The New York herald., 1870-03-15
THE FULLERTON CASE.
Decision Of the court as 10 the AdmisSibility
Of The Evidence of CO-COnspiratOrS.
Testimony Admitted Birdsall Recalled, but Not
Forthcoming Murray Recalled
Objection Taken to the Course Of Exami-
nation and Witness Withdrawn.

The trial OF the case OF the United States against
William Fullerton was resumed yesterday morning
before very large and Interested audience, Judges
Woodruff and Batchlord on the bench. Yesterday
was the seventh day Of the proceedings In the case
one which Eas excited. perhaps, larger amount OF
interest with the community regards the defend
ant on trial than any that has occurred for many
years. The general impression which prevailed,
that the objection TO the Introduction OF the decara
ton OF cO-conspirators not on trial. as against the
defendant, would have been sustained, and that the
1t stood on the exhaustion OF such testimony
would have resulted In dismissal OF the complaint,
was so general that greater crowd than usual filed
the court room
On the opening OF the court Judge Woodruff stated
that the evidence OF declarations OF co.consprators
was admissible and directed counsel for the prose-
cution to proceed.
LETTERS From BELKNAp TO THE TREASURY DErARr.
kKNT.
The letter sent by Beknap to the Treasury Depart.
ment, dated June ., 1865 was then put in and read.
II was addressed to Commissioner Rollins, and
stated that tue writer tBelknap believed that Gene
raj Kryzanowsk who was directed to re port whsk ey
frauds, should report to him instead OF to District
necessary there should be but one head In the con.
duct OF these cases in order to defeat the ring
THE FIRST WITNESS
called was Daniel &. Birdsal! recalled to identify
letter. but not appearing an attachment was ordered
MARSHAL MURRAY RECALLED
Ex-Marshal Murray. recalled. testined-Had
known Beiknap about year before the iln OF June,
1865; knew him quite well; had much TO do with
him; conversed with him on the tn OF june 1865;
on or about that day, IN my ONCE, he said some
thing to me about his oatn OF olicc he thanked me
Tor having written letter TO the Presiuens OF the
United States to have him restored to his former po
siuon In the navy. and SAID he would give me q
chance TO make some money; l thanked HIM, and
he SAID he would see again: met hlm subse-
quently IN Nassau street aboat a week afterwards;
he reminded me OF what he had told me about
making money
The defence objected 10 this testimony on the
ground that 1t was In reference to conversation
after the 18th OF June, 1868, the day land down IN The
indictment as the one on which the alleged conspi-
racy against smith was consummated, ana that,
therefore, IL could only refer to an act committed
or To some other than the Smith mater.
Mr.. Pierrepont contended that tne smith matter
was one OF many acts going TO snow general plan
OF conspiracy to extort money, aud the evidence
offered was IN relation to an offer made by Beixnap
IN furherance OF the general design OF the coospra
tors and that even the Smith matter had not ended
aJ the time mentioned, many things IN relation
IL had trdnspred subsequent TO the day when con-
versation between witness and Belknap was had.
The Court decided the evidence inadmissiole.
Witness resumed-i saw Mr. Fullerton III WASH
lngton ABOUT the time Mr.. Courtney WAS on there;
TINS WAS IN November.
Further objections being made by the defence the
wllaess WIS Withdrawn.
Ex-CoMMissioNER HARLAND RECALLED.
MT. Harand was recalled to Identify two letters,
one written by Mr. Rollins aud the other by MIR.
Belknap. The letter OF Belknap was the one written
about KryZanowskl, and dated June s, 1865 and the
one by Rollins was dated June q, 1865, and was ad
dressed to Kryzanowskl
the letter sent by Rollins to kryzanowskl and The
letter was Withdrawn for the present.
Inc District Attorney SAID he had no other wit
nesses except Birdsa and Frederick c. Tapley:
Blrisal could not DC ioand by The Marshal and
Tapey was SICK.
hLvAH c. VAIL
examined-Knows Mr. Fullerton and Collector
Bailey; was IN Mr.. Fullertons olce, No. IL Ilne
street, some time In June, 1868.
Counsel for she defence desired 10 know what was
proposed to be shown by TINS witness.
Mr.. Plerrepont said he desired TO show by the wit
pess that about the thle OF the alleged conspiracy
against smith Fullerton had conspired to obtain
money from Collector Bailey; Dui the Court ruled
adversely To the admission oi such testimony,
ADJOURNMENT
The prosecution asked an adjournment on account
OF the absence OF Blrdsal ana lapiey. saying they
wanted TO snow Dy BIdsall now the money obtained
from SmEh was divided and by Tapley the whole
plan o. the conspiracy as disclosed 10 Tapley Bel
knap, at various times beginning In May, 1888, and
ending at the time OF the first arrest OF smith.
Inc defence opposed the application Tor an adj
journmen.
A recess was then ragcn; but on the reassembung
OF the court aS neither brdsail Tapey cOGiu be
produced the court Was adjourned till This morning
AT eleven A. Al.