The New York herald., 1868-11-26
NEW YORK CITY.
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THE COURTS.

The Resenberg Naturaiixatfen Case.
Refnre Indrea Nelson and RlafchHnrd

uMIku SIAIES CIhCuII CuuaI.
The Resenbsrs Natursixatisn Case.
Before Judges Nelson and Blstchford.
AA6uAnNT OF COUNSEL cIosEp-THB COURT N
SERVES JUDGMENT
fhe United States us. B6tamtn B. ROsen0erg.-
This case was resumed yesterday. There was, .
usual, large audience, who listened 10 the argumen
Of counsel with great attention. Notwithstanding tn,
ory nature OF the subject. The argument OF one o
The counsel was, however, sun1cient compensation
1nr listening an hour or two to the more unimagna
nve ana prosy utterances Of others OF the learne,
counsel.
CONTINUATION OF Ex-JUDaB DAVIES ARGUMENT.
Mr.. Henry e. Davies continued his argument oi
behalf Of the prosecution ana against the motion 4
Suash. He claimed that he had already established
the universalty OF the twelfth section OF the act Of
Ael3. II had been SO held by all the courts Of the
country.
Judge Nelson remarked that that did not need any
Surther argument IL was an amendment OF the
naturalization law and that was the whole OF it.
MI Dawes went on TO say that that being CONCEDED
the thirteenth section had the same operation. 1t
Vas regular dddendunn to the twetn secuon. on.
words Scerslcate Of T citaensip' % had been used
He argued that the certificate therein auued 70 was
the certified copy OF the record Of M S,aan
What Congress meant to protect was tue evluehce
OF citizenship. The certificate 0l NATURALIZATION nad
been always recognized by Congress tne courts ana
all other public bodies evidence Ol citizenship.
The certificate was an entirely different matter from
the record from the exenplncatlon OF tne record
The twelfth section having been conceded TO be uni
versal in lts application, the thirteenth section II
there was any Ambiguity 10 It's yerblage, must be
construed in conformity with the preceding one.
Judge NeisOn-What do yousdo with the second
cause-"forge counterfeit any certificate or EVIL
dence o. citizenship referred to IN this acts' The
fourth section refers especially to evidence OF ci
senship. You must therefore go beyond the twelfth
section the purpose OF c0nstrung the thirteenth
because refers terms to the fourth section SO
that you must look at the whole act.
20 do SO very canddy the vew NAVE thsa en-
take OF II would be simply that the words referred
70 n n ao, have e the
reefed 70 IN the act and not the certificate or evi
press,y for the adoption OF regulations by the Presi-
deAf as 70 the evidence winch should be gwen. Does
IL not refer TO thaty
MIR. Dayi es-i think not
Judge Neson-Hould 1t not be material to make
false testimony forged testimony there crime
as wei. rs forged certificate?
Mo Dayi est would be, undoubtedly.
Judge Nelson-ThaG Is obviously the fair cOnstruc-
ton oi the act. But according 10 your construction
you would limit the thirteenth section 10 the twelfth
VI course then. there might be false evidence
The ourh section without any provision for punish
ment.
ar. Pierrepont-The evidence OF citizenship is q
different thiLg from the ceTtincate.
Judge Nelson--i agree 10 tnat.
Mr.. pieITepont-l think the Court is right.
Judge NelsOn-Cerlainly. mentioned that because
counsel seemed to think that there was some force
IN seeking 70 conhne the construction OF the thIr-
Tee nun section to me twelfth while 1t obviously re-
Iers 10 other portions OF the act.
Jr. Davies-lt refers to The whole act agree TO
that And this section was extended to cover the
wnole, whether certificate Ur evidence OF cItiZen-
Judge Nelson-I agree to that
Mr. tleriepont-We wish to convey TO the mind OF
che Court that the evidence OF citizenship referred
70 is different thing from certificate
Judge Nelson-Undoubtedly agree to that.
