New-York tribune., 1868-11-10
NATURALIZATION FRAUDS.

came up again yesterday in the United States District
Court before Judge Batchford. The Court crowded
In anticipation Of action In the matter When the
Court was called Mr.. f. W. 3oughton rose and said
There are tevera OF these cases your honor please
where indicImen have been found against parties in
Orange County and against parties residing in this city
have iust mentioned TO the learned District Attorney
that have engaged counsel In these cases within
the last or 80 hours 1t has been impossible for me- de
voting all tho time that have had 10 give snch an eN
deserve. have stated that TO the learned District
AST e court a%q that Te M be- no delay on the part
OF these defendants several OF whom are gentlemen oi
the bar FROM % rd nt cre viii be no delay
which the most critical prosecutor can suesesi rs ure
sonabe What we asS now now y t NTH NM snc eu s
ton of them be hadfor all more or less involve lhe
same Sga n a xamna,ien NAV be had OF the que
tion will enable counsel to determine what ought 10 De
by the learned Court that these should stand until
to-day to be obliged to ask for inIher pos,pYnengh h
the time rcested such course will he taken them
as trust will commend Itself to the Court, and think
to liberalmindc prosecutor anxious 10 aiqinsrr @
important proceedings I would add that one of the
counsel III fact the principal counsel Ior one ol @
fcndans. Mr.. Graham has been am told seHS,gG
afflicted with difficulty OF the eyes WI Tn nag ts & few
days But speak, II your Honor please aee ioi s I %
and In view OF the questions which must heoes'aII'!
arise i'm these prosecutions. .
Mr. Conrtncy-If the Court please regret exceedingly
morning to 60 on WIN these cases. ihe eNcIo W,t
my learned friend seems To me 10 he reasonable Mhit
Snt, SO far s am concerned am perfectly willing that
10 should have time 10 nvcstigat" them desire To W
them with undue haste desire that the defendants
should hayo full opportunity That Their cou.sl shT,'u %
have ample time present all the legal questions tcl
desire TO offer. But, notwithstanding my wishes 10 give
all the accommodation IA nv power 10 the opPuI,nh
counsel should like to have them tred ht as e't!
Mr. stnnchon-Its is not my habit either by silence or
In aYpu up
do counsel IN any case, aud 80 aSsnteu nv V1" ,
District Attorney that while no delay sh"ulu ne l%nl %
uccd into the trial of these cases by us may he t1ug
essential, (and that view VIII Dc pc'eien ~ ~ ,,s
the Court Will determine, for the rtSl,Nslp. IL
with it, il may be thought essential that some OF me
questions which arise here should be presented m suVi'
shape that the parties may have the bcnt "i CONSUL
Grafton of them IN II tribunal whose jurisdiction j. ,ocN
tcusivc with the operation "t me law nls M
uralizatlOn law, the constitution OF WIuch WIN Gun, u
question But. Whatever course the Court stca nn !"
take and whatever course the counsel take mere WI nc
request for delay under any i, , q,
learned District Attorney VIII not hnsei hItvc th
cS nG ON and %p to S In" Court and after
somewhat careful but by no means complete 9 M1a
add that We have not yet received copies of the lho
ments but do mention II as circumstance except ia
connection with this application , ou ,,cso inaict.
mCnts but had before me three of them which were
found against Rosenberg the other day. Prom my par
cnsrs9s % 60 f he asn,npt"n tlt To certainty the
others present very much the same questions, assume
that the counsel who make this suggestion now mA'
upon the ground that they not yet prepared to u
tdrminc what conr-e 10 take In defense Of the indic
mCnts-whchor 10 plead or whether 10 u'Mui' ~. ~.
