New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-03-15
THE FULLERTON TRIAL.

SEVENTH DAY-BELKNAP's LETTER TO ROLLINS
CONCERNING OBSERVATION-DISCLOSURES LET
TIERS NOT ADMITTED-DISAPPEARA OF
BIRDSALL.
The trial of William Fullerton was resumed
puncualy yesterday morning in the United States Cir
cult Court and every inch Of available space was occu
pied
Judge Woodruff announced that the Court had consid
cred the nature OF the evidence offered by the District
Attorney Saturday and of opinion that it should
be admitted.
Mr. Plerrepont then read the following letter from Bel
KNAPP to Rollins:
No II BROADWAY. June g. 1863
Hon A. RoLty,Vy D1r Sir: When owing to its fatigue, and
KlanoE seizures, Intended and expected
give the needfal information to SIR Tracy
The accompanying eer now returned useless and w,' possibly
lost in sending TO Gen Knnossk the same orders which given
to Inspector Bace Saturday viz to report to me directly ana act
The eoato Of these important movements, which will eliminate 10
few days be ou5id to heie'e the ring may beat me as
ifvoa deem sgsabe to issue amended powers Mr. Ward has
promised to Tetlra with them without delay am ser, I.'
DlstrictAttorney Perrepont then offered in evidence
two letters written by BirdsalL
T. W stoughton made objection to these on the double
ground that they did 10 the subject under in
yesgaton and that Mr. Brdsal had been put upon the
stand and should testify In person and not by letter.
In the absence OF Mr.. Brdsall. Mr. Perrepont offered
fourth letter dated June 1865, and written by Rollins
70 krZyZdnOwski.
Mr. Stoughton objected to this being merely copy
OF original not proven To have ever been deVercd
The District Attorney cited the statutes under which
he offered copy but It ruled out the Court hold
ing that the original could not be admitted Without
Robert Murray recalled-Direct-I knew Mr.. Beknap
quite well for about year before June 1863 mad CONVEX
satOn with MN IN lhe cary part G tnat hohlh ne ~ 20
thank for having written acttrr 10 the Ifesluho Oh
the United States his behalf, and said he would give
me an opportunity to make money; thanked him
and he SAID he would zee again: | met HIM about
week after IN Nassas eolnnE out ol tlc GoT % ,r
ster Craig inquired II he had received news IRON
Washington about his restoration TO the Navy; ne sald ne
had not and then asked ne remembered the CONVEX
satiOn with regard To making money TINS inJSrNc% III
Nassaust probably took place week or 10 days aiteI
the arrest of Smith.
At this point DIr. soughton made argument against
the admission OF evidence touching what took place dr
the consummatIon Of the alleged conspiracy against
Smith II this conversation between Bclknap and Muir
ray referred any unlawful act which then already
splracy TO make money 1t must also he excluded, mas
much as what we have 10 meet in this indictment j. a
specific charge OF conspiracy against one Thomas L.
smith, and not a general accusation.
In reply District Attorney Pierrepont cOntended that
the conspiracy against smith, so far from being cOnsum-
mated on the 18th OF june was IN truth only commenced
on that day and that the issue OF the warrants Of July
the payment Of the money Fullerton and other i'm
portaut events OF the conspiracy certainly took place
after the date OF the conversation to which objection was
made.
The Court decided the evidence, the aspect offered,
TO be madmsSibe.
Tie DstrictAttorney repeated his offer to prove by
Mr. Murray that Mr. Belknap IN this conversation ex-
planned the conspiracy the Marshal and invited him to
join NJ but the Court again ruled that the evidence IN
question must be excluded. Mr.. PierrepOnt offered it
once more as proof OF "A continued, general, and I'M
finished conspiracy but the Court held that tins
oiicnsc charged the Indictment and the evidence
finally and peremptorily ruled out
Direct had an interview with Mr.. Fullerton at Wash
ngton III November lsCo, at the time Mr. Courtney was
there.
objection was again made and S1r. Murray finally
told TO stand aside
Thomas A. Harand recaled-Dircct-At the date Of
these letters june sGs was Deputy Commissioning OF
Internal Revenue have this letter of Bckuup, 10
Commissioner Rollins, dated June +, 1865 file DO the
ouCe rccuicct seeing n the Office letter from Rollins
10 hry/duowskl dated about June 6. 1905 1t Was the
same IN substance tins certified cOpy there was no
other letter Of this character written at the time; the
The District Attorney held that the letter to Krzyza
ski sufficiently identified by the evidence OF Mr..
Harland but the Court of contrary opinion. aud
did not admit the document IN question. Some discus
SION arose As 10 the letters y McC attached TO this pa
per These proved Ice the initials John McCrOne.
who is "a clerk IN the Department of Internal Revenue,
aud wrote the original letter, OF which the one offered
copy.
Alyal [. Vail syorn-I have resided in New-Y0rk six
years; am somewhat acquainted with Mr.. Fullerton;
made his acquaintance IN May or June, l-C-, III Com
missioner Betts's office; | him aiterward at his
office, No. II Pine-st
Tue conversation between this ami Mr. Fuller.
ton, referring Matchmaking conspiracy against Col
lector Bailey, was objected TO- lnasmuc as the District
Attorney had distinctly stated that he did not intend to
the indictment Tile Court decided 10 exclude MT NdlIs
testimony, and the DlstrctAorney announced that the
Government had no more testimony To oier except mat
OF Mr. Blrdsa, whom the Marshal had been unable To
nd of Mr. Tapey who was too SICK 10 be present; ana
probably OF witness witnesses TO further den
tfy the krzyzanOwskl letter.
Tapley to be r. allied testify 10 detailed
tons with Beknap. beginning ~ May. and concerning
reference certain letters and To statements made To
ham by Beknap, after the arrest In june rs To the dstr
button OF the money received from smith, and as TO
After short recess and some subsequent delay. the
Court decided in the continued absence OF the remaining
witnesses for the Government motion or the District
Attorney, to adjourn the trial until IL o'clock to-day