The New York herald., 1869-01-26


The United States u.s. Atuah B,atsdeH, ,. y Ecksi
ana Joha AcLaren-This long and ably tried
case was brought to finale yesterday morn
ting by the sentence OF the Court on each
OF the prisoners. The court room was dcnsely
crowded, and for some time before Judge
Blatchford took his seat on tbs bench there was
neither sitting nor Standing room without or within
the bar-the press OF spectators encroaching upon
limits ordinarily kept clear from occupation by out
siders.
NOTION ron THE PASSING OF TIE JUDGMENT OF THE
'sE.~,.- COURT.
The United States DistrIcS Attorney (Mr. Courtney
moved tile Judgment OF the Court on the prisoners.
MOTION TO POSTPONE JUDGMENT
Mr. Knox, associate counsel for the defence,
moved that the Court delay, Judgment for the rea-
sons he would now submit. After briefly reviewing
the circumstances under which the defendants were
indicted hc submitted that the pledge OF the govern.
ment had been given to the defendants that they
would not be prosecuted for the offence Of which
they Lad been guilty, In consideration OF the very
important evidence they had given to the gov.
!Crnmept touching extensive revenue frauds which
had come within thclr knowledge Mr.. VIII
liam Fullerton had been employed By the
President or the United States to Investigate the
charges Of fraud the revenue that mad been repre-
Eclted to the government as existing 10 this city,
He had i8ceyet from the Presi1ant pQYer 10 grant
protection to such persons as should eid atm in the
Investigations he had been directed to institute. Such
powers as he tsir Tullerion) was invested with had
heen the subject Of conversation between himself
(air. Fulertop) and the Attorney General. The
result ot that conversation had led him 10
believe that tl,e Attorney General was disposed
upon HIM by that official that had been prev ously
conferred ulon hin b. the President Mr.. Fullerton
by the government TO hold out to persons oaering
inormaaon Tith rsgard to these revenue frauds tho
Belknap, ana had become aware or the fact that
Ncaren papay and and others @ assaaces Of the Ias pra
lection Of the gorerplnent 4 they would join with
@ eors s s0'S vas n as saa asS' at ne h tine u 'aS as
expose those frauds. After these assurances
ws ssn s. tas ys g put
the IRREGULARITIES practsed in this Blalsde ,siincry
cad the government was thus advised by the sely
disclosures mace by those men pf tue connection be-
tween me rectiylig nqaSe ail the dislsliery ana os
tie ct q the renoyai IN May Of large qua6iiies %
walskey, the method end means. BY Which 1t was
accaarl shed, eua also Of the TACT OF the bribery
q sr ri 0S w ss ai a q s eSsT, p a5s " Sa pS9Rsrg y
Ilse a complete ind perfect case against the
yartles WHO were then unier examination before
~ Commissioner Gsoorn The goyern.le1. having
and myself had an in:eiylew WITH District Attorney
Couisney, and We had advised that otliceT oi The
we iurnlshed hun win the Mares Of the Witnesses
pncng whom was t.e aelendant, Mci4aren, and Des-
y
eminent IN tls prosecution: lases, who has bcsu
recently intiicted, ana OF aoses pupuy, who tDu-
pnyl, for the very matter about which he had made
disclosures. has been INDICTED, tried and convicted
our Honor VIII see irom tins outline OF facts
What propose TO snow ia the shape OF furnished
statement; for as regards the disclosures OF Ba IS
GEL II is hot advisable that | should make openly
known th. nalarcsol these disclosures; euce IL 70
Of Of tic thc system q frauds On Sn the revenue rev With
which the Whole country is now pretty familiar
These men thought taey were secure on the
Ileige ot the government, that they should be pro-
tectei, and they opened their hearts Doti 60
MAJOR Belknap anl 20 Mr.. Fullerton. There never
were more solcmn assurances given to men, u my
own knowledge, ana ani confident whea your
Honor lis In fuli POSSESSION Of all the facts aud cir
cumsances surrounding the acts OF these men
what thcT have done and what they have suffered
yen wt admit that they entitled the approba
ton instead OF tue pc secuton aud condemnation Of
tho government IL Is from these facts and circum-
stances that dssirc 10 lay before your Honor the
rworn statements OF parties who are conversant
with all these facts and proofs.
