The New York herald., 1870-03-10
THE FULLERTON CASE.
TzrRD Days rRocEnDIMas
Examination Of United States Commissioner John
A. Osborn, Ex-United States Marshal Rob
ert Murray and James Guick-Im-
portant Letter Put in Evidence.

VAs murray oA0 SoAAoS N3AAOA-AAAr
portaut Letter Put in Evidence.
The trial in the case OF the United states Va viii.
liam Fullerton was resumed yesterday IN the United
states Circuit Court, before Judges Woodruff and
Blatchford. There was no seeming abatement IN
the interest which has hitherto marked the proceed
ings In this interesting and important case. Tho
court room, as on the previous days, was densely
thronged, but the same good order and decorum be-
tore noticed ss prevailing was maintained through
out yesterdays session. The sitting was protracted
the court not adjourninR till after nve O'Clock.
When the jury had been called and answered to
their names the examination Of witnesses was re-
sumed. The first was
COMMISSIONER JOHN 4. OSBORN, RECALLED.
Examined by District Attorney PIerrepont
First became acquainted with Belknap about the
7th or sth Of june 1868; am not positive that
knew Belknap personally till met him at Fuller
toms office; on that occasion Mr.. Fullerton said
nothing Of the former relations witt Bclknap and
knew nothing OF them; knew Fullerton since lSeO
came from the same county (Orangel with Mr.. Full
ler.on.
O. State the nature Of your relations with Mr.. Ful.
lerton as to terms OF intimacy and confidence. A. 1
FIRST read law in his brothers. Office in Newpurg for
year; came to New York September, 1860, where /
commenced my studies In the oillce OF Emerson IL
Stevens In the same ONCE with Mr.. Fullerton hav-
ing the use OF Mr. Fuerton's library there, and 1t
was while there and in this way became acquainted
with MIR. Fullerton, and the intimacy then formed
renamed to the present time.
q. Had Mr. Fullerton anything to do with your
procuring your present oilceY A. lie lnterceded to
some extent IN getting me the position now hold
u state the relations suossting between you as
to your confidence In anything he SAID TO you A. 1
always reposed the utmost confidence in his word; ;
his word was law to me.
O. You had no DOUBT OF the truth OF what he said
about the secretary Of the Treasury having no
ndence IN the tnen District Attorney Mr.. Courtney
Repeat what he said on that subject. A. said yes
terday that Mr.. Fullerton informed tnat the Sec
rctary OF the Treasury had no confidence IN the
District Attorney that ne was delinquent in the dis
charge OF his duties ana very lukewarm IN prose-
cutting parties Tor violations o the internal revenue
especially distillers that Beknap currobprated that
statement and tnat the latter further remarked at
the Time that warrants were accumu!ahng against
partles and the time would come when they would
have 10 strike against Courtney. and thaJ ne
(Belknap) mad employed Mr.. Fullerton az special
c0unsei under the direction OF the Secretary OF the
Treasury.
z: Apd you believed the statements then made ?
A. 1 dld.
about this timer a. have no distnct recollection
OF having seen him IN Mr. Fu.lerton's ollce; saw
HIM on one occasion when DR.. Blaisde came for me
IN carriage 10 20 and swear some witnesses To aif-
davlts a. II broadway, Bel1nap's Office.
q. When did you become acquainted with Bel
KNAPP A. About the same time; | iirst saw him
either about tins building or at Il Bcoadway; he was
acting for Belknap IN getting witnesses and he
would come as messenger to my once and inform
Inc from BE knap that there were parties who wlsncd
to be sworn At his once and inquire whether /
would go 10 II Broadway TO swear them or whether
they should be brought to my Office
q. DID you use the expression used by Belkuap
that there were bushels Oi allilaviLsY A. les.
q. Nnat did Beiknap say IN tuat conncctoni A.
He said that aiiGaVtS were accommodating verv
rapidly, ana that they would soon nave bushels OF
them.
