New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-03-17
Smith until the Pnckley arrest WHAT WIS WIS
that Interview In pursuance OF Eub.rna

assurance that Smith hadsinormanon nTous,,' A.
Government n meeting arranged al MI. blu mi
house for the purpose OF obtaining That @ mons
IL failed. aud from that time forward ne su w. breach of
with smith, except When being accused OF ap,, 80
faith. he stated the pledge he had given h VIZ ~, pl
the Governments and which from .ne u.s., smith I'm order
60 hnng about this interview, anu u p,n nitro con
this information. This is Judge fulIerom nirdsairs
nection with this ease. from beginning 10 enc E as
presence there ut all il due 10 the isct I ounsl ,n
10 be the bondsman ana ,h,s case where i. the
preference MIR. Dyett In h 'IIs &c ,,"nt drc,u,l
evidence that Judge Fullerton ior ole Ill.,, - d. ia,
Of permitting smith 90 escape the luuE,no,t ,r So
-, ~, RI. consent of the Government me STATE
Prison doors and the jaws OF t"o n, ~ ,,,i,o
~ tbts ,ercd cxoron has sat here IN inns courtroom
from the beginning Of the ulai utWo,n. Mlsnn tlS
ana 81 the four there one, and one only 10 whom we
felt could make any appeal Ior Justice. cial
else it's power. II your Honors believe as we do that
there was no conspiracy on the part OF william Fullerton
fo bride an officer TO NEGLECT his duty, then we say yonr
Uonors cannot and will not send II 10 the jury 10 infer
guilt failure Of the prosecution 10 prove IT. is
IL that this man i crninalt IL lac entered into
this conspiracy II was without temptations Without prce
without motive without fruit Not one dollar of this
money touched ms palm. He Is guilty on
tins crime than the United states Attorney who ~ his ac
cuser submit your HOnors, that IL Is time for this
Court 10 uterpose, aud even though the United states
Attorney should still keep bis heel upou This Innocent aud
houorod brother the Court should not suppressed ap
plause.
DstricAttorney PierrepoDt said, response. that he
proposed merely tie facts which lac felt II his
duty 10 present and shall ASK the learned counsel In
his reply TO explain them toyour Honor as shall satisfy
yOu that he right IN the views that lie takes aud he
shall So satisfy you shall be glad " he cannot then
your Honos Will act according to yOur own convictions
This warrant accuses Thomas Is. Smith OF receiving
brides. Did your Honors hear Of Of bribery
being compromised at Washington for money Three
day Of May by Mr. Garrett :. Mott. II your
HOnors will take these two assignments yen will discover
that they are IN blank, as they were on tbe Gay tDey
were made you Will mud that there ID no stamp upon
them There is no stamp upon The one that was to De
assigned TO Birdsal and neither o' them s ever pee
recorded to this hour MI Gale conveyed the Impression
written in this assignment on the 10th OF June but when
come to cross-exsmne him. he can only say that he
10 written something like this lie also lea US 10
think that Mi BirdSali took ths MoIt mortgage away
with him hut IL appears distinctly from INC Iel'er Oh
IN Fulleron's possession. Tho defense has never
produced evidence OF one dollar ever haNlDg
been pald upon tnat nor'gse. Wis, o1, "f
paid only Mr. BrdRl IN October and yet TOOK
strain for ten days ana Win SIX able lawyers the
other side watching against me at every point 40 hot
with that of your HoDOrs; and # snail be your Judg-
ment that there is no evidence IN TINS case on winch
should 20 the jury, then am satisfied ana more tna
JnGce Wooaruf EXPRESSED doubt as to The right Of
the curt in such this to direct that the case
shall not be eft the jury but various convincing ar
"rents and nrecedeuis in support Of this night
cted l,y The prosecution well the defense. Mr..
Sougbton then proceeded to say that tins direction
which we asR is not merely hollow privilege II is
statement with judicial sanction, that the accused
has been found 50 gWess OF the crime chaTRed tal me
Conrt nstrucs that he be acquitted. aud this in
some sOr, is kind of reparaton 20 which defendant
wrODgfulIy accused becomes Justly entitled; for, by
such certifcaton that the learned Judges fud in the
whole case insufficient evidence warrant sending IL 10
the jury, he IS justified OF men. with one nnlnaeUh
exception there is not a single disputed fact in this
Whole case The evidence presented by the defense is IN
exact harmony with the testimony presented ny the
and is only the ana exact filling MP
what left 10 extent in skeleton form by the
prosecution There is not fact established which either
inconsistent with innocence or not IN eGtlre harmony
with innocence The testimony down TO the 18th Of June
does not raise suspicion but the District Attorney
says II Is for us 20 explain the MORTGAGE transaction
Fortunately almost pTOvIdenildIy the papers are pre-
served which establish exactly what That TRANSACTION
was Blidsan states that Fullerton applied 10 NM Tor
loans and lac made them, and II y clearly shown Una.