MI. Davies-Tnat IS precisely why can the atten.
i0n OF the Court TO the language OF the fourth
from one View OF ii, and the provisions OF The
thirteenth section embrace the precise case now
before the Court. lapprehend that your Honors viii
have no difficulty III holding that the facts alleged In
the indictment bring the prisoner within the pur-
view, intent and meaning OF this section OF the act,
and that he has committed the offence which that
section intended TO guard against and to punish II
committed.
ARGUMENT OF COUNSEL FOR DEFENCE.
Counsel for the defence replied in support OF the
notion to quash. After recapitulaing the facts OF
she mode in which the Grand Jurors sS Who found I
the indictment were summoned. The venire should
nave designated the point OF the district from which
Judge Nelson intimated that the point was not
1enable one.
Counsel for defence restated the point and insisted
that TO allow the jurors to be drawn from the city
and county of New York in the then heated political
condition Of the public mind was to deprive the &C.
Cused OF his right TO impartial jurors; that the
Marshal who executed the venire positively dis
plainant IN the case Another point was that.the
witnesses upon whose testimony the Grand Jury
acted were not sworn IN open court but were sworn
Judge Nelson remarked that the law quoted by
counsel in support OF the latter point had been
altered by Congress.
Counsel for defence said he was not aware Of that
and OF couse that point had no longer any force He
made the further point that the testimony before the
Grand Jury, being the same as that taken before
Commissioner Osborn was not SUFFICIENT TO justify
that body In presenting the Indictment and that tine
Indictment could not have quadrated with The evl-
dence. The law OF 1913 he argued, had a double
aspect. In its first section 1t declared what should
claw from and after the time when the war with
Great Britain would be at an end; and In Its second
section declared what should be law from and after
the passage OF the fthe Court should what the
intention OF the act was and the act used language
not commensurate with that Intention It was ;or
or the language. Could the Court believe that at o
time OF such great public disturbance the idea Of
Congress was to amend the naturalization lawss
Was not Its idea rather to remove SPECIFIC dangers
which 10 was desired TO guard against-namely, 10
board the public and private vessels OF the United
Sta.est The operation OF section thirteen was TO
board or Amefcan vessels elmer sy the use Of forged
certificates OF naturalization or by personarng those
for whom real oertifcaies had. had been given;
would have been defeated. n had that ap-
plicatlDn and was not intended to have any
and substance the Indictment and 10 argue that
was defective in It's avermens. The fact was, be
said that the certificates inroved In this case were
truthful ones, because the records which they pro-
posed to copy loaded the les whether they dishon
cred them or not) OF the Supreme Court Of the dis
tYct. This man tRosepberal came into court with
nine original records behind him, but the pr0secu.
took the absurd position that ns those records
were Obtained by perjury and subornatlon Of perjury
(which was entirely matter for the Courtl they
were forgeries lie confended that The prosecution
should show, either that there were no such records
OF naturalization on Nie, or that, II there were, the
defendant certified them improperly. The tndict-
ment should show on its lace which OF these
swo grounds were covered by IT, To sustain snch an
tnd,ctment would be- hc submitted, TO reverse the
hest settled principles OF criminal Jurtsprudence.
AL the were bad for setting forth the par
ucuar intent OF the crime. II the prosecution
meant 70 say that the certificates were forged for
she purpose Of allowing the persons holding them 70
vote for candidates why did not the prosecution aver
thatf 1t was tue intent that made the crime Th0ee
certificates might have been forged In order To vio-
late state law In regard to aiens holding title 10
real estate; and would II be said shat such crime
corId have been prosecuted In federal courfr lie
submitted various other technical points Of law and
contended that the motion 10 Qcash should be ai-
lowed.
CLOSING REsAsKs or xn NEUTRALITY-SUSPICIOUS.
RBssRvED
Mr.. Stoughton, of counsel for tho defence, submit.