New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-03-12
THE FULLERTON TRIAL.

resnmed yesterday morning Alter some discussion con-
corning the marking Of papers salready received in evil
dence the guaranty on the mortgage given by Fullerton
10 Birdsall was read, and marked us"
Moses Dupuv sworn and examined by District Attor-
nov Perrepont-I am q butcher; Jacob Dupuy, one Of
the defendants my father was not employed any
where in the latter part of June, 1868 my father was
EMPLOYED down town used TO see HIM at No II Pine
,t: he was there most other daY; didn't know
of his receiving any money there he was giving in
formation against dlstllers he began IN the latter part
Was made at my house in the fore part Of June was
present when 10 prepared Dr. Blasdell MI BEL
,im oS Know The man Who made the Crop 0tidavt
found him on Broadway, and sent MN 10 fuher'ohs
office
John @. Brown am not engared IN any pusiness ~
years and have known him well since 1867; have MAD
onsRe e aconaUtsd Will his Handwriting should think
the words, Secretary Of the Treasury on ths paper
eros" crosse2amned by Grcnvie T. Jencks-I not
pleasant terms with Judge FGlerton ,, a., ..no
Redirect not on pleasant terms with him be,
cause he has robbed me- ail on sSC st safnray MIMI
Edward A. Rollins-In May and June, 1865 was Com
fhe oee is bureau IN the Office Of the Secretary
Treasury; Hugh McCuloch was Secretary at that Tune,
and saw him almost daily on matters OF Revenue we
were on intimate relations; VIM. Fullerton IN May ana
S bcnC employed by any one in the Treasury Depart.
Inent: this is letter dictated and subscribed read
This letter is addressed to Fullerton Knox, No. IL
Pinest. New.York, and reads as follows:
OYFIcE INTERNAL REVENUE, !
wAsaSGIo9s' D G: J9y 10 1859
st in your connection proceedings against Collector Bailey
d % has md been , @ taes y y Ts se s sya
w'e to correct any mP[essSn you may have 10 the ' I,
Sert At any tine Of Counsel sgsns, Collector Bailey or
ss y Of Pi t ,aur1 ss S19fi1 a, whatever
:SoS S9 sa aSa sS ss S1ssSS s to the
bs Department IN washington for zoe P seems
proper that the District 'boSd ssl @ ab esrs Who
position particularly liable S1ss Sss
ss'OD' to this effect have been been 9Isr a. ROLLINS
Questions concerning Secretary McCuloch's opinion OF
District Attorney Courtney and concerning the lnsTuc
lions given 10 Beknap were ruled out am At nrosont
an ofcer Philadelphia insurance company; ceased
TO he Commissioner OF Internal Revenue aren H. or ~
for the Government IN September 1865 in case against
myself doubt me fact believe Fese TINS letter 10 DC 'no
this letter, dated Sept 49, 1863 MT Eyarts addresses
Mir Fullerton especial counsel for the United states IN
The prosecution Of the proceedings against E. A. Rollins
and adds The whole professional responsibility rests
with You and the Dstrict-Attorney -,
Hugh McCuloch-I was Secretary or the Treasury IN
June and July 1889 remember an imterye| WIN En Mr
have no recollection Of meeting Mr. Fullerton as
Early as June 1863 did not inform him that had no con-
hdence in Mr. Courtney or that conslusred ar COu[t
ney lukewarm in his duty never used such language
that imply such ideas did not give directions to
Mr.. Beknap 10 employ Mr. Fullerton as special counsel
Cross-examined 10y +. w. StoughtOn-I remember very
well the fact that Mr. Belknap was employed as special
agent York did not authorize INN to employ
special counsel for the Government recolec generally
that he that he should need special counsel
and deeneG 70 bon only he appointed at the
request Of the DstTicAttorney my impression is that
DstrictAtorney. the Department at Washington"
don't reeOllect any conversation with Beiknap about
10 report to Mr. Courtney; don't remember seeing Mr.
