The New York herald., 1870-03-12
Ex-Secretary Of the Treasury Hugh McCul-
IOch, Ex-Commissioner of Internal
Revenue +. A. Rollins and Ex.
United States District Attorney
Courtney on the Stand.

made az my house; DIR. Blaisdell and Mr.. Belknap
were there at the time.
TESTIMONY OF JOHN q. BROWN.
John G. Brown being sworn Jestlaed as follows
have known Mr.. Fullerton since October, 1857 Ia
Aocument marked exhibit II, shown TO witness);
tnat ~ in Mr.. Fuerton's handwriting.
Cposs-examined by Mr.. Jenks-You are not, be-
neve, on very pleasant terms with Fullerton
Witness (frmly)-I am not, and have no reason
70 be.
Mr.. Pierreront-what caused you to be on very
unpleasant terms with MIR. FullertonS
Mr. Jenks-We object. The rule Is well settled on
the point; we have merely shown that the witness
The Court decided that the witness could only
state what he meant by unpleasant terms with Mr..
Fullerton.
The witness here commenced TO state the cause Of
she unpeasantness, when he was stopped lie
closed by stating that he was hostile TO the defen-
dant
Ex-CoMMIss IoNER ROLLINS ON THE STAND.
Il. A. Rollins then testified that in the month Of
May, lseS, was Commissioners OF Internal revenue;
mad intimate uficlal relations with Hugh McCui-
t0cn, then Secretary or the Treasury.
q. DO you know II William Fullerton was en-
pl0yed as counsel by the Treasury Department IN
May or june 1867
Mr.. Stoughton--Inis question has not been raised
and submit that the witness cannot tell whether he
was employed bl the treasury Department or not.
Judge W Noodran-f0u can ask him If he employed
him or If he nad been employed 10 hls knowledge.
Witpess-l did no. employ him.
Tine following letter was here handed by the de-
fence to Mr.. Pierrepont and put In eyIdence:-
OFFICE INTERNAL RgvENuE
GENTLEMESFrom representations made 70 this Office 1t
appears that In connection with the proceedings agan
Collector Bailey and others, in New York. has
samed that you Were employed @ oy Inc Treasury
impression may have TO that effect no authority
ties in this connection It both the secretary Of
Treasury myself that whatever evidence may be
dneed against any ocer engaged in the collection or the
District Attorney the Department
consideration before It Is presented 70 United States Com
proper that the District Attorney should enter his ap
be unjust such who from their position duties
z s 70 havs sea ana %
Attorney S9qrtnsy ns Very rsspeesuy E A. ROLLINS
O. DO you know II Mr.. Fullerton was employed by
the government In September, 1862 A. believehe
was
ceedings against you, and do you recognize this iet
ter as the handwriting or Ibe eY-Attorney General
William NJ. Evartsl A. Ii may be the handwriting
of the Attorney General.
Mr.. Stouehton here read the letter OF ex-Attorney
General Evaris, which commissioned MIR. Fullerton
on the 17th september, 1865 TO take proceedings
against f. A. Rollins and Others in the courts. with
the aid OF Mr.. BincKey, and 1t was put IN evidence
TESTIMONY OF Ex-sEoRErARY A'cULLoCa.
Hugh McCulloch, examined-In the months OF
June aud July, 1865, | was secretary Of the Trea-
sury; don't remember having had an interview with
Mr.. Rollins about the letter dated July Is. 1868;
did not state to Mr.. Fullerton Inat | mad 40 con-
fdence IN District ATTORNEY Courtney: never used
the language about Mr. Courtney which Mr.. Osborn
tesnfied that Fullerton had attributed TO me- did
not authorize Belknap TO employ special counsel.
that Belknap apDolnTed a specia agent OF Tue
Treasury Department for New YORK; did say did
authorize him To employ counsel Tor the govern
ment; remember that 10 was stated he shond
quire special counsel, and 1 did not authorize hun
q. You say you did not the language attributed
70 you about Mr.. Courtney 4. dld.
never expressed such ideas.
Q What did Mr.. Beiknap say TO you about Mr..
Courtney A. He objected TO bringing cases before
Mr.. Courtney.
THE BiSoKLEY INVESTIGATION
Commissioner Joseph Gutman was tlen exam
tined by Mr.. Pierrepont lie deposed 10 the facts
connected with the Buckley investigation of the
arrest OF smith, which was neld in the Astor House
two years ago ana TO the presence OF Mr.. Fullerton
during progress OF the case and als1 attend
ance OF Mr. Courtney, VINO appeared for the govern-
ment.
