The New York herald., 1870-03-17
FULLERTON HoNoaADLY ACQUITTED.
Remarks Of Judge, Woodruff and Blatchfcrd-
rhs Court Direct ths Verdict Of the
Jury y-The Result Received with
the Greatest Eathusiasm.


nam Fullerton was resumed yesterday in the U Untci
Batchtora The trial Is closed, after nine days
session OF the court and after one OF the most
thorough, competc and exhaust'ny efforts on the
part OF the prosecution that has heen put forth
M Q criminal court to convict. That the olicers Of
the government were not actuatcd solely by o sense
Of solemn DUTY 1t would be unjust to insinuate or
suggest, ana the very fainlancss and zeal they ex
hiblted IN The discharge OF that ouy, wnie It is TO
their credit, serves only 10 make Mr.. Fullerton's
aAcupation the more honorable 10 him. Mr.. Pierre
pont, the District Attorney, Sas more than once
vIspy affected wnie addressing the court near the
close Of the case The court was denaeIy crowded
Gou the opellng TO the last scene of AL when after
the formal rendition oil the verdict and the adjourn
ment of The court, and after Judges Woodruff and
Blatchlord leaving the bench shook hands in the
warmest nanner with Mr.. Fullerton, the immense
audience broke ont into an unrestralned burst Of
Applause whlcn after many previously ill-repressed
demonstrations Of similar kInd found proper vent
aG that moment. When cheer after cheer had
exp. p.essed the feelings Of delight which Mr.. Full
lerton's honorable acqui.tal had evoked the Judges
aud counsel came IN TOR their share OF applause and
Il was several moments pelore the excitement sub
sided and the audience began to dlsperse.
BELkNAr's REPORT OF THE SMITH CASE.
When the Judges had taxen their seats Mr.. James
W. Fowler was called for the defence lie dep0sed
that the words 40 Hugh McCulloch, Secretary Of
the Treasury were not III the handwriting OF Judge
Flu egton; tae writing was not ike Mr. Fuerton's
on 4. Deiane Smiln eX United States District
Attorney, Mr.. Benjamin 4. Dunning and Mr.. Aaron
}. sanaerpoel corroooiated THIS evidence; they de-
posed lney ere ihiniI,dr with Mr. fulerton'S VIII
lns, and tnat he diu not write tne WORDS.
THE MOTT MoRrGAGES.
william II. Gale next called. He depOSed to
the various transacEions between Mr. Garrett $.
Mott aad Mr. Fullerton III relation to the mortgages,
cori ang the previous testimony the subject.
aal. Luther U. Chds testified also to money trans
acaons between himself AMI Mr, Fullerton ABOUT
tuc time OF the SAiltn arrest.
auogc Porter thea oe Vereu an able and eloquent
address In Deuaif oi Mr. fullerton.
Mr.. Pierrepont replied lor the prosecution, ana
commenced upos the evidence IN relation to the
alleged money transactions between Mir. Fullerton,
1.ol ana brdsail.
Counsel saiu If all the transactions could be ex-
p aimed III Mr. Fulerton's Iavor tnen he sn0uid be
sa.sLed with whatever Judgment might De rem
QUieo In the case.
upon tie po.uI whether TIE Court mad right hdd
hoerty 10 lake the case from the jury.
sar. Stougnton said he should prefer that Mr..
PierreponI should give his views upon IT,
Mr. Plerrepont renarAed tnat the United States
Courts had exercised that power.
Mr. StouShton sand tnere was no doubt about the
power VI Tie Court to 10 o.
CLOSE or THE CASE.
Alter q brief consolation on the bench Judge
Wood un sad thas the judges would each speak Tor
himself Oh the SUBJECT.
REhAkkS OF JUDGE BLATCHFORD
Judge Biatcnlord Lnen sald:--fnls question Of the
power OF the court hiu occurred to US and we gave
some attention 70 II. And regarding 1t as we uld,
not only applicable TO tins particular case, but to the
general administration OF justice, we considered 1t
our duty 10 call the attention oi counsel TO 1t. For
myself, from lIgnJ in which view tho question,
my view VI the power Of tile court Is tnls-that
the courts OF the United States, In criminal
eases can exercise the same power that
eAsts Ia other criminal court, OF setting aside
the verdcl Of jury giN en- against the clear weignC
o. evidence Therefore, when there Is not sufficient
an r<ltaf
Court, criminal Cases well as In cvl cases, 10
Set aside verdict Now the precedents OF prac-
Li.e courts glven against the weight OF evidence,
apples not ony TO cases III State courts but TO
clilnlnal cases IN Tie federal courts Then l con.