Ghere followed repetition OF questions and an
swers reiating To Fulertons VISA To The Witnesses
house on the i2th or June, 1865, at the time when
Smith was bailed by Gnlick anu taken away IN
carriage by Quick ana BrdsalI, Iui particulars
OF which appeared III yesterday HERALD
z. When Mr. Fullerton came 10 your house on the
ment mad Deen made to get money from SmitnY A.
The subject OF money was not mentioned
2. You supposed tnat smith nad been arrested by
marshall A. did.
Yoa did not suppose 1t was sham arrests
Q. You stated that Fullerton called ut your Office
on the day Smith was arrested, and PRIOR to his ar
rest, and got the warrant from you anu then took
away; when was that warrant brought backY A.
That am unable TO answer; think not for Two or
three days aiLerwards
Q. state what Is the custom when person is
arrested and gives pail with regard TO tue endorse
ment on tue warrant
Objected Question admitted
A. II Is the practice, when defendant Is brought
before me Oh q warrant and cutters into recognl-
zance TO make an endorsement the pacK OF the
parties appear before me with their attorney, the
Marshal not being present, and enter into recorn
Zances; send to the o,lce for the warrant, IN
day or two afterwards make minute OF II III my
book and put 1t on the hle the practice Is for the
Marshal to Keep the warrant, but legally the warrant
should be returned to the Commissioner, VINO liz the
proper person TO Keep lt.
The recognlzance and bal bond entered into by
Smith at witness house was then handed to nm
ana TO questions repleu:-
A. That recoynzance has not been filed.
q. State why thus bail bond ana warrant took a
course so different from the usual course a. Two
three days after Smith had entered into the re.
cogrlzance at my house MI. Fullerton came 10 my
office and stated to me that there nad been a mis-
take In the execution OF the warrant; that he had
given the warrant to Belknap directing him TO go TO
the Marsnai IS ONCE aud get some person deputized
to 1t; he stated that Beknap by reason OF his
position as Special Agent, thought ne had nearly All
the power, and felt inclined TO give II 10 another
man TO serve; he may have mentioned Mlndust but
do not recoect; he then asked me whether the
service or a warrant In that way was proper SER
vice. and whether Smith was legally arrested; l re-
piled tnat perhaps he was. he having heard OF the
warrant being issued, and having pecn served upon
nm, and having entered into recognizence but tnat
1t was not the way wanted TO nave my warrants
served or to nave parties arrested.
O. WnO was District Attorney at that timeg A.
Sainue q. Courtney.
q. Did Samuel &. Courtney call upon you about
this matterf A. He dla; he called upon me and
asked II had issued warrant any eX.co
lector OF internal revenue; told him could NOT
answer the question. and | wished that he should
not ask me any questions about IL; that when the
proper time came would Inform him Of everything;
never denied IL.
o. When did you first tell Mr. Courtney or that
warrant and bondY lODected TO; sustalned.)
u Did you see Smith alter the arrestY A, saw him
in the fall at the time Of the examination before
Commissioner Guttman OF Messrs. Rollins, Harland
& Smith.
The aflidavt OF Alexander Gropp. dated July l.
1865, was sworn to before me- there were two war;
rants issued on that ailidavt on the same day tor
the arrest OF Thomas L. Smith.
q. Who brought you that aflldavt? A. Mr.. Knox
fulerton's partner.
q. on the day you issued these two warrants did
you see Mr. Fuilertons A. Yea saw him in this
building.
q. state what occurred between you at that timo
with relation to those warrants? A. After ] had
signed the warrants / took them 10 the Marshal's
ONCE, and told the Marshal that had two warrants
for him to execute against Thomas u. Smith; leav-
ing his Office met Mr.. Fullerton, who then asked
me II I had Issued three warrants; said no, that
did not tnlnk the affidavit would sustain the tnlrd
charge; he asked me next If l had any obiec-
ton tn his taking those warrants to his onice
l think he stated at the same time that
Smith was able to give valuable Information
anu ne wanted to be sure OF those warrants; told
him that the warrants were IN the hands OF the Mar
sha; we went to Mr.. Murray, and SAID "Here Is
Mr. Fullerton, he wants to see the warrants;n the
Marshal tuen handed the warrants either to me or