The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-11-13

were reserved as proper subjects satisfy the de-
mands justice. But the attorney one OF these four
poor victims in hunting up the case stumbled upon
several suspicious circumstances, and at length
had an interview with one Of the two released
rich men. He inquired Of the rich man how
it was his case had not been prosecutcdi
4, "0h," said the rich man, ~ have had my
case hushed up for consideration or words
Of the seule meaning. e attorney asked for an
explanation, and the rich man explained about the
| payment OF $1,000. The attorney thercupon went
| In search OF the indictment aeaIfst the two rich
men, but could no: ind It. II was net 10 be iouha
filed away in the right pigeon hole, but amer con.
| siderable search was exhumed from the records o'
some years previous. On asking why this was uohc
the District Attorneys clerk explained that ne had
been ordered to Ole it away in that uanner by MS
superior
The second principal charge is one OF permitting
the removal fron distlery In period OF time COW
ering about three months OF quantity OF uhiskcy,
the tax on which amounted to about s360,Ccc. the
operation was discovered by government objective,
who kept an exact memorandum OF evevy barrel
removed, when it was taken, and where, and the
names OF the truckmen who conveyed II to the
Harlem Railroad depot The detective and inforlAer
having watched the operations during the Whole
period at length thought 1t time to "blow the busL
ness and therefore went to the District Attorney AMI
exhibited his memorandum. The prosecuting officer OK
the government, IL Ia alleged, though am not sure
whether regarding this some other case, said to
the informer:-'why do you NEEDLE with those
peoplep You had better not mcddle with them at
all, !" or words to that effect
The thlrd principal charge is one which men
toned in my dispatches yesterday, being the case Of
5000 check said to have been given to Mr. Courtney
on condition OF releasing distiery that had been
seized. The specific charge is that Mr.. Courtney was
first handed check payable to his order which he
refused to receive, but that afterwards receiving
a check payable to bearer he brushed 1t into his
drawer and the next day the dstilery was released
Mr.. Ccurtncy's Defence.
These embrace some OF the leading charges, and
to them Mr.. Courtney made lengthy and claborote
defence. lie devoted much OF his defence 70 abus-
ing Fullerton and other gentlemen participating in
the prosecution. He said the garrets md cellars
had been ransacxed to hunt UP charges against him
and his brother officials; the vcst offenders were
the leading accusers brought up to blacken his
reputation ana the good OF his associates. The
whole thing miserable conspiracy contrived to
harass and impede him In the discharge OF is duty.
Now at the very moment he was ready to enter upon
the prosecution Of offenders agalns. the law these
charges were trumped up In order to shield and pro-
tect the real guilty parties Mr. Courtney then pro-
ceeded to answer each Of tic charges What was
his line OF defence in regard to the $1,000 check
/ have not succeeded In learning; but M TO the
second principal charge he declared that the inform
er's story was entire fabrication so far as he
Courtney concerned. He had never seen the
memorandum sworn to by the informer at all.
In regard to the $500 check he said that ho did
remember something OF an occurrence of the kind.
1t was altogether regular business proceeding. He
had performed some legitimate professional service
for the party referred to- and lie remembered about
I'm I'm
the regular course of business and that was all that
was In it.
judge FuIlerton's Reply to Mr.. Courtney.
Mr.. Fullerton made an equally lengthy and q very
powerful reply to this defence lie said lie had
been solicited by the President to undertake tho
| prosecution OF these stupendous whiskey frauds.
lie assumed the task very reluctantly, and, as the
President himself knew only after repeated rcqueats
to do 80. He had left his private practice to
| ferret out these frauds and to bring 10 justice
the great Offenders rs wei rs the small
As TO the charge that he had trumped VI
charges against the official offenders at time whoT
the District Attorney was about to launch into al
earnest prosecution OF the criminals his only
| answer was that IL was the President himself who
had selected both the time and the mode, 0nd that
charge, therefore, II 1t amounted TO anything. was
| directed against the President himself, and not
against him (Fulerton). 1t had been charged that
|
New York TO track the guilt Of the District Attor-
ney. HIS reply TO that was that he should never
dream OF searching in churches aud holy
| places for the traces Of the iniquity OF the
| whiskey offenders. He sought help where he
| could find IL. He looked for crime IN ts customary
hannis. not where II least likely to be encoun-
tered However the could not be disposed OF in
this trining way. The President had employed him
to ind evidence OF fraud, and that duty he had dis
! charged. II remained for the executive 10
decide what should be done. II was for
| the President to say whether or not the
] main prop Of the vast fabric OF Official fraud
that had been erected around our internal revenue
operations should be pulled ou whether II should
remain standing. II was for the President to an
nounce whether the Treasury should be robbed
OF hundreds OF millions yearly or whether
! Il should hereafter he protected from the az
saults Of the hordes OF public robbers and
| plunderers by tho removal OF dishonest officials
and the appointment OF men Of sterling Integrity.
OF course an ccpsed party would cry mot guilty ~
| Il would lie unnatural to expect otherwise. Mr..
! Courtney was no exception. He could not be eN-
peced to confess his sins and thus condemn him.
self. But his defence was most weak and inpotent.
Mr. Fullerton here referred TO all the points made
by hts opponent. As to the 900 check, which Court.
ney had represented IA having been received In the
ordinary OF business, IL was very singular
and suspicious circumstance that the seized dstil-
lery should have been released the very day after the
| payment OF that check.
In giving this sketch of the arguments Of Fuller
ton and Courtney and also OF the charges, do not
pretend 20 be exact, but believe II will be found
| substantially correct.
| The Charges Against Marshal Murray.
Tue specific charge against Murray Is that OF run
ming Fifty-fourth street dstillery which had been
seized, and pocketng the pronts. Tie IS charged
| with making pretended effort TO arrest tho guilty
parties and OF letting the chief offender besides him,
one Martin, escape, though he could easily have
apprehendcd him.
The MTarsllrl,s Defence.
Murray's answer TO this is that tho keeper Martin,
whom he had appointed to watch the dlatlers,
proved dishonest, and without his Murray's know.