New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-03-14

INFLATED The learned counsel stopped him. and "sked
E Eman he replied and 70 your Honor viii remember the
interruption occurred perpetnaliy 40 nUo ~ Who
it was proper and dn 4y ayery instance he said hey"
meant Belknap aud Fullerton; and mat these oohEc te
tions with him with Belknap and fuefton' Oei0i
the issue Of this warrant against smith 10,
Well this large fund "ns 10 DO ey agr"ed that it
Was TO be divided into four parts aud tnat eacn VIA
have fourth OF the net pI2GeGGt & 70 he isnnder
stood the moctics that to be obtained were 10 "
divided. the net proceeds aer pay s RSt i6".e
were the ones that were to be prosecuted ~
w Court after The expenses paid" The net pro
ceeds were be divided and he waa 10 nay III, In
ment They were Fullerton, Belknapand ny 'e1 CIV
let us see. Something was Had about , nrosscufe
some to hebtter end" and he named Collector sphuin
ing who had just taken the place OF CONCEIVED 70 the
bitter end although he had Just come IN ana eoHu nUs
have made very largely radH GTe which was to be prose
cuted 10 the bitter end, ana theIo were 70
Ie cSlled victims" when the victims bad been pros
ntcd and the noietes dyidedthe net proceeds AFTER
ali OK penses, he was 10 have OneIOnrth' bN'isui -.
e,Jd II; Court were TO be divided the same way ana
that he was have ouc'iOurth or INC net pIo0etus
dnwn w matter connected with this He says
he was there urging Fullerton 10 nave some money SNOW"
inc that he was in want and urgent need OF slO' ana
that finally after negotiation with Blaisdcl aud Fuller
ton, Fullerton let him have soT, anu nc that as
that Fullerton says hc was ehtltlcu 70 lhat as
share OF smiths money ne sMGafs 5hn, Jmuse
grfp sd
share of that money We asked him lie ever gave any
ohatel moftgagc or any sec ~, 81 re trace
The 81 500 little further. Fullerton had received 5000
Of Brdsol mostly IN June the Iast payment o. ~"
being the 9TH OF July Bd.aiI had gone on 10 ara
tog1 Willie he was there Smith had been arrested as
We show and Buckley had come on Fullerton had had
the letter OF the 18Th Of july Sh2W!nR JpaE. pe
was rrpudIaled as having any authority from
tie Government There IL trouble and danger
coming up, and finally he gets Birdsal down here on INC
lith OF September telling him. want you to NIX up Ihe
money matters beween,us and he gets Lm TO me ONCE
to take mock mortgage or assignment OF mock mort
gage. seems TO have been the first that Brdsail
had seen OF the mock mortgage. lie gets tue mock
mortgages and he tells Blrd,au to write whatever
mortgage or assignment rather, guarantee ana fnL,
the guaranteed He dates 1t June the Goth. Yet TINS
was the 18th or 23d Of September. and on
tembcr, and Mr.. Knox fixed as the lih of Septem'
Der and put his date upon IT, Now Mr. Knox is called IN
the paper Is antcdatcd; aud what does he dor He
writes bis ~ witness, but he has the wisdom ana
name, showing That he was not going be party to
witness antedacd transactions which was made Oh tne
and a knowledge part OF Mr. Fullerton and on the
that 81 zoe had been received from Fullerton and as
he had received calculated the interest and deducted
from n the 81 800 which Fullerton had paid to Baisdel
Now what you going To do Win that Slooi img,o
was 81 800 paid by Fullerton to Blassde; no security
taken for it OF any kind; and when Fullerton anu h
Brdsall came to fix up tier transactl0h Oh To
was entitled have 81, cr as his sadFo and ID
tle matter fixed up In that way. Now We 80 a sltR
further This was the ith of September, and you VIII
lev ere then going on When this mortgage matter was
thus xed up, the 81 Of October the Bnckley prose-
cntIon was through Then Smith demands some n0uey
back of Brdsal he tells yOu ana he went TO Fuller
ton and told him that he wanted s!Wo OF that money
0uestlons and rulings that came up, ana now
the testimony was admitted lie tOia INN Nhat nc
wanted II for and then proved by Blrdsa that he
got IT, that when he got lie gave il to smith and 1t
answered the purpose for which he got IT, what then
,,t,s IA Inv of tgt
from Fucrtoni Fullerton gave him receipt in his own
RccyeI 0s 1853 from D. C Bri., esq bond and mor,g.
