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

Win tHe usage, anu Ill
been asked him days prior to this transaction he
again had an interview ha,orN t Sh ss@ @s Of
S. vsrTas and SS the Of bis
necessity of Its being executed by the Marshal aud
tn he had the to anie nm a Mr. F"
erton desired the proceedings TO be kept secre, anu
reedings to be taken, and bushels Of aldavs Then
for the secrecy suggested he was oid py fu
eron and by BeknNp that the seere,a1y o. e
md that eventually they should proceed against MI
and wished IL kept secret from hn. 10
Mr. Osborn says he believed him, and undoubtedly ne
did believe him he had right 70 believe him; no ula
believe that the Secretary OF the Treasury had
as they stated him. Mr. Fullerton rs special COUNSEL
under the direction to use his words OF the Score
tary Of the Treasury because he had no eohnao,So
Mr. Courtney, the DistrctAtorney ana rs ne say 81,
REGARDED Mr. Fullerton the DstrctAttorney IN .hs
subsequent proceedings" and he followed ana 'rca'ou
him as the Distrct-Attorncy as we shall SHOW ..ao
This affidavit sworn to by Jacob Dupuy, one on these
defendants was taken up to Mr. Osborns office the lth
of June Dupuy had first sworn to H. as you nave sen
before Beknap Mr. Osborn would not take IL 10 oh
way, and issue warrant upon IL, Dut IcIu. T, bad
resworn TO before him, and 1t resworn TO- ~ hau
hcen sworn 10 that same day. viz the nth OF june De-
fare Beknap Now if this business could have gone on
without the interposon of Mr. Osborn and Mr. Pc I,
imam could have taken these bushels OF aidaYts ana IL
ou these bushels of afidavits Mr.. Osborn would nave
len, himself 70 issue bushels OF warrants, land
Office business would have been done. But Dir;
Osborn would not lend himself TO transac'on ,, VI
this kind; he declined it, but with MS commence ~ W
Fullerton ne issued the warrant upon this affidavit anu
SO soon as he had signed the warrant MI Fullerton ap,
Ec wants TO take this warrant aud to talk with Mr. Knox
aIont NJ to show 1t to him he wants to be sure 1t Is all
ndence in him allows IN take it, and he goes away
with il; Osborn expecting him, rs he had PROMISED 10
bring II back as he told him il ought TO the Marshal
He asked Mr. Osborn about his power TO depntze some
one but Mr. Osborn did not dcputIze anybody ana du
not undertake to- aud told Fullerton 10 one Dut Tue Mar
Mr. Fullerton takes the warrant and goes away It has
all the proper forms, il II signed by MI OsDOru ~ run
IN the name of the United States 1t has printed UPON
" Samuel g. Courtney, District-AtOrney DOth Hnsiuc
and outside it the seal upon it, aud has every %
nece OF papcr 10 he put into the hands OF aVagaDon
named Wlndust, TO go and take nom etIA i ~ Inn
and through that power aud process eeIe" 0'' VI 1'
Before any time had passed. any considerable time
after Mr.. Fullerton had taken this piece OF pdpol ~
these nnwcrs i'm il TO arrest and deprive citizen on us
liberty il somehow or other gets into the hands Of hs
Windust, not Deputy Marshal, and never was, W. @
no authority or power aud had and he goes 10 al
rest Mr. Smith he is coming OUT Oh tno op - tbis
Then what appcarsi There appears III tie h VI hs
bmIlinC near the Marshal's Office coming across o
street. at about the same tlme. anu inc usrshaI
m the hall whOl Mr. WiLdus tile sham MAJ ~ ~,
having in his clutches Thomas f. Smith, and under lhat
warrant ne is brought over here ana Belkhap and
the same moment, and presently Ist befofe taken
tho warrant from Mr. Osborn's once on tto wss ali
that IN was TO be shown to Mr. Knox 10 see u wa a.,
right WHAT are you GONG 10 MAJ 90. " an mat sub.
il is and there IA no conflicting testimony on u 'nd
ec Mr. Fullerton goes up 10 Mr.. Oopoths JIM,
r Dyett who had been defending Mr.. Smith III another
su likewise goes mp and he tells Mr Dyc as ne nau
fold Mr. Osborn before, that he represented the
men and was IN appearance anu ~ anrnev
born had supposed he was, AS the Dislrct
Drpa
the prisoner, Thomas l.. sluth. Gulek, .'e ci Nov
smith, and Birdsallgo of up TO Brdsi oc ~ 80 w.
lei MS trace them up Birdsailr oiiice wheh my ~
there: When they start Fullerton up in Osbors room
us prisoner has been Drought 10 ho l"i @ .
office and the Marshal is ignorant OF 1t lie was HtNo
Hrnnt 10 the Commissioners office on this warrant anu
has not been to this hour; but ne Is taken UP 10
Office and there entering tho entrance ROOM presently
Mr. Fullerton comes In and down at the desk Mr.
