The New York herald., 1869-01-26

casef Counsel says that then Mr. Fuller
ton came into the case at tho request or the
ho Ulerton) was employed 70 ferret out these reve
nue. frauds and 70 bring TO justice these criminals.
He tells US that Fullerton Is indicted in the other
Court OF very serious offence. lie may want, he
does not say he wants. but that he may want. or that
MAJ be nece.sary on the trial OF his case 20 have
the evidence Of Biaiadell ana McLarcn. But want,
yonr Honor before Mr.. Fullerton asks his request,
the postponement OF the sentence hereto nut ia
shape, whether or not he realty wants Biaisae and
McLaren and the rest OF these thieves In his defence
on tue Indictment under which ne Is to be tried.
misunderstood, or that these men shall be kept cut
Of the state Prison moment longer than may be
necessary q meet tie requirement or the Law and OF
justice. Counsel says thai Mr. Fullerton then cams
into the casc and what does he first DO In fcrreting
out these fraudsf Mr.. Fullerton knew that on the
llth day OF July. 1868, BaIsdell ana Beiknsn ani
rested aud committed for unla avfui, corrupt and
deliberate perjury and for subornai0n OF perjury in
s very %ar , against one O ths revenue me
because he was associate counsel In the
case when 1t was under examination before
the charge made against the Collector on the oahs
OF these men was false iu every respect an III every
e aac A% na ys ~ we s sss ana ycr cry MI @
goes to work uils.cr some assumed or pretended
power and authority into association and connection
with thcse branded pcrjulcrS, with these WlsKcy
thicveSwith, say, these pcIjure.s ana ie,ons---or
the purpose OF ondeavorng, as counsel Informs rs,
to ferret out further frauds againat tas
or d.slntercsted parrots we lave here, Wnat IS the
next phase OF tbs deiectable comDInationi Duraz,
OF their confrsrrs one o. the most intimate Gsso
GATES aud Agents OK tlls distinguished legal firm
goes seio,c yAsea States connissionss ang makes
in every particular and which was manufactured
solely for the purpose ofobtalnlnx money and black
asE SoE f9Gx IRE q 2s-y sg sed SffS Am uSoa s yss 9s
uQn liir.. Tullcrionl who. is so anxious to fer.
ret out frauds committed on the revenue and
to bring TO punishment tae guilty officials and
the commissioner. and the commissioner tlereupnn
ISSUES his warrant. What follows? Ihat warrant
without any deputation on it whatever, is snrrep
titlously taken from tile O1ice or the commissioner
by Fullerton and given by him into the haads OF his
tools and bis toadics Tor the seeming purpose OF nav
to execute that warrant; and It was eot
out merely for the purpose OF b.ackmaiIing
es on sS frs r sass oa ouS g rooa epoasa
secrecy oa the Commissioner, requesting him not 70
say anything to ANYBODY tina. such Q warrant had
Unitcd states District Attorney or the Marshal OF
the issning or any such process. TO make long
and then bacNmaifcd to the tnne Of s20,ooo, and
then told to hasten OF 20 Canada, while the proner
officers were never informed OF the ISSUANCE oi s1cl
d warrant Thls IL the nan 'vho Is SO deeply inter.
ested In the protection OF ths regenne
We are told tnat these nea, the usecall1ts, have
furnished important tastinony:o the goyernmelt--
II Mr. Fullerton be the Government they may have
Tor flier own common ends but that single syl3
bic OF testimony bas been ,araihcd by them to the
U Flli SCI OF 10 lie govern
ment EXCEPT what has beea duly acteo on iG3uy.
fhcy are taking about The real prJp.ietols CT The
dstiI!eiy II June 1858, but snrs these gcalemel,
gpspt skeapsTg ana 'Gi. e:altaf5s detected q
sonpllclts Id ,nese frauds win ,..., slasaeii
as quickly as we ret through in the other c01ct
the ttla Of the le1al gentleman whose tlial coa.s
on to-day. Counsel also stated taa. the Attorney
he also a-qu.eSced IN tho statement that these de-
fendants mad been promised The protestloh OF the
,:oye.nmsnt ana nat sy sloaia nst .s, ne t,sa
presented 10 the Court RON the Attorney Gene-
raj in which I was requested, for certain punlci
considerations, not to proceed with she trial
Mt that time consequently did no. then proceed.