In cross e examinarion he said tnat he did nor re-
member W lether Mr. Fullerton came IN the close
Of the Z st .nony or not.
TESTIMONY OF EA-UNITED STATES DISTRICT ATr0R-
EEY COURTNEY
Mr. Samuel G. Courtney testified that he was
United states District Attorney for this district;
when heard that warrant had been secretly
issued Tor the arrest OF eX-Coector Smith went to
Commissioner osporn's ofice, which was located
over mine, and told him that IL contrary to the
practice OF the courts to issue warrants without the
knowledge fthe District Attorney; he replied tnat
he would explain the matter wnen the proper time
came: never saw the bond which was taken IN the
case OF Smith by Commissioner Osborn; heard
about the warrants issued In connection with the
Buckley investigation the smith case from Binck
ley two or three days after his arrival IN this city,
Mr.. BincKley first appeared Tor the government and
he sent for Inc and acted with HIM Tor some time
at the Astor House; the evidence OF Gropp against
Smith was tlken: Mr.. Fullerton came IN before the
case was closed ana examined some OF the viii
nesses. Paper handed to wtness-a letter from Full
lert0h TO witness n answer Co one from the latter
II was dated 29th september. 1868, and 1t reciIed
in substance, that Mr.. Fullerton mad been retained
by Belknap IN the case OF Smith ana that other pro-
ceedings mad been taken against smith and himself,
and Mr.. Courtney might be engaged TO defend HIM,
consulted with Mr. Fullerton about the case.
q what did Mr.. Fullerton say to you ABOUT the
Smith case after his dlschargeY A. After Smith
was discharged the officers came up with other
warrants; came up 10 rearrest him; Mr.. Fullerton
and were slttIng at the table; Mr.. John II. Wnite
made the remark TO me, .'Wnat does 5hls meaD the
rearresb OF Smth?" told him mad learned that
the warrants were out, and that Mr. Smlth must be
rearrested Mr.. White SAID IL was q breach OF good
failn TO arrest Smith; sad, "A breach OF taitn or
whom 7" Mr. White replied, ION the part OF Mr. Fu-
lerton;' up 10 that tine | was very friendly with
Fullerton; had conversation with Fullerton sub
sequent the letter OF the 29tn september; as to
Fudertons having anything against me, up to the
6th OF November my relations with Fullerton were
very friendly; we met each other frequently; Mr..
Fullerton tod me he had known Jacob Dupuy Tor
many years; that he came 1rom orange county, and
was respectable man; lie SAID that III the presence
of President Andrew Johnson.
o. DO you know OF your own knowledge that
Fulerton knew tnat Dupuy was arrested for crime
Mr Stoughton conended tnat the question was
not proper, and tGat the witness should be confined
10 wuht occurred between himself and Fullerton
about the matter.
q Wen what did you say before Fullerton about
A. told the President that Mir Bupuy was no.
torious blacknaier: that ne had been in the Old
Capitol Prison and that ne was a man OF no char
acter s al; IN repy 10 that MIR. Fullerton made the
remark nave stated.
LETTER FROM FULLERTON TO BLAIspEtL
IA letter from Fullerton 10 Baisdel then In prison
dated May 5, 1869, informed him that ne would
never let The matter rest tl the President should
pardon ann. lie ADDED that 'tne desliish persecu.
tion against him. Fulleftonl mad deprived hin OF
tnc influence he would otherwise have used for
Balsdell, puG that when he got over his troubles he
would see to Balsdeli.l
TESTIMONY or JOHN H. WHITE
Mr.. White was sworn aud examined. lie SAID he
had acted as counsel Tor MR. Smith during the Blncs-
hey investigation, ana mad spoken about tile addt
uonal warrants against smith breach of ialtll;
Mr. Fullerton, III reply, said he mad nothing TO do
witb the matter, except a. counsel and that he old
not consider himself retained for the prosecuti0n
Mr.. Burnett aud Thomas y. Harland were next
examined III reation 10 the dates OF the papers OF
beikuap
TESTIMONY 0F NORMAN 4. FINDLAy.
Nopfnan NJ. fIndAy was next called aud e~a-
mlned--hau been IN the Disabling business; knew
Mr.. Courtney; knew Ir. Fullerton some time IN No