The New York herald., 1870-03-11
THE FULLERTON CASE.
Testimony or Daniel G. Birdsall and DIR.
Alvin Notwithstanding
Developments.

room was crowded and the greatest interest in the
PROCEEDINGS manifested the prevailing feeling beng
all in favor OF the accused, as evidenced in The
applause that more than once expressed gratiica
lion at some point brought out favorable 10 hk
cause
TESTIMONY OF DANIEL. c. BIRDsALL.
Daniel C. Blrdsail, being sworn, testified as fol-
lows:-liaye been lawyer since 1896; remember
Smiths first arrest; saw hlm i'll charge OF Wndust
inside the hall OF this building UNITED states Court
Bnldlngs,; Smith told me ne was under arrest anu
asked me 'for Gods sake' 10 hep nlm; told him !
wo,id If could; Mr. Guck was present: Belknap
was present; Fullerton came IN shortly afterwards;
MI. Dyott, | think, was also present; was taking
with Beiknap ana number or persons surrounded
us, and sald we had better go 10 my Office and we
went there; smith and iny sell walked toHeter Bel
knap and Wndust following us; MI. smith was very
nervous and excited; Mr.. Beknap was under the
influence OF liquor; on getting TO the once went
INTO my private room win smith; saw MIR. Fuller
ton sitting at a. desk N an adjoining room;
BeI1nap were In the room with Mr.. Fuller
ton Gulick came IN 70 see me some times, anu
Fullerton was; letter was brought 10 me bY
Guiick from Mr. Fullerton, ana read II; then
went and spoke 10 AIR. Fullerton, and when re-
tnrned to my private once iogQd Smith reading
tie letter. IIhs letter was puBhshed In the pro-
ceedings OF the previous dayl know OF the propo-
sItlon made to Belknap; made IL the
where Mir. Fullerton was sitting; Quick, Beiknap
and myself were standing talking togetner wltnin
ten feet or Fullerton, and he could have heard what
SAID II he mad been listening; the letter from Mr.
Fullerton IN 10 me about ten minutes after TINS
Mr. Quick or myself made the proposition TO Mr.
Belknap; cannot say tnaL Mr.. Fullerton was PAYING
any attention the conversations; the proposition
was that smith shoG place IN my hands tne sum
oil $4,000 IN money ana Washington and georgia
connsei m nv discretion to settle and adjust the
matter for which Mr.. Smith was then under arrest.
q. Was tnat proposition made after the letter was
written 10y Fuertonf A. Yes, about ten minutes
alter
O. was anything SAID alter this where Smith was
10 go In the meantmeY objected TO-
q. After the acceptance of this proposition did
you say anything 10 Mr. Fnliertonf A. Yes; asked
him TO 70 10 MIR 0sDorns house ana have bond
prepared Tor Smith, and 10 have IL ready when we
got there, and to state that Nj. Quick would go on
the bond; he SAID he would 20; a. the previous con-
versatlon Ii was settled that we three-Smtn, GuIcx
and myself-shoud go 10 Smiths house; Mr.. Smilh
SAID tnaL there were grounds and no reason ior
ms arrest but that would rather pay any reason
able amount OF money than have the scandal ana
publicity ola public examination; then proceeded
10 Smiths house: we went from there 10 Mr. Os-
born's house. and there saw Mr. osborn ana MI
@. state whether Mr. Fullerton became aware that
Say OF your having received the money ana securi
Ties. Objected 70.
Fuilertons presence on that day about your receipt
of sais money and securities! A. Not to my know
ledge.
q. Did anything take place between you and Full
letton IN relation TO TINS money and securitiesy A.
something said IN relation 10 the subject on
the Tuesday OF the following week; told him that
had $40 600 in my hands TO settle The Smith matter;
he said that matter could rest for few days, tnat
some other matter they were then engaged In must
first attended to; told Mr. Fullerton and Mr.,
Eeiknap tnat smith was anxious to get home told
nlnl | had received letter from smith from the
Clifton House, Canada; that was on the same day
had the conversation with MN about settling up the
matter.
O. What took place between You and Fullerton on
the 10Th June, tnree days after you had this con-
yersaton with him Objected 10.
