The New York herald., 1870-03-10

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Mr.. Plerrepont objected.
Judge Wo0drur thought he might give such rumors
they mad an effect upon him IN the oiiclal action
nc nad taken as Commissioner.
Judge Batchford rcmarked-Not general rumors.
put rumors that the District Attorneys 01ice was
not 10 be trusted.
Wltness-The rumors l had heard in reference to
Mf. Courtney prior to this time-and they mere
rumors-as to mis- connection with certain dlstlers
together with what Mr.. Fullerton and Mr.. Belknap
stated 70 me- with the number Of afdavits they were
9etunR az, dld 10 certain extent, impress upon
my hind the necessity Of keeping matters secret
from MT. Courtney.
any other reason. except to secure the punishment
OF OHenders, when you were asked TO issue warrants
OUTSIDE ,. 0 your oncef A. His remarks about war
rants were made with the same view; Mr.. Belknap
told me that there were some cases where the
complainans came to my ONCE, suspicion might be
Witness was subjected to an exhaustive cross.ex.
amination, being IN substance recaptuaton Of his
BY Mr.. Perrepont-Q Did you know any fact
against MI. Courtney that affected your admnlstra-
uon IN TINS mat.crs A. did not know any fact
TESTIMONY OF Ex-MARsHAL MURRAY
lkoDert murray sworn, was formerly United States
Marshal OF THIS district for eight years.
The witness testified 10 the practlca observed in
executing warrants issued by United States Com
Warrant dated June -, 1858, handed TO witness.
Dd not deputize any one to serve that warrants had
no knowledge Of Mr. Smith having been arrested on
ness, dated July l, 1868. Deputized an oiricer TO
serve those warrants on the ist Of sentember'
1888; ; received them on the date set for the
to him and asked MIN for the warrants:
he said let me have those warrants against
them rs they were given to hlm for execution; ne
said he represented the United states In The matter
Mr.. Fullerton and Commissioner osborn had some
conversation which he did not hear ana Mr Osborn
came 10 me ana told me to give the warrants TO Mr.
Fullerton, ana did so; thinks he did not get them
back Till aoout week after; met Mr. Fuller on and
aSkeu MIN Tor tlt WARRANTS. ne SAID he would send
them 10 him. Mr. Osborn subsequently gave them to
MN; me warrants were not served III september;
knew Belknap.
Further nqulry In this connection objected to. OBJ
lection sustained.
The WITNESS was not cross-examined
TESTIMONY OF JAMES G. GCLIcg.
James U. Quick. eXanined-knows Thomas =
hlm on the 18th OF June; first spoke Mr. Fullerton
In Birdsas 0ce Oh the l2th June, 1865; that day
witness was III company with Thomas Il. Smith ia
the supreme Court III this city; was summoned In
THIS case before the Grand Jury smith after The
arrest; saw hun with Windust; Smith told me he
had been arrested ana asked me 10 90 paIl for nlm.
said ne would and inquire into 1t; went with smith
and WIndust 10 this building; wnen they got here
Belknap came in, ana then Brdsal, Mr. Fullerton
ana Mr.. Dyatt also came In; MIR. Fullerton went up
stairs, ana Birosall spoke about adj0urnng TO MS
oIice, anu tney went, smith. Blrdsai. Wlndust and
the witness; Wlndist acted as marshal; he did not
enter the ollce with the others; soon alter they
got there Fullerton came In Smith was sick
and very much excited; there was private
room into wn,cn Blrdsall. Smitn, ana witness went
Mr. Fullerton also came into the private room, he
sat down at desk win paper and INK before him;
Belknap spoke about accepting $50, O0O
objected to TILL IL Was ascerlained whether Mr.
Fullerton was present
The Court cautioned witness to couine his testi-
mony to wnat was SAID ana zone only IN Mr. Fuller.
toms presence.
When Fullerton came Beiknap again spoke about
the $4,000; Mir. Fullerton SAID he did not think he
had any right 10 settle It; Belknap Is sJed on his
righI To act IN the matter
or. Smisn was not then IN the room with Fuller
ton.
1he Court again cautioned the witness to state
nOtlng but Wnlt occurred III Fullerton's presence.