Riuer wnat was suggested as coming from the emf
nent member OF the bar whose absence from this
has been the subject oil remark applies, 1t
me, wlLn great force here--that In criminal
eases this court Is u court OF lrst instance and OF
last auo III cases where II seemed prOuable
taat tie Court would set ASIDE the verdict OF Jury
rendered it. IL would De duty Of the Court
direct verdict; and That seems 10 me gets rid OF
te difficulty when IL the nrst Instance occurred 70
both the Judges upon the subject. After that the
Factions VI The court upon that subject must
cease, and 1t would be dangerous Thing for the
Court TO step In Ii every case at the conclusion OF
evidence and express It's opinlon ana take the
case from the jury. But guarded ana regulated by
where The Court would concede tlat IT must grant
new trial II the jury found the ether way 1t IS o
rule which 1t seems to me Is not sale to abnse but
Ullch mas safeguards around IT which protect alike
Ice interest OF the government and The accused. In
the present case 1t now stands, for myself have
no hesitation In saying as member OF this court,
that the jury IN THIS case saou u ind verdict or
Ruty should teei 1t my duty 10 say there ought TO
be new trial on the ground tlat the verdlct was
Supported By the evidence, aud tor tnat reason am
in lavor oil giving directions TO the jury TO find
verdict Tor The defendants.
REMARKS BY JUDGE WOODRUFF.
Judge Woodrun then expressed his opinion as fol-
lows:-In the conclusion OF my associate concur
without any hesitation. Inc court IN entertaining
the appropriate result, do not DO SO upon any 1Etl
mailol Of ooubt or uncertainty as 70 what the YER
dict wou be II the case was submitted 10 the Jury
Aud the action OF the Court IS not TO be taken
Implying an7 idea that in dsposing OF this case
upon the grounds that are claimed 10 be strictly
Legal we are at all apprcncnsive that the jury
would not DO right n me case was submitted TO
them: but on the contrary, we act upon the assump
molion itself-that II were to 60 through
the form Of submitting the questions
OF fact on this case TO the jury they
would unhes;atngly respond III the due discharge
oi their duty, unaer their oaLhs as the Court when
called upon 10 exercise their legal competency, now
do. Nor viii the Court permit the occasion TO pass
without advert,ng TO some things tnat nave been IN
tmaied winch imply that tue case is one which ls
developed to lndlcatc thai the prosecution
itsel was oi any necessity, prompted by unworthy
motives We are not informed oi Iacts wnlcn In our
Juogneat would justify the Court IN resting their
conciusioAs at all on tnat assumption. And the
Court lie ire TO be understood that In disposlng or
this noton IN the manner we 90 we do not rest at
all upon any such suggestions. The progress
OF tae trial has disclosed that to the
minds even OF the Court there were cir
cuiilSLluceS winch IL was UtJinE SnOuld De
explsined, and we think 1t a matter or congratua.
tion the part the accused mat the opportunity
has been given, the explanation made anu made In
such wise as 10 lead our minds TO the conclusions
which we have reached. Tue supposed proof OF ex-
pressed conspiracy agreement (ln the very first
Instance, ana without dwelling at ali for the pur-
pose OF criticism. upon the source from which 1t
comes IS In perfect harmony vita the purest integ
ry, ana the ucslre to exercise the utmost hdey OF
tae counsel employed 10 pro5ecuse Tor iraUds upon
the governments 1t IS shown by the testimony that
the accused was retained as counsel In the first
place aud the moment tnaG is stated there appears
circumstance which explains, and not
only xplain., but which more than Justfe5 the
association, which, In ordinary cases. might, OF
Itself, be circumstances tending TO prove cOmDi-
nanon III the alleged attempt to do wron9. 1t IS
the duty OF counsel to be III contact and III assO-
clation WIKI his client. II would be a sal condition
OF lnlngs 10 those VINO exercise such 1mportint
duties III the administration OF justice IN all Its de-
partmenls az members OF the legal profession, II 1t
Snouid turn out ina. their ceut was bad man
o. engaged with bad purpose; that their associa-
tiul5 WIN thsir client were taken as evluence tnat
Ihey were either cognlZant OF the wrong IN
teDued or combined with MIN to efect any
wrong. Alter carefully reviewing the princ-
pal features VI the case as presented by the evi-
delce, Judge Noodrulf contlnued---What remains