New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-03-08
THE EULLEKION IRIAl.

T'be United States Circuit Court Room was
crowded yesterday morning with lawyers and others
gathered 20 :he proceedings in the famous fnI
hrton case. DistTictAttorney Pierrepont ana b. T.
Tracey appeared for the Government while the deiense
was represented by T. W soughton Clarence A. Seward
Greuyine r. jerks John X Porter, John f. Bnrnll'
John Anthem and Ira Shafer. Collector Bailey ana
exDstrict Attorney Courtney, who are interested ID
the prosecution also attentive spectators 1"'A'
woodruff and Judge Blatclford occupied the Oeh0"'
Distgct.Attoney Pierrepont moved noHe P'os'q' -
the osse OF Daniel c. Birdsa, OF the deenuane' VI
the ground that tho prosecution satsheu tn"' n'
was not connected with the other defendahs III 'io
per supposed when the indictment was dra"n' au Nv"
uis desired 10 use him as witness Aho no'O" ""'
granted. 49,. ,os,,oro.
,eptof che case OF Mr. Fullerton the ground OF the
continued Illness OF Charles OConor, the senior COUNSEL
who had peculiar facilities for defending MI
having been ten years his law partner ana thor'"es
famils. with his case. The counsel In urging inc
posfnouencut said that until the present term there
had not been until the first postponement was
asbr3 comretent tribunal sitting to try this case III
VIZ felt that both the Circuit and the District Judge
ought TO sit in this and not until week ago
that this could be accomplished The dement, OF htVnS
Two idges Law in the fact that necessary, by certify
ing difference Of opinion on any important point "a
appeal coui taken in OF conviction when woua
not be if only judge sat MT fiepTfpotfo
Then briefly recapuated what had been qCne sd Win
postpuucmens heretofore and substantially ag,eeu VIZ.
thc views the counsel in 50 far as they reate
T vas necessary that either Judge Nelson should Try
bceas or that il should tried before both the Crcn
az coniI moi have been properly tried before either
Blachiord Judge Benedict In relation 20 I me
doub Of his services being OF the utmost xae az
|rrI TO- When time pcstponement asked, it would
b6 equivalent 10 an indefinite pOstpohee!' tbs me
Woodruff would about that time hold court ID 'ne in'e
The Court decided that The trial must proceed, 90 Col,
TheNames Of the defendants were then calleu' as io
lows -, 49,, po,,,ron
and W j. Windus, and all answered, except BelKhap'
whose recognilance was iorIelteu. 1900, o., . sororo+o
intimately connected with the other defendants IN the
alleged transactions TO make joint trlal Imperative,
II would be to ms prejudice TO be Joheu WIN
Nc prrIeTont said he did not believe that the Court
had the power grant the motion, as this was case OF
conspiracy and could not be separated from others
Counsel fer the defense urged that in the discre
non Of tbe Cont TO grant separate trial. Mr. Fuller
toms position essentially different from that Of some
defendants who were admitted to have been
Tbs Cont decided that there was no want of power
and that the request for separate tral was reasonable
About an hour was spent in examining and swearing
the following jurors Alexander Menzes, Thomas Cook
John r. Van Buskirk, Simon Helder, Robert Brannan,
Alexander NJ Alexander Geo. ". seely. John Mcnamara,
charles L. fGmng J9ran > neS HOGS, Sa Msn1ies ana
Harrington, were challenged by the defense on the
that they sat the jury which convicted DuPy
about year ago but the challenge oyerruled One
other was aside because Of his personal acquaintance
with MIR Fullerton, and excused for ihealth.
hit whole the Jury was mpanneled with much
argument delay than might have been anticipated ID
ease Of such importance.
