New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-03-17
Mr.. FULLERTON ACQUITTED.

wiru BlRDsALL FULLY EXPLAINED-AR-
GuMTNTs or PORTER, PIERREPoNT. AND
ToUGuToN-DECIsIoN OF THE COURT.
The Fullerton trial was punctually resumed
Yesterday morning, and Mr. John T. Burul promptly
nrceeded with the examination Of witnesses for the de
teuse:
james W Fowler. sworn-I have been acquainted with
Judge Fullerton 80 years familiar with ms hand
writing; should say decidedly that no part of the mead
Ing OF Bci&uap's report wac written hy Fullerton
benjamin 7. DunnDg, Aaron H. NanderpoeL ana L.
Dcaheld Smith were sworn. and testified with similar
emphasis to acquaintance with Judge fuIier'o"' ~
familiarity with his handwriting. and TO the mafho ~
similarity betv cen EulertOns wrisins ana 'no W ~
address OF Eeknap's report to Secretary
wm II Gale awori-I clerk IN Judge rune. ""
cnice In May. less am very i"mn"' -. - III,
w,,tiur. no part OF the heading OF TINS rep'' was VIZ
IT., 1o,t recognize the signatures kpe"
-, .,d Garrett s. Mott; Judge Fullerton hau Done
ts for them for several years had charge Oh ms
o,.,,l matters at that time Judge Fullerton h'u
,o,,lv Endorsed paper for the Motifs Ooth OF theIh
% t liz Office Nav r. 1865 Jordan came IN hrst'
Ven into MI FullerOn's private ONCE AUG Cau ,t ~
vitha letter; he went away, and came back WIN ms
,r,tbrr. they had three mortgages win thelni
Nj Rnrland was directed TO draw bsSlgn,nG ,.
r The nrce Mr. BirdSalI came han uE .'vl
m mort "a ycs were brought; While Ringland was draw
,us the >-Irnmenls Mr. Fullerton ea,e Oh, anu t NJ
X gland pat in the nance OF BIdS'i As N ~ tno
as 40 rlorisge Mir Garrett : Mott ana Mr. tuIeron
IA, settlement ~ their pecuuiary matters that Gay
c,rd IN MIR. FueriOhs once on the 2th OF NAY
iS5s Mr. M"tt asked me TO look at 1t ana see lhe
d.
H,rr t4e witness specified particularly the various
Items q. Tie calculation on the card, which showed
h,ug Motifs check To- Fullerton for this sum-
a.. identified noie Of Mr.. Motifs for $500 p3d 10y =
ca-t written 10y the NituCss, and signed Dy Mr. run
Iiiou.
o. Judge Fueron's table, between the 18th OF May aud
IT,. iytl ol june Mr. ChaliS is the " Kansas man men.
| m me note of the l2th Of May lsGs on the 18Th Of
Jrar hr visited Mr. Fullerton TO obtain sum OF money
NJ Fullerton FOR Mr. Bird>al, who cam" and stayed
La, AN honr: after Hirdsan went away. Mr. Fullerton
5000 from ms partner. ME- KuuU,
Ocpoc ul> check thr next day. at the same tme hau
Cueck $500 from Mr. Fuiierton deposited mat
aI,o, took . certificate of deposit and sent II IN n
registered letter 10 Chass attorneys IN Kansas
june; saw him writing at Fulerton's table; heard
bnlslll .ay. III want this money again. will you con
self 10 Hhc this mortgage Odok MT Fullerton sdd ne
would saw tnis assignment OF the mortgage to Bird
s-u on the goth Of jane.
INC checks and certificates winch were passed this
all produced. identified and admitted as
evidence Of the tucy legitimate character OF the money
transactions 81 Fullerton and brdsall
BLeci-Nhen Mr.. Brdsall demanded back his money
gave hm o 5000 because Ice had life insurance PIE
and a1es ON The Mott estate To pay the following
Crcss.examued-I first saw Mr. Birdsa's in Fuller
t0s Office III 1865 knew of this indictment beng found
AGAINST Fullerton. BiriSa and others have not seen
Birlsu Mr. FulerOHs Office during the last three OF
four weeks; was IN onarge OF Mr.. Fuliertons money
liter, all through he asked me tie state OF his &C
the 9ih OF October he had not enough IN Dank
the f.nWing davs: saw all three OF the gnueuts
lying Nh FMcr;ons table as late az the middle Of
June; didn't either of item after June; saw MT
Brisau The 10Th Of June. Writing at Mr. tutrtohs
tsbl, OF blue paper very similar TO that assign
mehi; link this guaranty written by BFdSdll on
taat day; never saw that bond and mortgage again
Latter & Chanis sworn--I know Mr.. Fullerton had
Transactions with him about the lst OF May, loOs with
rc!,reIco getting $500 to he sent 10 kansas before
the 1T - Ju'y thar forwarded the goth OF
June 90 1874 applied to MI Fullerton IN hs Office
,,,g,- and he would send il 10 l,l,,s lie rcNf Gv;
hsd had conversation VITA Mr. Fullerton about his
MAJ be Was gong TO get it from
No CToSS-vXduInatlOn.
