The New York herald., 1870-03-09

partner Of the Defendant Fullerton: at that time
was slightly acquainted with Belknap. Affidavit
handed to witness. who stated that he refused to
issue warrant on the aiidayt; that ne
there there present; Mr.. Knox brought the s afiaavis
TO nm and desired warrant Tor the arrest OF
pnSmas S Smn papuy was also q y was
the hrst knowledge he had that Fullerton ana Bel
knap were engaged IN lerretlng out frauds was on
Mr.. Fullerton wanted to see him on important busi-
ness; went to the once OF Mr.. Fullerton; saw him
there in company with Belknap, to whom ne was
introduced; Beknap told nim no was employed as
special agent by the government 10 ferret out frauds
a: NJ naa sea MT
70 consult With me about my powers as Commits
sloner; ne asked me whether could issue war;
rant without the knowledge OF the District Attorneys
told him that Mr.. Belts and myself had claimed
the right; that they were independent Magistrates
nizance Or knowledge Of the District Attorney; M
Fullerton then asked me II any one could serve my
warrants besides United States marshal Isaid that
execute United States warrants unless it was shown
to me that that officer was complicated interested
when would deputize . third party the question
then came mp a. to my authority TO issue warrants
on afhdavits sworn TO before an internal revenue
of1cer replied that should issue no more warrants
on an afidavt sworn to before anybody but Judge
OF the court or United States commissioner; Mr.
Fullerton then explained that ms object In putting
these questions to me was that ir was well known
IN washington that great many frauds were COM
mitted by oncers dcrelic In the discharge or their
confidence In the then District Attorney; that he
was lukewarm in the discharge OF his duty ana that
ized BelkDap to come to this city anu institute pro-
ceedlngs OF the kind and that ne (FuertOn) had
oeen employed as special counsel; he then asked me
whether would issue warrants under such circun-
stances; relying on Mr.. Fullertons statement and
MS connection with BeKnap replied that would
issue warrants whenever proper affdavlts were laid
before me; MIR. Fullerton Inen said to me II it would
not be best to keep the matter secret for the present.
wnen replied that that was matter OF which ne
himself would be better Judge than the evidence
was being collected and accumulated by Belknap
against all the collectors and against nearly all the
dlsters IN the cty MT Fullerton further said that
While he was special counsel in the case. Mr.. Knox.
his partner would probably attend to all the work
OF drawing up aftdavits ana examining intO the
cases as they presented themselves, anu ne then
suggested that as many OF the complainants were
ernment officers it would be difficult for them
10 be brought before me IN my own Ofice where
and the object aimed at might be thus deleated
ana he then asked me II I would have
no objection to go to his once or to Belknap's to
swear the parties TO the complaints; | said It
would be more proper and d,gnined for this 70 be
done In the Office here, yet II 1t was necessary to
whenever sent for for this purpose; Mr.. Fullerton
replied that provisions would De made whenever
necessary to nave me sent for to swear the COM
planants to the afidaviLs but whenever these pre-.
cautions were not necessary the partles would be
brought before me IN my own Office.
U. Was anything SAID aDOut the Marshal? A.
BelKnap, think, said that he was sorry could not
deputlze some one else 10 serve the warrants, as
q. What else was said ? A. In further answer to
Mr.. Fullerton's remark think with reference to
ne ahas Is @ S% @ A ao
criminal law went there were instances In which
the necessity occurred on which warrants might be
Issued and the matter kept secret from the District
Attorney IN order that the ends OF justice might be
served, and presumed these were sucn according
10 mis- statement in relation thereto, and then
agreed not inform the District Attorney II l was
satisfied OF the prOprieJy and legality OF the pro-
ceedings, as they should come before me- till the
z. Did Mr.. Fullerton say anything else on this par
ticular subect2 A. He further stated that lie did
the present, as there were 30 many parties to be
arrested; That the arrest Of one II Inaue public
would prevent the arrest of the others; that there
fore it would be best to keep the mater q secret
and when the proper time came he would notify the
Dlstrlct Attorney VI all that had been done IN the
matter.
THE THOMAS A. SMITH wARRANT-rHE ARREST
:, Atfdavit or Dupuy against Thomas A. smith was
evidence.
Q. DID you swear the party to that aidavi,p A. Yes
the afiidavit was sworn TO on the 11tn Of June;
the l2tn June Mr.. Knox came to my ONCE and asked
me II mad the warrant ready the afidavit sworn
TO the evening before; SAID no, but that would
draw it up Immediately; ne said there was an I'M
mediate necessity for It, as he had learned that Smith
pairing the warrant ana Just alter had commenced
Mr. Fullerton came to the Office and asked for II; he
and gave 1t to him and ne went AVA with
it; l said to him as he was leaving that
gno WarRanL muSL De returned 70 tile MARSHAL;
| think his reply to thus was 'Al right;''
the next knowledge had OF the warrant was
about four O'Clock the same afternoon, when Mr.
Dyatt came to me and told me that his Client smith
had been arrested; that ne appeared Tor him aud
wished to see the adidavlt; ] told him tnat smith
had not yet been brought before me; he asked me
the nature OF the charge and the bali would re.
quire; told him the ball would be 81, ,0J0; Mr. Full
lerton then came In and said, "Osborn understand
that Smith has been arrested;' said l had just
been tod so by Mr. Dyatt; tnen lett for my home;
that same evening while was at dinner Mr. Fuller
ton came 10 my mouse aud stated to me that they
were coming up to bail smith; that Smith was very
much frightened; that he was very tlmId man;
that he took pity on him and wanted min Dailei,
and that he had come to me for the purpose
Of assuring me that the person who was TO become
his surety was responsible party, James q. Gu
lick; then prepared ball bond; Mr.. Flu lerLOn, in
the meantime, said that Smith knew a great deal
that he could be OF great service to the government
that he wanted to make use OF hun Jnese proceed
ings under these circumstances; and, as told MI
Fullerton that recognized HIM as District ALtor-
ney In these proceedings, reduced the bail to
$1,000: while we were speaking carriage drove np
and Daniel G. Blrdsall James q. Gulick and Thomas
A. Smith came out Of 1t and entered the house;
BirdSall SAID he was counsel for Smith; the
bond was then signed; | administered the oath
to Gulck; asked BirdSa what day did he want
fixed for the examination and he replied that he
would waive an examination for the present; tlen
said That would take the bond with me the ONCE
in the morning and have 1t filed with the CLERK;
three parties Thea went out reentered the carriage
and drove away, Mr.. Fullerton going on alone.
AZ this stage the court adjourned Till eleven O'Clock
this morning, Judge woodruff giving the usual eau.
tion 70 the jurors not to permit themselves con-
verse with any persons on Lie subject of the trial.
rEE LATE En3EZZLENENT By A DEPUTY