After brief recess the Judges resumed their seats and
Tracey proceeded TO open the case behalf of the
Government III twOhOurs' speech OF which the follow
Gf~rIgNrN OF THE JURY The issue which you are
inpanneed to Try of the grayest Importance both
10 he Government and to the accused The charge IN
william Fullerton, Alfred a. Belknap, Jacob Dupuy,
DAnel G. Brdsa, and Edward J. Windust together
with various other persons whose names were
unknown 10 the Grand jury, IN the months
% April May, and June, 1868 IN this city, formed con-
srIcy among themselves Tor the purpose OF Oack
N. and eNtOTtiug money from dIstiers who had been
engaged IN dlsting spirits IN the Cy OF New oFk ana
Ine laws OF me lifted States In This civ dur
Jug three preceding years. Tins crime, like
many others had It's origin IN the effort 10 collect an In
emal Revenue tax During the war u became necessary
that the Government should levy and collect enormous
OF money, by means Of system OF taxation
entirely new 10 this country and which demanded tribute
every article ofndnstry produced among US ~ was
Notwithstanding the fact that such tax Is extremely
collect In this the tax was " gallon,
while the cost Of manufacture was only about 40 cents
This OF 800 per cent offered great temptations to
fraud. especially in large cities and the result was an
'he law and 10 more than suspected that III various
quarters Revenue officers conniyed at the evasion In
January C7 these frauds had increased 20 such an eX-
tent as 10 arouse great apprehension ana II mas been
p,S''r bald !'" on distilled SPIRITS during SIX months
fld amount 10 cents gallon. AS time
%sn on FOR Seure Of pTpey ii cases The
detection Of fraud and at last the Government was com
pccd 20 enforce the criminal provisions Of the law Be
cunning M 1901 and during that year. there was fierce
between the dlSteTs ana tho
n Tie government Corruption charged every
where and some Of the Revenue officers were supposed
o have accumulated large OF money. Ia January,
, Mr. Bcknap, of the defendants in tins case, ap
2Hed 20 the Government for position as Revenue
officer. aud appointed III that month, special agent
II The Revenue Department. HIS business was
80 AID the Government IN enforcing the Revenue
ai>uiers, obtaining proof against them, and causing
hem 90 DE prosecuted IL was also his duty 10 lnVest-
gate the conduct Of officers in this city, and TO
il they properly discharged their duties We hear
little OF NJ Beknap until May June OF that year. but
{! y
-tli with Mr. Fullerton lie believed the dlsuers OF TINS
atty had amasCd enormous fortunes by fraud, and That
some Of the revenue officers had also made immense
.uu!s by coDnying at those frauds; and he imagined
that ne could associate with himself an able lawyer
would pay him heavily to escape prosecution
Wcs nall show you that. early as April, he
The cooperation OF Mr.. Fullerton II that he next
csrcd the services of detective. whom he approached
mar Lad s,ocated with himself exJudge Fullerton
III ,altCst lawyer in the City OF New-1OrR and that
fraud OF the part Of dstles and OF cOnnivance on the
part Of revenue officers whom he believed to be thor
money 10 buy HIN of. Another man, known as Dr.
Blasde was also brought into the conspiracy. Blals
York and was President OF the Dislers' Association
IN lst7. lie supposed to have more information
officers than any other man in the city. Mr.. Beknap
seized his disueIy and thus he brought into the
was demanded which hc could not pay and to escape
prosecution he joined the conspratOrs and participated
act ycV their transactions. There s no doubt
that be promised 10 furnish them Information that they
believed hun able 10 furnish Il and that they anticipated
large gains ms connection with them. They also
called 10 their ard named Jacob Dupuy. He was
not q officer but still he was active, IN certain
lers 81 this city. HIS business was, as MT Fullerton wen
knew. 10 watch the various distillers OF New.
York aud obtain information OF their frauds, Tor
the purpose OF being able 10 say 10 them Unless you
pay me money WIZ give thls lhQilnaIon 70 tno uOa
as whisky spOtter-a professional DlackmaIlcr ms
DuPuy joined the conspiracy early III May isoS anu no