The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-10-25

all, that we disclam on the part OF the government
that there IS slightest political idea connected WIN
Counsel for the defence said 1t had been canvassed
| between the counsel for the accused whether tney
TO dismiss the complaint the ground thal on tne
lace OF the papers themselves taken W. Conneosv s
win the law OF 1919 ~ was Impossible 70 n ihe
tain the proceeding. The desire oI couusei ~ ',o
motion Just made was not to retaru, ~ ,or ~
accelerate the proceedings From the papers
ought to be disposed of with some deiDeration Tne
certificates of Naturalization, annexed 70 tag amua
WI Of Marshal Murray were ~ shas the Signature
OF the Clerk OF the County, Mr. Loew was ~ ~ I
signatures nor that the directions on tao had
been TAKEN were not in the handwriting 0. Justice
Barnard. Nor was there any pfetehce ena' a .ne
record was not what purported to be III each case
record OF the Supreme Court OF the state Q, New
York for the First judicial district II Marshal MUIR
ray that benefactor OF his species VINO was PAID lot
his politics. was actuated by proper motives In this
prosecution he would not permit the question to be
now sitting in court for he did not know him.
Mr.. arady-Then you are deprived OF a great plea
Counsel for the defence went on to state that II
Marshal Murray were in court he should take the
stand and testify to the motive OF the prosecu-
ton. The ground which counsel for the defence
took was this-that under the Judgment OF the su-
preme Court of the United States. no matter how
original record Of state Court answering the quail
ncations prescribed BY act OF Congress- IN that Pc
half, his Honor the Commissioner had not the
power TO 90 into the record At all or to investigate
BY what means 1t was brought into being
II the record itself was genuine record, even
by means OF perjured aiidavits, or by means OF
forged aiidavis, the only way Of invalidatng that
was. lie contended that under the decision in
the case OF Spratt against Spratt Peters, the
investigation must end II It was conceded tnat inc
record from which the certificate Of NATURALIZATION
was taken was the record OF the supreme Court OF
the State OF New York for the first judicial district,
being court of record having common law jurisdc-
ton. with seal and pr0thonotOry or clerk. In the
case referred to Chief Justice Marshall gave the Iol-
lowing opinion
the RICH. OF aliens admission to citizenship the courts
H are % so s% DE
men entered on the record as the Judgment OF the court
evidence Of its own validity.
Did the prosecution mean to say that II Justice Bar
nari had ordered these records to be made up with
out any affidavit at ALL the faith OF spurious
aidayits or on the faith Of perured aaldayits the
contended that II the record once came into being
the Commissioner could not go behind It, 1t was
those records brought into court all inquiry
shut of; and the question now was whether the
Court was to tie handkerchief over ITS eyes and
deliver itself into the hands Of political prosecutor
marshal Murray and indulge him as to the length
and breadth OF the examination. Counsel knew
tional prosecution. 1t was prosecution which
should be entertained in court OF tlstice at
any time, particularly at time ike the
present, because the necessary effect of 1t
was TO misead the community; and he charged
that that was the intention and design OF it. The
dissemination of false at the time might be the
means OF producing false political judgment, FOR
few newspaper readers would wade through long
mgs and make up their opinions on them.
District Attorney Courtney remarked that counsel
made another. 1t seemed TO him that the speech
just made had evidently been Intended to anticipate
the nature OF the testimony. His Honor was pre-
snmed to know nothing about the testimony. The
would be ascerained according the witnesses
mere put upon se s.ana ana atasT mi
issued by proper tribunal could not be told until
the testimony was before the commssioner II
Two subdivisions OF the statute The argument Of
the learned counsel had no relevancy or pertinence
to the question which his Honor had to pass.
The prosecution would show that the accused had
sold aud disposed Of certificates OF citizenship to
persons other than those Tor whom they origin
ally issued; IN other words, that he obtained and
issued and sold certificates OF citizenship.
Mr.. Barrett-There Is no such charge against the
accused
Mr.. Courtney-Yes. this Is a charge in the general
section Of the law.
horse stealing on u charge OF forgery.
Mr.. Courtney supposed his learned friend knew
what the accused to be tried for. II the time of
the court was be taken up with long speeches
these unmportant questions the case would occupy
all the time till election day.
The Commissioner remarked that he had nothing
say the motive Of the prosecution therefore
the District Attorney wonld proceed with his wit
nesses.
TIE ACKNOWLEDGEMENTS OF WILLIAM T.
sIMMs
Bv Mr. COurtnev-Q. What In your businessY A.
Assistant OF the Thirty Election dts
trict; know the defendant, Rosenberg; first saw
him ut No. Centre street, In this city, in the base
ment OF a lager beer saloon entered the saloon for
the first time on Monday last; the basement about
ten feet below the surface OF the street. on entering
on the right hand as you enter, in the corner rum
ming along the window, IL table, at which Mr..
Of naturalization papera the lett or the entrance
was the bar OF the lager beer saloon.
@. When did you go there iirstf A. On Monday
about noon.
o. When you entered whom did you sees A. Mr.
.. do you identity that person in the court rooms
A. Yes: that h the gentleman sitting on the left
hand Of counsel.
the conversation you then had with RosenbergS A.
went twice that morning, first under mistake
70 'ae u al snd was he
was not In that once; went out and consulted
memorandum had: tnereqpon turned nae back and
Rosenberg; Rosenberg responded to his name and
asked me what ! wanted with him; beck
oned him TO walk aside with me, and we went
TO the back part OF the saloon; I then said
TO him, Il am from Yonkers have twenty or
naturalization papers:n he asked me, ..what party
are you fromy' | said, The democratic party;n
sad Su OF sy t not oon for
work for day or an hour to 60 to White Plains
to come to the city; can you get those papers
commence and to go half through it and then iails
| II YOU cannot do It l must seek else.
WHEREOF he then told me that he had
sold seven thousand Of them; then told
| him that my list was incomplete, but that
would return and give him the names: left then
and came 70 Marshal Murray and told him he could
| get as many papers from that manifestations
he wanted: then went to my own ONCE in Nassau
street ana wrote out list OF names, with which
returned 10 Murray's ONCE: there made q copy OF
| the list OF names I had written out-nve names the
original list comprised twenty or thirty names; the
list OF five was the only complete list with the first
and middle names Of the parties. che list OF 1--WE
| evdence.l After l made up the list and left IL
with Marshal Murray went back to Rosenberg
and told him would return with list OF the names
returned to No Centre street about eleven O'Clock
! on Tuesday morning and took with me the list OF
twenty or thirty names, five only OF which were
complete with the names OF the parties; told him
wanted naturalization papers for those ave; he said
I should have them: said wanted them by one or
haf- past one O'clock he said he thought 1t not
probable would get them at that time; then left