrodin as far back as 1861 to dissolve the partnership between him and his cousin [he always intended to dissolve his connection with his cousin, because that cousin was about entering the Confederate army).
(Testimony in brackets objected to.)
The agreement of dissolution of this partnership was effected in 1862, and being referred to the original act of dissolution he recognizes his signature thereto as one of the attesting witnesses, and he recognizes the signatures of all the parties and attesting witnesses, and that it was executed on the day it bears date, viz, 27th October, 1862. I know that the money stipulated to be paid in said act was paid to Auguste Perrodin by Jules Perrodin; it was paid in my presence. After the dissolution all the business was carried on for his own account and in his own name by Jules Perrodin; I was the bookkeeper and know that Auguste subsequent to the dissolution had no interest whatever in the business. I have a knowledge; am perfectly acquainted with the means of Jules Perrodin; he had sufficient means to carry on the cotton transactions with which I am acquainted ; all the cotton transactions were entered in the books of Jules Perrodin in his own name and for his individual account. I saw Jules Perrodin at the beginning of the war, compelled to muster in the militia without arms, and I know he never left Opelousas. I know that he spent a great deal of money to get out of it, and even went to Shreveport and obtained a judgment granting him a discharge. Mr. Jules Perrodin did never, directly or indirectly, give any aid to the Confederates'; sometimes the Confederates came and took things by force. He gave as much aid to the Federals as he did to the Confederates. In order not to be plundered, Mr. Jules Perrodin closed out his stock by sale by anction, and spent considerable money to obtain his discharge from the militia.
Cross-examined: I came here in 1849, and found Jules Perrodin in Lonisiana, at Grand Cotean, in St. Landry Parish, about ten miles from Opelousas; he has lived there ever since; I am pot a naturalized citizen; I have always been a French subject. I was clerk and bookkeeper of Jules Perrodin. I was the only one. I was employed in July, 1861, and so remained until end of December, '1862. I live nine meters from Opelousas. Jules Perrodin lived at Opelousas. I do not now remember the exact period when Jules Perrodin sold his stock at auction, but it was after the dissolution, and after I left his employment. It was some time before, considerable time before the arrival of the Federal troops. After I left his employ I remained at my home, except occa. sional visits to Opelousas. I resided on my place from the time I left Perrodin antil the end of the war, except that I visited New Orleans occasionally on passes obtained from General Banks.
Q. Did you also have passes from Confederate officers ?-A. I did.
8. What was your business in New Orleans ?-A. I came to see my friends and on business with the French consul; at one time before the seizure of Perrodin's cotton I came to New Orleans for the purpose of registering in the consul's office certain cotton belonging to Mr. J. Perrodin. I can't say that I registered all the cotton that Perrodin owned at tbat time. I know nothing of the intentions of Mr. Perrodin, but I suppose he registered all the cotton be owned at that time. This registering was done some time atter the capture of New Orleans. I cannot recollect the exact date, as I had no interest in it and was simply doing a favor for Mr. Perrodin. I recolleet it was in tbe summer. It was registered solely in the name of Jules Perrodin. At this time I had no pass from General Banks; he was not here at that time, nor did I have a pass from General Butler, nor did I have a pass from any Confederate officer.
Q. How did you get in the United States lines ?--A. I presented myself to the Federal captain, colonel, or other officer commanding at Plaqnemine, stated what my business was, and that I was a French subject, and he gave me a pass to New Or. leans.
Q. How did you get back within the Confederate lines ?-A. By the intercession of my friend Captain Bowles, an officer of the staff of General Banks, an aide-de-camp: I got a pass by order of General Banks to go back to my home in Opelousas.
Q. How long was you absent from Opelousas at that time -A. At that time I remained at least four months here. During this time I was in the employ of Jules Perrodin.
Q. During the time from July, 1861, to December, 1862, how much of that time did you spend in Opelousas ?-A. This was my only absence from Opelousas during this period.