GuCk remains there, but smith Is taken Dy i'usa
Brdsal's private office, and negotiation Vi sonlo Aii1
goes on. -,
Well 100 "a talked Of by this loud'a!ng, halfin-
toxicoted Bclknap pretending 10 he clothed WIN an te
newer OF the Government of the United Satcs thus 10
Pytnrt from his fellow man. under the fear OF disgrace
and pnni.hmcnt an that hc had. lie talEo loudly OF his
ca m1 in his andln state; but When learning that no
uch ann bJG SIR smith. and the negotiation goes on
further what happcnst Mr.. Fullerton hai tpIn MT Us
born that he thought smith would "squeaL NO" l.t us
see.
When he was there at this Office, with his friend Gnick
he was not squealug somehow or other the pressure
had not been brought Win suielehI io''o W OH" VA"
Now; LET us see what occurred viii you let me have
Mr. sewaidIWhci particular one do You refer to-
Mr. PierrepOn-The one written Ia Brdshlis once
which caused so much applause when leau l tnis Iol,
Birdsall aud smith arc III the private room iutIloi
and Gulick sitting by desk m inc outer room, ahu
the proposition about the 5000 hld Deeh ELa' mae'
say even before Fullerton had redcheu he oiice
lrfton said he acting for Bekna rs lie undoubtedly
was setng " tsd Iy o %eTs Win yIg yemempe ac
smiths official bond; smith was collector, and
Gulck his bond for tho sum OF t|OCoO GuIIck
tells YOU he had never seen Mr. Fullerton until no met
him there Office or II he had seen HIM. he never
never had spoken with hun. Whether he might
have seen him IN the street or not
don't know now; what then occurred There the first
negotiation had been rejected; there Is Smith and BIIdsa
office and Mr.. Fullerton sitting at The desk,
with Mr.. Guck Smiths friend, by his side. But the
was not prOsperlng very well Ihey dli not
seem to get on they could not come ny 10 the sam Oh
money demanded thea with MI Gnek st,ns ny 1i
Quick Smiths friend stranger who had never spoken
to Fullerton until that hour IN TN, so sg o in ih
room" shall leave" aud then he goes on 10
state what might be done and what could not DC done
and he says, 81 will Institute no other proceedings
against Smith while your he can dndy
Oh his Journey and the thing VIII blow over you arlahS
the matter at headquarters" II you do not however he
stand his trial. and therefore must give his recog
win go9d sure,es MT, brdS tes you WpS
and on the receipt OF That letter. he say5
talked with Fullerton on the subject ana AFTER ne went
out aud talked with Fullerton. he went back having leit
the letter upon the desk, and found Smith reading IT,
That Is the amount OF it,.
After that was done money arrangement was made
by which $1,000 In money aud $4,000 In securities were
TO be given ana that was stated ~ the outer once ana
they agreed to 20 up TO Smiths house to get the money
about the bond Thcy DID 400 Sey made that 70 srrne
ment. Wndust, the sham Marshal Gulick and Blrtisal
and got the money and when they got the money they
down 10 Mr.. Osborns house In Seyenteenth-s and
Now, let what occurred when they got there.
waen they rsasaed there thsY found Mr. Fullerton
the bond low, that he might want to use Mr. smith, and
he thought he might "squeal he was in condition
then 10 suuea-anu ne might NIX ~ AT $OO Osborn hay-
ing fixed 1t before at 5000 Here was one the Dis
rict Attorney prosecuting In good faith as II Is claimed
for Belknap, this Thomas H. smith Look at that. and
II you escape it, He meets the surety, whom he
tells Osborn he knows who IL good. who s Smiths
official bond and he Is prosecuting Smith for crime in
violation OF that bond, aud yet what does he do 7
He tells Guck that he will take OF him on that
bond and he makes that arrangement al that very office
OF Biydsall az that very hour. Yet he U.s. District
Attorney prosecuting In good faith Thomas l.. Smith,
making an arrangement with Guck his bondsman, that
he shall be hurt, and telling Osborn he is good aud
take him for 5000 fMr Courtney the
had done such thing in prosecuting al offender well
might the Secretary OF the Treasury say he had no faith
In him. and well might the President Of tue United States
forthwith have removed him.
Now, what happensi Here is this bond given In a. CO.,
aud that Is kept away out OF sight they and
get nto the carriagesmth and Fullerton and Gulick
aud Birdsal-and they come up 10 the st. James Hotel
affsrhe