New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-11-26
TIE NATURALIZATION FRAUDS.

TIE ROSENBERG CAsE-CLOsE OF THE ARGUMENT
on TIE MOTION TO QUASH
The argument on the motion to Quash the IN
dlctment found against Benjamin Rosenberg was re-
sumed yesterday morning in the u s. CIRCUIT |0"i" W
fore Judges Nelson and Blatchford
Judge Davies continued the argument no hau no'
finished Mt the adjournment of the Court on the preceding
day After asserting that the act Of 1913 was OF uh'er
sal application he contended that tho present cercaes
OF citizenship were substantially the same as Ihoe ISSUE"
previous 60 the enactment OF the act OF 4e4'' WHICH "o
i'm the contemplation OF Congress |he they P'S9o" '
act He said that while Congress had passed no speil1e
in relation 70 the form OF ,ice in the IT
members Of the bar admitted 10 prScuce III 'u9 - .,
~ ne II Courts and it would be n crime to forge
s45cb certificate He contended that, while the
acf Of lsl3 might not affect so TO speak, inc
Sv1dence OF citizenship, as shown by the records
of the court IN which the party might be natuIaISu'
CONVEYING of any forged false certificate and there
fore governed this case. The long cohuHueu uu. lu-
shin In their present form, instead OF Issuing an eNepu
fed copy of tie records OF the COURT hau oo ,.Hc
certificates the generally received authority "s ~ 'io
naturalization Of citizen . ,,..-..,.. go. go. a.,
MT John Graham OF counsel for Rosenberg commended
that the Indictment was vicious from us very roof,
aud should stand The Grand Jury had
been suddenly summoned by partisan g2Gnr s ,ha
Indictment, acted upon evidence utterly inadequate.
The Court had the right to examine inlo tnp SSuGnve 80
that II such examination was had would De iouhd
that such evidence Was utterly llesSi' nnparli"' ana
element and for special purposes, ana was not pros
pectye in its intentlon as reIoItng 10 naturah1Uh
e nased tbe pSssgte of lie act Of lsS and con.
tended that passed for special purpose, aud was
not Of general application; That TINS act was passed IN
lime eli war ana public danger and could not ami
not intended arising half century after
ward, III time OF reposc aud public peace IL Was unsafe
indictments should be found, this uncer
the auspices OF bitter partisan, ana for partisan ends
The act, at all events, contemplated % forgery
OF papers the true names Of parties not IN the fictitious
s, :
Ofense to dispose OF improperly genuine eorti
cate issued TO genuine names ana parties II was 10 OF
crime by United States statute to dispose OF
false certificates issued 10 fictitious names ana parties
Counsel then claimed That was incompetent lor tlS
Court 10 80 behind the prna face records OF Court ana
assume That certificate was false When on IT'S race
was genuine Inc alleged ohehse was nor Hccula'S! u,
ened aud set forth in the indictment Counsel then
claimed that, from the decision VI Commissioner osborn
II was apparent tEat these ceIhcdteS were htu 10 pe
fictitious Ones0r ISSUED 10 fictitious parties IN some u
known manner-and yet Rosenberg had been indicted
as tho prmePdt IN Ihe crime "Lth me la'u ~ VoIVI'
sion TO arrive at would have been that hVschhrIE
was the agent and not the principal The decision
OF the commissioner was D'eeI on hiele.Ocs tu1 5
Rosenberg the prime mover III procuring the cegth
Gates and that the Court issuing them was an innocent
agent ana te Actlon OF the NlaN Ju'! wa oh
the ground. No direct precise aycrnrht OF cf'
nal intent or action on the part OF hoNeh9oiB LAO o,Sh
set forth In the indictment nor had been ch"Ib 10y INC
Commissioners In his decision No ctcci, Wtl.-ufnAeu
crime set forth in the indictment That could bc
fcud himself from uudcIstauduEy Tie indictment was
defendant 10 know what he was TO defend
himself from. The Grand Jury had presented an rcon-
certificate issued false, while another count aYtrcd
IL Ice genuine. The indictment aytrVd % Oue count
that certificate Issued tO genuine person, aud ia
another that 80 issued 10 fictitious peteoM Two
ofcnses entirely distinct wcrc charged n each ~ three
counts OF the indictments rendering the whole IN
dictment VOID. Why not cadlsc specific CRIME and
aver wen defined criminal intent. ANA forth whether
this alleged crime against State law statute Of
the United statesi
Mr. stoughlou ocounsel for the defense followed. con-
tending that fatal 10 the prosecution, tIdt they
SIMPLY attacked tue certificate Oi clztasp ana Lot the
Capitalization OF tho record Ot tho court granting the
naturalization certificate that 10 Was tAc record Lot tie
certificate. Or generally issued that must bc il mlNty
shown 10 have been forged OF ascd and tcre must be
clear ana mduu able proof OF such i-lucGtDu Or for
gerry and not Only vague OF general avcrmenis Ia relation
thereto
The Court then took The papers, rCsrviuz its decision
The COa.t was t.eu aJOusaed 10 Friday at II "a. IA.