Fullerton before September, 1858 ~ 49, ,,.,.os
Joseph GumaD, jr., swOrn-ln 1868, was a Unlteu
Commissioner my office in Nassaust; in the case
lev appeaTed for the Government; held the examina-
tOn the Aston House In septeher loOo anu III con-
i think he must have dropped out; Fullerton appeared
counsel In the case but not nntli after Bncey le
out the closed October Z; the delendahs were all
discharged; Mr. Rollins was never before me. ,,,
smith might have obtained his discharge Oh the test
mony before Fullerton came in - 49, ,,.,,,.,.
Wheaton, Daniel Murray, William Jarvis, Alexander
Crop examined Sent 25l Robert D. anderson, Thomas
Wildwood and L. T. Wood were tie witnesses eAahiDeu
Re-cross-examination-I don't know which we're
Samuel G. Courtney sworD--I 6rst became Assistant
District ft6fney IL Attorney IA april sGS aaa
sSSs and Gsages; Mr 0sbOns Office was directly over
mine in this building Was on the most friendly terms
painants before Commissioners were submitted TO some
June - isSs. / was in my office nearly every
aay, except sundays from to 81 never saw TINS
think did not see 1t until summoned John A. Osborn
before the Grand Jury in November, 1885, never saw
his warrant dated June 70, until the times think
first heard Of the arrest made on tins warrant on he
next day Saturday Monday visited MIR Osborn
ID his Office and told him had heard he had Issued
warrant for the arrest of collector; / asked hlm
nothng to say the subject and would inform me
al about II at the proper uInt inaue oDJecIo W SUN
proceeding but gained no lnfOrmatloh bever saw tS
iecOgnizance until presented to the Grand jury OF
day before; was never consulted WIN reference
20 1t IN any way; was not consulted about the GropP
Affidavit or the warrants Issued IL; knew nothing OF
them until after Mr. Buckley came heard or the matter
from hm, think, early m September hr: Bihckey anu
appeaTed in the OF Rollins, SMITH anu Others, az
The AsOr House before Commissioner Guulan; GrOpps
evidence taken Fullerton came into the case before
Gutman mentoned Fullerton sat with me ana Examined
some the witnesses received TINS letter from MI
Fullerton, III reply to one wrote to MN.
The following Is the letter: -. c.. % 1850
pYDxARsiR Yours received the Snto the
,suer A. BesnaP who has no further eonuecnop N 'h case
pd against formidable character IL should be
,e.aS'S Ssss ~ have written Belnsp subject
70" IN 'On'-'''s Yours. truly w,l FULLKRrO,
In Inc Rollins Case referred this letter Fullerton
said it difficult TO get any Information OUT Oh
lrupped did Fullerton come in don leiinemOer
Fuliertons saying anything about smn asUndgU
arrest him on the warrants Of July MI Fullerton ana
were sitting at the table Mr.. smith ana ms counsel
asked what that arrest meant; told hlm
had learned these warrants were out, ana
they must be executed T m of faitl With whom ~
Mr. White replied with Mr.. Fullerton, ana eald ne
supposed understood It sara Angw nUt a sd in
this Buckley Mr. Fullerton dd not cal MI Dupuy
witness or say anything about pm we
with Mr. Fullerton touching anything said against my
self; were always very friendly we were uen 1U
gother during the investigation Oi Tue NJ
frauds / knew Dupuy. VINO made tins ahldaViti MI;
Fullerton spoke TO about HIM; he said that ne hau
known Dupuy for many years IA orange Coun july
and In New York, and that he reputable man;
had told the President that Mr. Dupuy was d
notOrops backmajler NewYOrk and that lac nad Deeu
IN the Old Capitol Prison, that he man OF no char,
acter whatever in reply 10 that, Mr. Fullerton maze ms
iugfou m or abO Of November;