The Attorney General having given the matter all
S4essd ~ nm TO n nroea as a oca w the m
the Indictment against these defenl,ns. Aai yOT
Honor VIII reco'lect hoy my enorts to proceed
were thwarted by the applications OF counsel Tor
post9onement In the case 10 come on In the other
court have been also directed by the Attorney
General to proceed without dclay aol according 70
law In tile discharge OF nv duties in regard g It.
Mr.. Knox rcpliei, but before he had Concluded the
Court interposed.
Jadg: Blafchfcrd then procaeiel to address coun
sci ON the application for postponement OF the SEN
Ihave listened to everything that could be said BY
counsel on either side with re4arl TO this matter, ana
0 very great deal has been said tat ina no rclevan
cy whatever to the question before the court bnt
has merely had reference ~ matters IN restrl -
which very great dsuree o. feeliny nas been ,nani
court had nothing whatever 10 do. Ihc c0nsldera-
lions which have been pcssentcd by the counsel for
the defence take upon his statement as fully, 20 cl
intepts and purposes, II they had been presented
by him on solemn ailloavt. And 4 viii as
sn uey rsaa Re tnr,a parss I Win whom they sy
have communicated, have promised protection or
pardon or Whatever else t nay bo 70 these n!cn 70
4c fullest extent But that Is u matter with whsch
this court has nothing whatever 70 do. ANY pronllse
or pledge made uy The President or the Attorney
General Il, that regard VIII be undoubtedly redeemed.
"a for Of inc
to exercise the power Of PARDON. either inicpcpd-
entity or 10 CONSEQUENCE OF previous assurance .
that erect II the government, IL lis wtdcw acting
through the President or the Attorney GeDeTai
thought that there were considerations why these
they had the power at any time TO aieyeat the prose
cution By directing the District Attorney not 20
prosecute me couri can only have ts coinInarlea-
ment through the District Attorney rs the recognized
officer OF tiic court and OF the government. when
ernmont cannot prosecute IN Irs court. The court
knows nothing OF the governments, except through
the propei oiicer consitutedby warrant: And II, IN
has used As Witness Ia tic case, OF iAstlMony
that has been presented ia violation OF any rrevlos
pledge, ana , wh,sa would Would ennae % then 70 execsye
by the executive department Of tLs government
alone, but Win which the Court has nofnins what
The sentence en- Z Of The law law sccoag co e cs q
developed on this trial. One 81 the gteat features of
onr systsm q goyeranrnt y re enaro separation o.
OF the goycrn'1ent-rot merely an Independent
lnd.cFry, rus complete separation ol tho jldiclai
funttirn fron the executive JUNCTION Aud ~ cali
or the Ccur. to De innlenced In any way 10 redeem
or " peffom or to iuld tnc pledges OF the executive
department OF the government is 10 uo.aft entirely
from tile sound and wise practices OF our system OF
government, aD there s, in fact propfssy N tue
Court listening 10 any SUCH Suggestion. Wii now
pass the sentence OF the law upon me prisoners.
The C0urt-lIct the prisoners stand up.
The three prisoners were then brought m 'front.' Of
the bench At this moment tho deepest silence pre-
vailed-not even whisper. scarcely breath, To he
heard til tie learned Judge nad concluded.
THE JUDGES ADDRESS 10 THE pRlSvEERs--.UpQ-
MENr or TIM COUBr
Alva Biaisdeli and J. =. Fckel-You have been con.
vicied. alter very fnr and thorough and, M the
coarG thinks, isr tria " an impartial Jury s.te
by your counsel Nv an examination before they were
cfnpanellcd, ana testsmo ~ which the Jury regards
perfectly conclusive OF the oifence WITH which
you are charged. oil have becn convicted, csch OF
you upon three counts three distinct offences OF re-
movinu distilled spirits fr0E the place whero Il was
distilled to other than bonded warehouse ss pro-
vilcd by law. You have also. eac, OF you, been
convicted OF three distinct offences, In aidmg Mo
abet'ing In the removal OF Distilled spirits from
dslillery 70 place other Tran bonded whiskey as
nrpvidQd tX law. There arc circumstances. oa An.