Q. What kind of money was paid by Jules Perrodin to Auguste at the time of the so-called dissolution of partnership ?-A. Two-thirds of the amount was paid in banknotes and about one-third in Confederate notes, which had the same value as bank potes at our place.
Q. Do you know that that save money or most of the same was returned by Auguste Perrodin to Jules Perrodin ?-A. I do not know; it was about the time that I succorded Balled, the former bookkeeper of Mr. Perrodin.
Q. How did it happen that Auguste Perrodin was in Opelousas in 18627-A. He came there on business for his regiment.
Q. Were you not inforned by the French consul, and did you not so inform Jules Perrodin, that in order to hold his cotton it was necessary that Auguste Perrodin should not appear to be his partner?-A. The consul gave me this information, but at the tiine be did so the partnership had been before dissolved; I did not transmit this information to Jules Perrodin, or communicate with him about it or speak to him abont it; it was unnecessary; the dissolution had already taken place.
Q. After you returned from New Orleans the first tinie, did you visit New Orleans again betore Perrodin's cotton was seized by the United States forces 1-A. No, I did not; I was at home when Perrodin's cotton was seized ; I was on my plantation: there was about thirteen or fifteen bales on my place belonging to Mr. Perrodin which had been seized ; I did not cultivate it; it was ginned and baled on my place and remained there nutil its seizure; it had been raised by small planters in my neighborhoed; there was other cotton on my place, but tbis was the only cotton there that belonged to Perrodin; there were 169 bales on my place which were seized, besides Perrodin's; these 169 bales belonged to me; I cultivated from fifty to fifty-two bales of this lot, and the balance I purchased.
Q. Have you paid for that cotton, or had it been placed in your hands for safekeeping, because you were a French snbject ?-A. All the balance of this lot was paid for by me.
Q. Have you any knowledge that Jules Perrodin drilled or assisted to drill the militia in Opelousas or Saint Landry, which was afterwards sent out of the parish to Camp Bisland, New Orleans, or elsewhere?-A. I don't know that he either drilled or assisted in drilling or that he went out of the parish, but I know that he was finel for not attending to drill; this was about the beginning of the war.
Q. Was Jules Perrodin a popular man in Opelousas ?-A. He was rery popular, generous, and enjoyed the esteem of every body. Jules and Auguste Perrodin have worked together since the close of the war, but I do not know if the partnership has been renewed between them; it is the belief that they have been associated since the close of the war.
Q. (In general.) Can you state anything else other than what you have already stated which may benefit either party; if so, state the same ?-A. I know nothing more.
Between the undersigned Jules Perrodin on the one part, and Auguste Perrodin on
1. From the date of to-day the association called J. & A. Perrodin is dissolved by
2. Said Jules Perrodin agrees to pay the debts contracted by said association and
3. Said Auguste Perrodin acknowledges by these presents to have sold, as in fact he
DOCUMENTARY EVIDENCE FROM FRENCH AGENT.
Filed February 1, 1883.
AUGUSTUS BURLEIGH, adm., &c.,
WASHINGTON, lo ler fév'r 1883,
GRIMAUD DE CAUX,
United States Court of Claims. December term, A. D. 1870.
Jacob Hirsh v. The United States.
Additional evidence for claimants.
Deposition of Thomas E. Chickering.
Deposition of Thomas E. Chickering, a witness called by the claimants in the causes,
the numbers and titles of which are herein before written, taken in the city of Boston, in the State and district of Massachusetts, at the office of F. W. Palfrey, esq., No. 13 Exchange street, on the 18th and 19th days of August, A. D. 1870.
Present: The claimants, by their solicitor, John J. Weed, esq., The United States represented by Darwin E. Ware, esq., by and before me.
FRANCIS W. PALFREY, Commissioner of the Court of Claims.