for IS 60 heretofore as,5ue to bun 81 o. h aAyag .ySssl
thereon this DAY, $2iVJ, NlLLiN fULLEkI0S
Now the bond and mortgage given back that day.
After that Smith wanted more money, and few days
after that 81 100 more was piu ny fuedtoh TO btus"
and he says he gave that to Smith, and IN all lie gave 10
lie paI 81 600 after he got the $4,000 from Fullerton
and the sl,lO0 pad subsequent 10 that II under
Now Mr. White states that when he had with some
feeling charged that the rcarrest Of smith was in bad
faith Fullerton gave White suppose that he did not
know about these arrests and responsible took
him aside and talked with him about It, and hoped he
would feel any unpcasantress IN consequence tbit
it his fault He Procured these warrants to be
issued. II that It not he that had the arrest
made. He took particular pains that smith should not
be arrested upon them ana had gone on the ISL OF July
ard taken them away from the Marshal To prevent the
arrest and he gave them back 10 Mr. Osborn on the et
Now whether this evidence OF these acts aud doings OF
the parties OF Bcknap and of Fullerton rs brought so
may times together repeatedly together in connection
with Blaisde in connection with Blrdsa and IN con-
nectOn with the first warrant, ana with the last war
not SulllClrt PFiWu Jdte W W
imry for them To say whothcr their Judgment, there
WAS combination between these parties To 40 tle aeV
that was dOne-iO wit to eXtort money from MI smith,
that Is question your hohors VIII nave 10 pass upo.
and If there is such prmd tde.e evidence tending 70
tIs other evidence which we are proposing offer But
frankly cOnccdc. said in the beginning that H.
preso tcd before you you say that your Judgments
there such evidence that pfmG tdeie tends toward
establishing combination between Fullerton and Bel
GgP n a OF TSn & i, NOW offered to be given and
that il pXl a.
too say upon it, It is foT your Honors to say |
you think about prima faeie case OF evidence |
tending show this conspiracy proper for jury TO con.
at Washington, while this furious attempt was made TO
get out Of the way arr ne hia ,
In the of the President when he mad stated
and yonched for him as RESPECTABLE proper man TO be
believed and when you add to that the effort that was
Washington aud aid in getting Courtney removed, with
that lie nlay) should be protected against
having committed. that Mr.. Courtney would in very
short time be 6a ana person placed 10 0se
these together your Honors with that discretion and
to the conclusion that there is no pra dcie evidence in
the tending To show q combination between Fuller
aud Belknap your Honors will rule, and shall
submit
After brief Mr. Stoughton replied to the motion
in these proceedings where the DstrctAtorncy asowed
that his efforts to prove this alleged conspiracy by direct
duce Beknaps letter the theory that the declarations
Of Beklap arc eyldeuce against Fullerton. IL seemed
that both The prosecution and the defense agreed the
law which Is well settled that before any acts or de-
claratons be given in evidence against prisoner
the conspiracy must be established by other evidence
Then, and not till them are they competent evidence
against one charged with conspiracy The defense now
insisted that only there evidence agaiust Mr.
Fullerton, but that the evidence introduced by the
prosecution absolutely disproyed any Conspiracy what
ever Tho olcnse charged il. that agreement, q
conspiracy, was entered into between Belknap !
and Fullerton. TO commit crime In viola |
lQl VI section % Of the Internal Revenue law In