The New York herald., 1870-03-16
THE FULLERTON CASE.
Close Of the Case for the Prose-
cutiOn.
Ruling Of the Court a. TO the Date at Which
Evidence Of Co-Conspiracy Must be Ruled
0ut-No Formal Opening Made-The
Testimony for the Defence.

SsoS
William Fullerton was resumed yesterday, beng
the eighth day. before Judges woodruff and Blatch-
ford. In the Circuit Court There was no diminution
In the numbers present during all the previous days
OF the trial. nor any abatement in the interest mani
tested throughout the proceedings. The govern ment
yesterday exhausted the evidence for the prosecu-
ton and the defence was entered upon. No formal
opening OF the case for the defence was made though
counsel expressed surprise that the prosecution
supposed there was anything in the evidence sub
mitted against the defendant to send It to Jury.
The admirable arrangements and the ample accom-
modatlon provided by Mr.. Hamilton Keefe, the crier
OF the court for the crowd that inside and outside
the bar, nave besieged the court room nxious TO
witness the proceedings, have been the subject OF
special and commendable remark. Now that the
defence has been partly entered upon there Is little
doubt but the interest felt the result OF this cause
cele6re will increase till the result is definitely
known.
CONTINUATION OF THE TESTIMONY FOR THE PROSE
CUTIoN CONTINUED.
Daniel G. Birdsall first witness yesterday, re-
cailed-To questions put by Mi. Pierrepont he tes-
titled that he had given s. 200 in all to Beknap and
Blasdell, OF which $4,000 was Tor samuel Ward, OF
washington, winch was given To hx up the case OF
Smith, wrote TO In0mas Il. Smith about the case
the l4th day OF June, 1863 and received an answer
oaied June 10, from Smith, through Mr.. Quick. The
letter. which was as follows was reaa and onered IN
evidence, but was ruled out:-
MY DEAR SIR i trust you viii my counsel and you
money placed your hands as counsel fees in such
we yaa %sy Sss% 20 and ~ and M r.
Belknap told witness previously that the case
could be settled; tnat It would be unnecessary for
him tMr. Birdsall) TO go to washington, az was first
suggested and determined upon. Belknap ut the
same time remarkng that he had seen sam Ward
ana that he had agreed to settle up the whole busi-
Ra "a n hQn U TIM Vsrat
ness letter leaving the case MS hands hs coun
sci; Belknap told him subsequently to settle up the
ever amount he should ask; Belknap subsequently
told witness that he would require 2,001 for Sam
Wards action in the matter.
z. What, II anything, did Be!knap say about get
ting Blaisdell out OF PRISON. A. he said II was Inn
portant to get Baisdeil out as If he was held
Blaisdel had proposed to give witness a chattei
mortgage on his drug store Ia Third avenue for the
81, 500 he received.
COLONEL TAPLEY STILL TO I'LL TO APPEAR
AT TINS stage OF the proceedings Dr. Denham, At
tending Iapey-the detecuve Inspector, who was
was TO have been recalled Yesterday but was too III
TO attend-was called and deposed that Mr., Tapley
was still too I'll TO attend, and would probably not
be IN condition TO give any further testimony dur
Ing the trial.
Mr. BIRDsALL oss.RxAMrNED.
1885; was NOS 1Sen acauainted " Wrtp Mr.. Puerron: m
had known him but slightly up 70 June, 1888
although their previous relations mad always been
friendly.
Witness then, IN answer to questions OF counsel
detailed hs transactions with Judge Fullerton tD
money made thereon, which came out on the pre-
vlOus examination.
In relation 70 the value Of the $4,000 worth OF
Georgetown and Alexandria stock handed 70 him by
Smith on tue day OF the arrest or the latter witness
said that the stocks were worthless At the time he
got them.
LETTER FROM FULLERTON TO BIEDsALI.
Mr.. Jenckes here handed the Witness o letter writ
ten TO nim by Judge Fullerton IN relation TO the
m ~ q md NJ tnl-
lows
MS. No II PINE STREET, Aus: = isss. :.
dd not reach YOU ought % have an in,srncw with
Albany some business and hope you Du
ray raiisx as.,n. ysdi violent and aer,eas man
.sanst you. Il bshooves you Iook nc matter
some ao.:y whisS s.,. ssa ssss. sxr..a- MN
who WIN pursue hun e. 1shs.t pre.sI BAILEY
Btn.p indirectly upon - mus. care for his
the story thai smith h.. made an andav. IN rsspec. 10
IN y v Dr
said have put The question sQu.rsy 70 Bexnsp wbesher
a'S s W. =
III. truth Z S ss yoa
70 tell me when we meet Do not keep ANYTHING back, for
@
S & iss s :4S saDsn % y
person not United States oaicsr and then following up
serious trouble # his enemies get hold Of lie iacs Without
anything wrong. which / hope there is NOT but very
M's mo and tx upon meeting Are yqp no; coming
u. O. BIRDsALL, Esa.
witness, In reply TO counsel, said that he remem-
bered having received q letter OF that purport from
SAM WARD HAD THE EAR or THE JOHNSON ADMIN
ISrRATION
Mr. JenckeS then offered the following letter from
Mr.. Fullerton " Mr.. Birdsa in evidence which was
read
DEAR has Just been in my ONCE and appears
Situated 70 pi.n twGish you WIN exe.e expresses
matter with The err. ,I but bag he money IN
share his belief hn for have no doubt yoa viii DO as
you agreed MY only object informing thus particu
ing you . 80 % 4shlnsson without delay =.
Beiknap has impressed Samuel Wara with his notions
's ffs
know him IN give letter TO him, and he may render
you % h, yoS s win his
Gentlemen are e very VERY ANXIOUS TO learn the disposition Of The
b. 9. BiIpsALi WILLIAM FULLERTON.
Ing matters between you ana him secret from Mr..
Fullerton A. remember tnat he did or
Two occasions; he told me at those times not 70 let
Fullerton know what passed between us.
z. What passed between y0u and Mr.. Fullerton as
to money matters shorty after the indlcl was
found2 A. Mr.. Fullerton had agreed TO meet Mr.
lerton then said that his counsel, Mr.. Chares
OConor, mad advised him 10 iet all the money mat
ters remain as they were until the indictment was
disposed ol; consented under the advice OF AR.
Anthon To do so, aud since tnat time noGning has
passed between Mr.. Fullerton and myself about
money matters
The witness then proceeded to give testimony in
reiauon TO the Mott mortgage and identified uss
assignment made OF IL to hlm by Mr Fullerton.
o. DO you remember wnen you were at SarNtogaf
A. From the early part Of July TO the latter part OF
August.
GUARANTEE OF ASSIGNMENT PUT IN.
Look ~ that paper aud say when that gdarantee
was written by you. A. Ny best Vecoectlons are
that wrote 1t on the l4th OF 6ept8a0er subee-
quently my Impressions as to dates were shaken; 1
could not say thaI saw Mr. Fullerton Sign n; on
the 14tn OF september he called IN Mr.. Knox TO
witness lt.
O. on the bond and mortgage now in your hand
did you ever receive any money from any onet A.
TINS bond " dated August /, not the 7ch; the dabe
refers TO the due bii; tnnk SO IRON the fact OF
amount OF tue due bin beng FIRST set lortn; the due
bill was signed by me In Mr. Fullerton's ONCE the
time took the mortgage; tnat, tnlnk, was on the
14th OF September; saw Mr.. Fullerton q; Long
Branch several lmes
q What dad you DO with the railroad bonds you
got from SnitnS A. returned llem TO Smith on
the goth OF october.