THOMAS E. CHICKERING, of Boston, county of Suffolk, in the State and district of Massachusetts, having been first duly sworn, deposes as follows:
First general interrogatory by the commissioner. Please to state your name, your occupation, your age, your place of residence the past year; whether you have any interest, direct or indirect, in the claims which are the subject of inquiry, and whether, and in what degree, yon are related to the claimants.-A. My name is Thomas E. Chickering; I am a maker of pianofortes; I am forty-five years old; I have lived the past year in Boston. I have no interest, direct or indirect, in the claims which are the subject of inquiry; I am not in any degree related to any of the claimants.
By solicitor for claimant, JOHN J. WEED, Esq. : Q. State whether or not, during the late rebellion, you were in the military service of the United States; and if yea, state in what years yon were in such service, and in what capacity.-A. I was, in the years 1862 and 1865, both inclusive. I entered the service as colonel of the Forty-first Regiment of Massachusetts Volunteer Infantry, afterwards changed to the Third Massachusetts Volunteer Cavalry. While holding that commission, I was assigned to duty as military governor of the parish of St. Landry, which included the city of Opelousas, about the 20th of April, 1863, and I continued to act as such military governor till the 19th of May following. During my term of service, I was assigned to various commands in Louisiana, and I was fre. quently in command of a brigade or division of troops, or of a number of regiments equal to the usual complement of a brigade or division. While I was military gorernor of St. Landry, I had under my command various troops, and when I was relieved from duty as military governor as aforesaid, I took with me the following regiments and battery: The 41st Massachusetts, dow serving as mounted rifles; the 52 Massachusetts Infantry, the 22d and 26th Maine Infantry, the 90th, 110th, 114th, and 175th New York Infantry, and a section of Nim's First Massachusetts Battery.
My headquarters, while military governor of the parish of St. Landry, were at Opelousas and Barre's Landing. Regiments under my command were, while I was such military governor, engaged in gathering cotton, sugar, and other products of the country, under orders given by me, in obedienee to orders from superior headquarters. The Forty-first Massachusetts was the regiment inost engaged in these daties, and the Fifty-second Massachusetts, at Barre's Landing, attended to forwarding what the Forty.first Massachusetts and others gathered. I have no memoranda or means of stating the amount or details of property seized by troops under my command. We had books that gave full details, showing every bale of cotton, barrel of sugar, &c., where and when seized, by whom seized, to whom belonging, &c., but they were burned at Brashear City, while they were stored there during our absence on the Port Hudson campaign. The towns of New Iberia, Abbeville, Washingtou, Opelousas, and Barre's Landing were all or most of them in the parish of St. Landry, and under my command, and all of them were visited by troops under my command, and cotton, sugar, and other products of the country taken from them.
In cases of seizure, I detailed regiment to collect the products of the country and guard the train, or directed the commanding officer of a regiment to send a force to do the work. The commanding officer of the regiment named would then make the special detail. I mostly used the Forty-first Massachusetts Regiment for this duty. Lieutenant-Colonel Lorenzo D. Sargent, of Lawrence, Mass., of that regiment, was provost marshal of Opelousas while I was military governor as above, and he had more or less to do with the work. Lieut. Henry S. Adams, of Chicopee, Mass, was adjutant of the Forty-tirst, and through him the details were naturally made. Lieut. Charles B. Stoddard, of Plymouth, Mass., was quartermaster of the Forty-first, and, while we were at Opelousas he was post quartermaster. The quartermaster's sergeant of the Forty-first, J. H. Kingsley, had a great deal to do with the seizures, but I don't know where he is. He had charge of the books. Maj. John F. Vinal, of New Bedford, Mass., was in direct command of the regiment while I was military governor, and while Lieutenant Colonel Sargent was provost marshal. Captains Frederick G. Pope, of Boston, and Edward L. Noyes, then of Lawrence, Mass., now of Boston, both of the Forty-first Regiment, were principally employed in these seizures.
After the forces under my command had collected the products of the country, cotton, sugar, &c., it was carted from Opelousas to Barre's Landing, and from thence