The New York herald., 1870-03-16
NEW YORK HERALD WEDNESDAY, MARCH, le ls7OTRIpLE SHEET

4E SHEET.
saiion OF the 2sth February was competent for Il
NJ not u very obvious tnat u woua De ou. vase
OF ume To postpone the case In order that Toe wit-
ness should De examined. The Court deeuls y quile
cear ~ we understood the prosecuting attorneI 10
aomit that the ADMISSIONS OF coconsplrat0rs are not
competent eyiaenCe OF The TACT OF consrirlns. Ine
Court does not perceive there ~ ~ an .nas
ease any evidence mat any Two paIhss ,n e"n. au.
dence OF con versuton between Bclknap ana lapiey
In February ID competent 20 prove thal anyDouy
cOnspired az to AFFECT the defendant we are DOT
able TO ON what ground evidence Of tnis conver-
Batlon could be adriss,ble II the witness was even
here. on any statement that has been maze 70 TUG
Court touching the purpose anu purpOrt 0 tnis les
umony. On what ground lilo you (Mr. PefIep0ntl
claim apart from what witness said Belknap said 70
hlm IN FeDI uary Ii admissible evidence against tnis
defendsnt Tor any purposey
Mr.. Pierrepont-Ii should show that In February,
1893, Beknap applied to Tapley 10 JOIN IN THIS mat
Ter against Smith, that he then named Smith. AZ
also Collector Bailey, and Shook proposed that he
fiapleyl should join N ds matter, ana nad this con-
versalon IN riatloE 70 ths very ldenIca thing lhst
Judge weodrur-wnat would that tend 10 esra-
Mr.. Pierrspont-I suppose It would tend to esta-
blush the purpose IN the minds the partes taking
aboutr. and finally following up and carrying IL
ont.
Judge Woodrun-Tapley is not one Of the parties.
Mr.. Plerrepont-No, but Belknap Is.
Judge Notwithstanding purpose existing IN
the mind OF Beknap docs not amount to consp-
racy. rne Court are aware that conspiracy oeing
formed at an earlier day. q iird party may be ad-
mltted and be bound by all It's responsibilities but
tbat Belknap could aions BY conversation with
rapley VINO 1t Is not pretended entered into the con-
spiiacy, make O conspiracy into which somebody
else comes, the Court cannot see how such conver
sation az that time can mpicate other parties Alter
conspiracy Is proved acts and declarations become
Mr. Pierrepont- conspiracy being satisfacto-
rlly estaDllsed the rule OF law Is that you prove
what occurred lew days after In proof OF acts
which occurred a few days before. LII the case Of
Mnfray your Honors ruled that acts were proved
after The date
Judge woodrun-The Court has not ruled on that.
Mr. Perrepont-Thls Is something that occurred
before.
affected by anytning tnat WAS SAID by Beknap at q
time prior To any conspiracy having been f0rnled by
any body, inasmuch IA Belk,ap could not conspire
alone. ms purpose may have been never so bad,
put declarations cannot affect any one before le has
come into the conspiracy.
Mr.. Plerrepont-l VIII not press this matter fur
ther.
Judge Blatchford-There is another ground Of OBJ
jectIon TO It's admissbity in proof OF conspiracy
as against the defendant. Counsel Tor the govern
ment nave ST ted at tney had got through all their
evidence that point oI the case, and therefore
the conversation referred 10 ought TO be excluded
Mr.. pierrepont-We do not ofier II on that ground.
Judge Batcnford-lt s not admissible on any
Rrouno.
Mr. Pierrepcnt then announced to the Court that
they nad no iurtDer evidence JoOfier.
oICkING FOR TUE DEFENCE.
Mr.. St0ughton, after consultation with associates
IN addressing the Court sau:-YOur Honors--We
nave conferred together and we confess our surprise
that from the silence OF Lie District Attorney We
obliged to draw the inference tHat he suppOsea
there s sunicient evidence here on winch he ought
To ask tnls jury 70 convict defendant. We are not
disposed TO saKe up the time Of this Court by any
opening. We snail prove few facts on furGher
planaton OF tins mortgage and OF Its assignment,
and we shau alter that ask the Court TO give direc-
tons W the jury that tney must acquit on this evl
oence With that view we shall cail the proof we
propose TO submit Without taxing up the time oil the
Court unnecessarily now.