Tiefe are besides other considerations might sub
NIT 20 Your Honor in regard TO delaying sentence.
The war iaatitutcd by the newspapers against these
M. Dupuy aod WiIidust are under indictment in the
In,eed States Circuit court their trial has been set
w ao as @ ii @y OF KAT ss cs
f is iioTe tlnn likely that DR.. Baisde and Mefaren
viii be ecessary witnesses for the defence and that
tue defcnce would Ike 20 them In court during
that trial. Not only thar, but very naturally they
would Ike TO have them free from the impuiatlon OF
tie nsDce of I'll, court For thus reason also,
nss that that sentence be DELAYED I'LL the latter end
OF the Term: iorlos yoar Honor, 70 allude 70 the
defendant Ecke. Hts position is this: that while he
had no. made any statement at length with regard
TO the matters about whlca this inquiry was beilg
mon sosh Nr fullerton ana IN Major or Ge,snap sSsia
hai been gwen 10 understand BY Elaisleil
that whenever the occasion required 1t he (EcseN
would be III readiness g. make disclosures vita re-
apoct 70 everything ne knew with regard to these
revenue frauds. Circumstances had transDred that
sat asiie the necessity "a tcsei giving inicrIlaton
on this subject ana therefore he had not been
tue start that MS disclosures wien tue time came
Tor hln, 70 make theAi would DC very material and
psrtie, who had bsnc6ted Jy these frauds.
TIE DisIisicf ArfoEssY orPosfs THE APPLICATION
49, FOR pEs.AY IN TIrs SENTENCE
Mr.. Coui tEey rising 10 oppose, sad May II please
y00I Honor, tnlS ~ tue most remarkable application.
lnd made n the most ieliatxable way. tnat was
ever Addressed 10 the discretion OF court OF nstlce.
lie says that these criminals, who have been con-
.icted by this Court On the most astounding ey1-
doace should Aago their sentenced postponed, for
VITA the Secretary Of tos TreasarT te,c men. Plas
Gerstood ne asYs-rais coTisin disciosurSa. Which
procured for tuen the on OF the governments
s, shr. knox-i siaa promised through Major Bel
NJ. ooartney-iaSe /. either way, they arc al
tarIeo with lhc same stick Now Il your Honor
have the right 20 say that such statement waA
ever made BY him. And make this statement be-
Treasury believed ani had The hight 10 believe that
Of ~ sne great swindlers and defrauders OF The In
ternA elenhc 81 the United states Tor tho last TWO
years and na,s these men, Ba;sdeli and scke werc
lie rrlnc,pals. This wiz not do IL VIII not do TO
aoas nae on 'r clpe Sea o some %
taing that counsel understood he'd taken place.
] want sne gentleman who makes this state
nient TO put t Into such a shape that the Court
ana the community can understand whether o. not
the secretary ol the Treasury made any sach agree.
nlent or entered iato any such stipulation or CON-
bilatiol with these men.
II your Honor Please, when waa this alleged CON-
buaton made unaer which these crlaiinais ask .or
postionnineAt OF ne sentence oI INC law which
your Honor WIZ rass upon them nj the proper
tlneg This indictment found one year
apo FOR The same offence committed IN
November last an indictments was also
found against them for the November run,
on which theg defrauied tile government n. proved
The trial on that nssI inictment your Honor recoi-
lecs was postponed TO he April and then again 10
tue June term. In the meantime the disglerv
opened again, ard acontlnuaion OF these frauds whs
had and again uetecicd aud when the Graud Jury
next met they added other counts 10 the old indct-
meat against two Of the delondants, Blaisdell and
lssla yxtfn In A.ssI .st.dA