~. BulgilI-Tnats our CASE. II the Court please. We
psileJ-At,or,y P.errepcnt announced that the Gov
efnMcat had no .thrr testimony aud, after htte
stAntaIy follows;
ifyour Bouors please, am instructed by my asso-
the e gal I.H Of this defendant AT the time your Hon
or pissed upon nteriOcutOry question OF great
p0fil'e IN us case We learned mat even a. tho case
t4t stood vIuu tho evidence OF the prosecution the
Cuuri considered long the question whether the period
Lad not already arrived wAen TINS prosecution
SHOULD terminate. Since that time evidence has
possibility oi doUbt not merely That William Fullerton Is
uCeuto the crime charged bu that that charge had its
o. -lu malice m fasehOOO and IN conspiracy IL does
ir i 10 Nv thSt now yonr WonoTs can
comprehend tie oatn OF Charles OCOnOr. which was
taOnli-d al the commencement of TINS trial. and at
t~a y en nc did Lot know but that he should be called
ou 70 stand for alignment the Great As-ize before
uug Honor should pass upon tho case Of iiis accused
i,,.y on, OF us felt tl.n AMI feel now. what OCOuor
,vOrc his settled conviction EvcryOn OF Us believes
~. Fullerton only entitled to acquittsl, but
b. tie Judgment OF this tribunal, that the
eVd-uce Dy which 1: was sought to destroy
h.u has established ms complete Innocence.
Us.ar she circumstances OF this ease we should be Grim
ln.! d NC ala MAKE this application, and believe
yoaf honors hearts could give the response " would Oe
unnecessary FOR me 70 aid one hhI!e NoI' but as ny
friend T. entitled be heard ought perhaps 10 briefly
state attitude Of ne case upon the uudpued facts
Watt the charge Inat Judge Fullerton cODspired 10
procure 5rDe Of $4,000 TO be paid 70 Belknap TO sup
We submit tnat the bottom falls from tie prosecution.
auI iLe accscT and the accusation 20 down together II
i.rle Wa- bride, thtn, upon the uDdisputed ey
6,uce II was by the procurement, Il not with
the assent Of the party mere eh%tg5 Inc record made
LIE with % absolute CONVICTION and
Tie fact stands clearly out az the threshold OF
.. .rg.d with cOuspriug induce smith pay a
hr!a. 10 Bcknap, he not OnN protested against such
tllgp but wrote explicitly BIrdsan, who then IN
oust BE- stopped that there was To authority short OF
t,ftlco doubts WeIher could be effected
sIs n tina, that then tie attitude OF The &C
rt.seaf IL ls conceded Dy the prosecution. Did he
know that money TO Dc pads He was tod aud he
believed What we kuOw mat the money "N4eh wa on
that day deposited with Blrdsal Was cepOt'ted
as counsel fees for me purpose OF pro
IaWiat II unlawful, wheIe II tie stature Rlch pro
I;s III That was What he kDew-that was all he knew
sd Nh be Observed ths is letter was wfitten
mi To tbs Court this Jury, to this prosecuting
Iouey. but upon the theory OF the prosecution 1t was
written ~ cOnspiraoT 10 another and yet It says:
DsAE SE Busp h u,i e.tn ID m' one sio sPIssi' 70 os
sT,s. yoa &C. promptly sa. he usy sesie1 10 be plain
s ~ 80 20 s5ss e matter tb The Government bnt iIg
Z "a I. '1'. @ @ for AVE 10 dsS , vi, Do a. ySe
AJ oSy object DO tioi'ig }oo .eas a. nc
And lie charge Is that theee three consPring
10 keen this money from the Government! appeal 10
your Iiouors whether that letter could be sworn away,
though al the whisky thieves IN sta'e Prison we're let
L-4 and each promised pardon II they would yolun-
their evidence On tne AN of august niiei ton
writes again To Birdshil at saratoga, ara Gays;
he 80. Ia, aalr ssac4I respeet q bis ARES.
.Sa tls ynsai q 'ows moa 70 yos 81 10 te,, !SH az
D. egue. q AT DuPgy eA' aid iAa't ~ ~ 'I""'
~ B,lkaaP Wi,i.>r h Ind a"y pot i a." "',4,,
This j. ;he Ian ,aee Of one cOnSnatuf addressed 10
another as 10 a question 10 thiTd! The letter CON
,t, t5 ~. In. n, .,vi-, tb,, h. I'D