this transaction was contemplated long before me ueU
TINS alleged conspiracy Inc letter OF May !" SLOWS
That Bds had agreed early as at that date I" aks
this mortgage, ami Chalss testimony SHOWS that Bird
SAL Was the man VINO ana advance the money fu'Ilon
got check OF 5000 from his partner and then received
from Brdsa at intervals Of few days, the money with
which 70 repay this 10 his partner At least two
witnesses swear that this guaranty was gwen ON lhe
goth of june II also clearly appears why MI uerton
paid back only S1OVp IN Octobef ana u IL Irner ahoNh
that it by the advice OF Mr. OCUuor that the money
matters between Fullerton and BiIdsal were LETT I'M
settled The nctAttorney asks tIuhiphahtlN u d
Of bribery can be settled for money Jndge faiSr
sand THIS point II u Is settled at all 1t must lie
done Washington, and doubt II it can DC done even
there The DstrctAttorncy also says that two OF tc
assignments arc in blank and unsamped Very true ior
they naturally TO be assigned 10 some third party,
and were properly left blank and unstamped unti tha'
At the close of Mr. stoughtoDs remarks Mr. Pierrepont
adjournment until today to give Time Tor iuI
the Jury acqut The defense protested and Mt FOR
ter said: The question we submit to your h9nor Is,
whether upon these nndspued facts the accused is not
After little tue spent in dohberaticn, Judge Wood
ruff announced that the Judges would render their decs
Iops separately Judge Batcord stated his view a. to
the gut of the Court TO instruct the jury IN such case
es ms aud then while the crowded audience hearkened
with breathless attention, the following Judgment was
Judge Blatchford-I have hesitation in saving that
II this jury should fnd verdict Of guilty should feel
my duty to Say that there ought 70 he new tlla upon
tie ground the verdict unsupported by the eV
conce lAppause And for that reason au III hvor OF
giving direction To the jury TO ma NerI LOT the ue
PENDANT
Judge woodrnn-In the conclusion stated by my asso
ciate, concur without any hesitation; applause
The Court IN entertaining the motion disposlhg OF Inc
upon grounds strictly legal 90 not 90 50 WIN any
doubt as 10 what The Neldct Wou De iuI we az. vi .
assumption that We were 10 70 through the form OF
submitting tine question OF TACT ~ iHls case 10 me Jury
feudant. The progress Of the al showed mat there
were facts which II III should be planned aud We
think II matter oI cohGratu!aloh lldI, on tle "ioo
case even proof offered by the prosecution Is seen 10
he in harmony with the pufesI integrity oi Tue Hocuseu
Judge Woodruff reviewed the evidence briefly, and
finally summed II up IN the words: No case has been
made which would at all warrant the jury ia nhdlhS
"a verdict Of guilty
pont generating lis associates from any suspicion OF
having been actuated by improper motives the jury,
guilty" Ii extremely difficult TO restrain the en-
thusiasm OF Judge Fullorons friends, ana when
the Court adjourned their pentup emotion broke forth
In repeated rounds OF cheers Tor the hOnOraby acquitted
defendant and for his indefat'sabie counsel.
--------------
SENATOR WILSON'S BILL TO PROMOTE crvIIlzA-
TON AMONG THE INDIAN TRIBES.
The following is the text of the bill intro
duced recently by Senator Wilson in the United
Senate
promote ne Civilization Of indians ard to prepare The" for
nj hts and Duties Of Citizenship
SECTION lie IL eHdced by me Senate and House OF Rep
ytscuLres Of The UHed states of America at Congress
assembled: That the President be and he IS hereby an.
torzed and required Immediately after the passage OF
tins act to Board of Inspectors for the pro
lection Of Indians amy with the United states ana
Tor he promotion OF their civilization, by the appoint
en with the advice and consent Of the senate OF hYe
Inspectors taken civil fepersons well known for
Their intelligence and phlanhropy-who, win the Sec
rotary Interior and the Commissioner OF Indian
Affairs for the time being, shall constitute sad Board
Tine Secretary Interior shall he the President OF the
.hcE uhen nrnaniLad shall elect seCretarY and