Court can very reasonably and properly anilcP, that
the quest Of iurisdicton thc questions oi tue SCOPE
Of the statute under which the ihdctncnis hNc p.,n
making this suggestion. not yet prepared To say ca
acty what course theJ viii desire 10 taAc. , , ,
will not by suggestion silence. convey The impression
that it viii be presented, or eoncent 'hai wv" oo pc
scnted. My own impression now II, anu nav PC.
looking far as could, 10 determine what 'o uun pl
counsel Mould be- ny own "NdeT m s e1eSanc, nS @ Of
these cpses when they come to bc mentioned 10 thc
Court for there are quite inis. hu,1pe, % i
and think the questions O IiW WIcH aic 80, ~, IN
same I'm most Of them think the questions oi TACT VIII
the tour after hearing counsel will 10 tLe coucl
sion that these indictments ought TO bc r,mt uack
my IMPRESSION and II como 10 that conc "" pe
my duty as know II VIII be to tue % ,on ~ ns
Court 10 hear such views present IL VIII b' my
duty the part Of these men tha ihe indet'
ncnts he reunited back 10 the ,otl unuei @ w. ~ ~ 90
cluOn aud the Court will fuzzy appreciate ny tlcNs-i"
do not ccmc 10 that conclusion then the Court j. night in
the suppOsitiOn That the question Wcih,i th' P'iu,s
should plead or whether motion should be made to
aua-b. ~hether demurrer should bc in,eIos, VII
Ie ~ % y. ay me Ma that I'M viii interfere vii, m
arrangement, the Court should thnk Is its niy
which the presiding Judge OF this Court st DO not
WISH I'm view Of that, to have postpoueinen which VIII
prevent disposition OF such question ns may arise ht
ne present m ,nG ma sn'Y % no e dcu ,en t"' nr W"d Se
posed II Your Honor should conclude Ia sit with the
presiding Judge OF that Court To hear one of these ques
! ons-ihc question which may come 10 The conclu
sion 10 nsk the Court try They very difficult and
mporant They do not aiisc merely upon the language
of ihe act II Your Honor please but when como TO
present the views which have occurred to me- and which,
IL they seem upon further rejection 10 De thc views
which ought to be presented here, the Court
deep may b.. be .r,nrcn, In error A. n moi !
wish prevent prosecution from having this or any
other questions determined al the earliest possible dhy
aud shall do everything, and ] ain authorized hy my
associates 10 say that they VIII do everything to secure
desirable result Now. whether that motion VIII be
made not. impossible for me 10 say this morning
but we shall bc prepared 10 decide on Wednesday OF
Thursday morning II that shall DO conclusion.
think there are 10 OF Indictments ono against the
County Clerk aud several against other geutenen mein
bers Of the bar Their standing In THIS community en
ties them my personal respect. and desire 10 nave
the opportunity TO examine these questions very care
Judge Batchford-From consideration Of some OF the
legal questions involved IN these cases aud consulta
ton with Judge Benedict, who was examining them WITH
view OF charging the Grand jury IA the olci ,our
very free say that II any such course as that sug
gcsed by the counsel is 10 be taken, II ought to be taken
at once. and The sooner the Dettci'
MI. StOughton-Yes, Sir; think so -,
Judge BatchordAnd for that purpose iconsulted the
Mr stonghton-Y Honor will find decided by
Judge Curtiss bearing on this question.
Judge BatchfOrd Yes, SIR looked at H. The stat.
ute provides that the District Judge may remit TO the
cn1 vGn ISqt in any Se opos a GuS Har IN II G DG
difficult or important question Of law. Now, not only
yesonce -, tb vene,o 'snbcc and u nc pu r, a'o & MIN
questions nvovedn this matter, Is certainly highly
Which viii carry With s DECISION the force and Weight
that such important questions demand. am free say,
day, that had almost determined upon that course
that Of reieyingt 10 the Circuit Court. Mr.. Justice
Nelson is TO be here the day after tomorrow, 10 be
here only for limited time, and think that this
is in my judgment The onc elninently proper.
Mr.. stougiton-Wil your Honor permit me to say
your order will not prevent your sit Ing then.
aud for the reasons which you state am glad that the
desirable by the learned Court that there should be
division Of OF these important questions for the
purpose OF taking the opinion Of the supreme Court
do not know whether the Judges viii decide hope
.ptt Han M Ug ghgu,t