TESTIMONY FOR THE DEFENCE.
John b. FoRarty testified thar he is counsellor
atlaw; knows the delendaRt, fuherton; was IN Mr..
Fuilertons Oice on the l2th OF June, 1888, the day
on whlcn smith was arrested; was engaged on pro-
fessional business with Mr. Fullerton ON tnat Occa-
the Office when witness first entered came In lew
minutes Afterwards; he ut once took Gown law
paper 10 BeiKnap; the latter was in the inner
once when witness entered; Mr. Fullerton
for fort the arrest Of san give il tor hand ii. 70 sns
Marsnai; Belknap then objected IN some wav; Mr..
Fullerton SAID, 1T cannot be done In any other way
1t must be served by marsnai;n Beknap inquired.
"Must II be served by regular deputy marshal ~
Mr. Fullerton replied, 1T must be served Dy .
deputy marshal or person specially depatzed;'
son then came 30 Nj. Fullerton and told him that
smith had been arrested ana brought 70 the mar
shal's ofiice, and that Beiknap wished HIM (Mr.
Fuerton 10 go 10 the Marshai's ONCE Immediately
at Mr.. Ful,er,on's request witness accompanied
him to thla pudlng lcourt buildingG saw smith,
Belknap aAd Brdsali The lower hall; his lmpres.
SION was that Mr. Fullerton went straight up the
STAIRS Witn0ut natlllg u Tie naWay, WlLicaS tner
| went to his own once on Chambers street, u few
| doors OF, and IN few minutes returAed; NJ HI
| entered the building the party--BekIap, SMiJh
| Brdsail ana one or two othefs-were going 0uL
| after few mlnuIes Mr.. Fullerton and M DInt
Came down the stairs together, and the three wa ket
| 10 Broadway; Mr. DyaLL LETT lhem at che corner o
| Murray street. he uDyatu crossing the street; Wit
ness and Mr.. Fullerton continued together u
they arrived opposite tie HERALD Building
when Mr.. Fullerton was OvertaKen by q person
who told him Lat Belknap had sent hiIn word that
he was az Blrdsals Office, with smith and tnas be
wanted Mr.. Fullerton 10 so mp there; Mr.. Fullerton
told the messenger mat ne had ~ 60 10 MS once
GrsI but that We wound step In there on his way up
town. Mr.. Fullerton s0 told the messenger u 70 10
Mr.. Dyat's office tSmlth's cOunsclJ aud tell him
where smith was be had anu tnat Mr.. Fullerton
would meet him Mr. Dyau al Birdsal's 0f1ice wit
ness then went on with Mr.. Fullerton back 10 has
ONCE ana aftel few minutes furLher conversation
on The business between them left him there and
went away.
1ne witness was cross examined but nothing I'M
! portant elected.
| AntRony X. Dyatt. sworn and examined, testified
To the arrest Of Smln, his subsequent interview
with Commlnissioner Osborn and Mr.. Fullerton, a
OF which has Already appeared. witness BWorC
| tnat the words on the BeIknap appointnent-"hu9
McCulloch, secretary OF the 1reasury"-were not II,
the handwriting Oi Mr.. Fullerton.
Joruan Moot, brother OF he ate g. ). Mott, testl
fed To the business transaction that existed be
fendant. Mr.. Fullerton. He Identified the hott mort
| gage ana detailed the circumstances under winch
it mad Deen delivered TO Alr. Fullerton
Albert +. Dawson, CLERK In MIR. FuIiertOn'6 ONCE
gave testimony AS 10 Mr.. Fullerton's handwriting
aud swore that the words "Hugl McCulioch, Secre-
tary Of tie treasury we're not III his tdefendanps
handwriting.
The Louit then adjourned.
WOnnNllklt. I5srlGE GnJUTER