New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-12-29
TIE FULLERTON REVENUE CASE.
JUDGE NELSON yAcATEs HIS ORDER STAYING
PROCEEDINGS IN THE FULLERTON CASE
AFFIDAVIT OF THE DEFENDANT.

JUDGE NELSON yACATRs HIS ORDER STAYING
PROCEEDINGS IN THE FULLERTON CASE
AFFIDAVIT OF TIE DEFENDANT.
Justice Nelson presided in the United States
Circuit Court for the southern District OF NewYork yes
tersy and progress was made In the Of the United
states against william Fullerton. one OF the many
revenue that pending in the Courts Justice
Nelson said This is application on tho part OF the
defendant postpone the trial OF the cause until the
Circuit Judge can cit In the circuit with the District
Judge who il now holding H. the ground that difficult
and Important questions Of law Will arise on the trial 80
that II a division Of opinion should occur between the
Judges the point or points could be certified TO the
suprtme Court. under the act Of April 20, 1902 the
ONLY mode OF sending questions OF law arising on tne ta
the Circuit has heretofore been lew excep
tons TO the trial OF capital cases and even IN those 90
not now recoect an instance when any division OF
opinion occurred on the trial. or certificate OF question
10 Supreme Court Generally speaking the motion
in arrest 81 Judgment, for new trial, which are lib
orally nduged affords sufficient security against errors
certified on motion OF Judgment I'll VIII. AlT,
though IL cannot on the motion for new trial But
where there il difference OF opinion on the motion for
new trial such direction Will be given TO the
Will enable the defendant 10 obtain certificate OF the di
vision under the statute. trial will be granted, and
the cause again submitted the jury In the presence
OF the two Judges, and the question or questions regu
larry certified. This has occurred in very few instances
I'm the Northern and also in tho southern Districts OF
New york and, indeed as far as can remember, IN
existed We think. under these guards and securities
against error tho trial OF the current and ordinary OF
fenses against the laws the contingency or possibility OF
difference OF opinion between the two Judges on tho
trial does not present case that would justify us in In
terierng with the trial OF the In the usual way
conformity To the practice in criminal The tenn
porary rule 10 stay the trial IL therefore set ASIDE and the
cause restored and placed Judge Benedcts calendar
The following Is the affidavit OF Judge Fullerton
which tho order was granted by Judge Nelson Tor stay
OF Proceedings:
Ttc Unite. against w,m Fullerton OF al southern Di,rc.
o. - T1 Fsa'oS % SlsIa n, ~ M os
CAme; ocoao p p T.d JohS + loIsr Gan s,, 4 sss.r
Ad .a ei such statement made a. AFORESAID be advised BY bis sad
eOu,o in the manner and to the eject hereinafter stated That
under .ad sits ard distinct ans, o.
inei, i1yo,d ls sGa,iIu.tioa o
prosrcron these proeeen hs In view Of the facts charged
,Tn. defendant and the circumstances snder which IN. said in
oS should become Ssc.,sary the Opnou OF Suprc@s
CoaIl Of tie thereon that Uudsr The ass OF bs United
stats, there eb,aars .aeh Opaon except esa
s s1. .n % t ss sspa b. ed S's one Of Ss
A.oa,s u,.s ne Supme Cosr Of ts' United s.1t snog
,,s ri s ANY other p. Just % s s md thS even
s bed BY D.tel Judges such Court would si,s
authority @sts ersea,e Of division 4. before mentioned That
qa.,S sr.3, ss' ,s q. s'a. eau Be- tried Oss' ls
SsSsS VI. T ..SS t ss o. I the Indictment
Ss. % aSi . '.S sI aS %. i that '.sn sse
ss l s.s sD r.. 9,s Zee. S ss. IS
said he further that the san'. this defend
t,Ts bses mach d,eset s asn'.psrs city Of Newik
pabhs opsIoa ia fsrsrd thsI.o un,oSs dsponer,
b. p,casl s..Sr. ssssst this ds,u,s, on account o. Ger
nn proceedings WITH which this defendant profession.
aIy connected that in discharge Of what deponenl
conceived 20 be his duty arising Of the professional
had undertaken charges made the
D,tet Attoruev the Soethsn District Of New
York thereof this dep0nent has incurred
hostility Of said District AorusT ard depouen
sGed which be entertAus that the District Attorney
thereby influenced be uncenseensy TO the pTcn
the gatons In which this dspepet has
assumed peo8al character to degree 10
due Of justice public duty
Depot further that the result Of these proceedings
personally Is Of the grsatsst importance that
no and active practice IN hs city and
that during that period for mo
OF TIE tine have brought him prominently
before the hatLs character reputation h aste mere
ofe aael that he has secured the confidence ose
professionally employed and without soheNoh on
honorc by elevation ios hgb JUDICIAL pos
ton these b. ~hose good ~h shd soendsnce
indebted whAsver may have attended ms
lahos veil hiusef and those whose interests
strongly Connected wit his owa to meet and M,poys e
charges ganst hp lie has perfect assurance that he vii
able 90 hmssfom charge which has been made and be
will be t-.lT meet h scclsefs and trial any
s Ad beoTe the null bench Of the Crent
Cont Of this Circuit
la ur, Of ali Of the case be believes to be in
B public es aud the public interest that the
dial Of tn be had before such court aud far
10 believes pubho hls1eA' 'Ah Pusea
h request, h. this regard be Nin@ed WLLiAh FuLLskfos
JossPH GursAN. IT,,
u \ Commissioner Southern District of Nes fork.
The Rlaisdol Eckei ease will come on for trial this
morning ia the United States District Court
la ,ao United states District Court tho Stevenson COT