Wilness-fhere was a refusal or the proposition;
Beiknap remained IN the room with Fullerton; VIII
ness spoke 10 dr. Fullerton and SAID to nm that tins
would entail great disgrace ON Mr.. smtn, and tlat
wouiu ne wei to settle IL ir Il could be done without
INJURY to tue government; Mr.. Fullerton said he had
nothing 10 say ABOUT It, that he merely acted rs
co'iIlsei Tor Beknap; Mr. Fullerton then sat down at
Tue desk and wrote something on this subject which
Was taken into tue room To Belknap
lhe witne5s was very nucn confused in his an
sWefs, ahd IL was very difficult to ascertain what
portions OF conversation occurred MIR. Fuilerton's
presence ana hearing from what occurred III hrs aD-
Scnce.
Objection was raised to the course OF the inquiry
tiil iG appeared aIirinattvey that Mr.. Fullerton
heard wuai was Slta.
Inc Court ruieu that foundation was laid for
the course the examination was taking.
;, u DID Bciknap near all that was sald2 A. Yes,
BeHnap heard ali that SAID; NJ. Fullerton W as
present, but could not say that he heard wnat
was SAID; the conversation was he,d IN the ordi.
nary rome OF voice and loud enough Tor a person
w.th ordinary faculties OF hearing 10 hear what was
sald.
u ltH Wnat was Sa1. A. The proposition WAS
tnaG sio,o0o should be paid into Birasali's hands as
Mr., Smith's counsel, anu S20.v00 worth or GEORGE
town ana Alexandra railroad stock, to be used IN
MS discretion III tue settlement OF the case; BelNnap
accepted the propostion Inc parties then got INTO d
caiTage--Faerton having leIt-winess Smith and
Blrlsaii and tile officer WIndust we went to SmiIh,s
house 10 get the money; witness was surety on
Smlths bond ior the Office OF Collector to The amount
or $4,000.
@. What ala Mr. Fullerton saw about your bond
A. sand 10 Mr. Fullerton that II anything was
wrong ~ the matter visited MN TO protect my
interest, and ne sad nc would; we drove from Bird
salps ONCE to Mr.. Smiths house. and there lne
money vas PAID 20 Bfdsall-SIO,00O III money and
SO GO IN railroad stock; IRON there they 70
CouihiGslonef OSOorn's, where he saw Mr.. fuer-
ton; the bond was entered INTO and then The party
eit we got into lhe carriage again alter going
"A Itle way the carriage WAS stopped and We took ia
Mr. Fullerton, and drove 10 tne corner OF
twenty siAtl streeG ana all got out; this the
l2ta of Jans, ana on the next cay Smltn left for
from Canada; ashed aim II he wouia project ms
Interest on Smiths bond; Mr. Fullerton
sad ne Wouid: saw Mr. Fullerton on the 24tn
of June; told MIN that Smith had returned; ne
made an appointment with me to meet nIn with
smith at birdsaips house the next day: he SAID ne
Wisaed 10 see Ar. Smith, we went to Birdsas ana
there saw Mr. Fuierton; the latter ana Smith re-
tired TO private room, where they renamed to-
eetncr about three-quarters OF an hour; on one OF
the occasions set down for the trial oi This case
person came TO his store and made me PROPOSE
ton.
(ohjected to and sustalned.)
Smisn went away the second time on the st OF
July 1858; did not know when he re uraea.
OBSERVATION-DISCLOSURES LETTER PUT
EVIDENCE.
Mr.. Jencks proceeded 10 crosse yanlne the wit
ness, but the only notaDle and Important TACT cited
was presented In the letter written the outer room
III Birdsalls Office ny Mr. Fullerton, bearing upon
the negotiations beld In the inner l0cm between
Belknap, smith and Birdsall.
THE LETTER
was read IN court, and runs as foovs:-
JusR l2 1863
DANIEL G. BtRDsALL-DRAg SIR shall now leave II
Smith has no disclosures TO make and you this note
rather than disturb In consultations stop
once 10 this talk about settlement for authority
TO settle such matter here. 1t must be flashing
ton, u nj all and doubt II II be there You can
try however, and win throw obstacle In way II the
government VIII hx amount that
sum which the government has been defrauded out
OF and accep. in satisfaction well and good
The 0nicer VIII ge. his moIety such a ease,
will institute no other proceedings against smith, while you
are negotiating. lie can be his Journey and
thing wiu blow over you arrange the
quarters IL you do not, however, he trial,
and therefore must give his recognzance with good
VIII attend 10 tins early In the morning. tonight
you wish ioGrs In haste, WILLIAM FULLERTON.
The reading OF this letter was received with some
applause throughout the court.
Witness recoiiected the letter, remembered the
sentiment up TO the word Wasnlngton; stood beside
Mr. Fullerton while he was writing the letter.
Nothing additional important was ehclted, and
the court adjourned till eleven this morning
rs.g gSyeu