O. What took place between you and Fulierto II
Friday, tho 18th OF JuneY a. ON that day was In
70 loan him 81 ooo drew out d check and flled It
Tor 81, 900 and handed 1t to hlm. CHECK read and
put IN evidence On the 2Sd of June was again In
a1r lulia aVn me
could loan HIM $1,000; said yes and gave him a
check for that amount; on June Is Mr.. Fullerton,
think came my house or met HIM III his build
ing, and he asked me TO loan him So, 900; again
ned out a check Tor $4,000; this money drew my
handing Mr.. Fullerton $1,000. (Cneck put In evi
dence,) On the 7th ol July loaned him S., 900,
o. State what conversation you had with Mr.. Full
lerJon. a. On the sd june Mr.. Fullerton told me
that Guck had informed hm that Smith could make
some developments Of revenue frauds that would
strike at parties high in authority ana ne asked me
n thought that so: told him that Quick nau
q better chance OF knowing the TACT tnan l, and If
GuIick had told him so 1t was IN all probability cor
Tect he then SAID II u was so 1t would be the means
OF exonerating Smith, and ne wished that should
send for MIN 10 come home, SO mat ne might nave
Talk with him about ~; Mr. Fullerton then pledged
himself that II Mr.. Smith returned he should not be
arrested, moesed or troubled IN any way; then
teegraphed TO Clifton, Canada, ior smith TO come
home. and he returned the next day, the 24th; on
the following informed Fnerion Of his return,
aud ne then made an appointment with me to meet
smith that same evening az my house; Mr.. Fullerton
came and smith came with Quick; Fullerton and
smith retired to The paror, and remained alone
together for about tnree-quarters oil an hour.
A MORTGAGE GUARANTEE.
"a paper handed 70 witness, which purp0rted to
be guarantee)Ihe writing here Is by me; IL was
written In Fullerton's Offices
O. state the circumstances under which it was
written far IL relates To Fuilerlons parucpa-
ton. A. Mr.. Fullerton came to me and said he
wanted to have the money matters between fixed
up, and he asked me to go to his Office and get a
bond aud mortgage; then went TO his oIilce, ana
lie mate Up the amounts he received rrom me and
Interest thereon deducting $1,000 tlat ne let BIAS
after making up the accounts he handed me TINS
assignment, pond and mortgage, and he took from
me due bill for The balance due him.
q. state what passed between you and Mr.. Fuller
ton with regard TO this $1,000 paid TO Biasdei. A.
Had conversation with Fullerton on the subject;
there was a telegram relating TO IL.
Telegram put IN evidence:
Shall advance the Doctor the money the mortgagey
lSwer at once. W. r.
think BEST by getting all the securities he har
@. Was anything said between you and Smith
about money that you communicated TO tullertonl
A. Some time october said 30 Fullerton must
have some money, az smith was urging me Tor a
settlement, ana he said II brought nlm the bond
and mortgage the next day we would nave SETTLE
lnent; on the next day Drought nm me bond and
mortgage, and he gave me cneck for 81 900 and this
receipt.
Receipt put in aud read, as follows:-
and mortgage for Sssooe 70 na by o. S"1
A'' having advanced ''er'0n w WiIxS I FULLERTON
This receipt is In Mr. Fuerton's writing.
q. What did you do with the $1,000 that Mr.. Full.
ierton gave youy a. ON The 10Th OF October gave
Smith So 900 out OF the money he deposited with me
FOR the settlement OF the matter growing out OK the
arrest.
eross-examlnatlon by Mr.. Stoughton--Was the
money loaned 10y you to MIR. Fullerton upon any
understanding or had any relation to the moneys
which you had OF Smith I?
Wltness-There never was any conversation or lln-
Outstanding between Mr.. Fullerton and myself IN
relation 10 the disposition Of any money received
from Mr. Smith.
Suppressed applause.
ALvAH BIAiSDEiL CALLED Az A WITNESS.
The next witness called was Alvah BlaIsdelt
MI. Stoughton objected To Blalsdel as witness he
being disqualified 10 give evidence according 10 the
statute as he IS at The present time serving out
sentence IN sing sing, aud quoted al considerable
length ine authorities III support OF his AFFECTION.
Objection oyerrtlled
Alvah Baisdell was then sworn and eyamiued
by MD. IraCey-knew Alfred Belknap first IN 1858;
Has paFtner OF distilleiy III 1865; that dsillery
vas seized by Beknap on the 10th Nav, 1865: 0 few
days afterwards saw Belknap and talked to him
about the seizure; lie referred me To Mr. Fullerton
on the supject he gave me note 80 MIN; had cop-
yefsaflon with SIR. Fullerton with reference Jpe