Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-10-30


whether it was dark or not. There was a
Hight in Duffy's Hall. Itwas twilight, /
Think. 1t was about " o'clock. saw
Smith first when l came home from work
at noon. 1 go to work at In the morning,
work until II, go back at ten minutes to l,
and work till o'clock. do not know
whether he had been out on the road that
day. 1 think he was in bed when went
away in the morning. Yes, 1 am pretty
sure he was. do not remember any OF
the names called by Duffy. KNEW one OF
The men by sight that got papers. 1 only
know him by the name of Patsey. Smith
said suppose that's me, when they called
the name OF Smith. There was no conver-
sation between Duffy and Smith.
The State here rested, and the Court
took recess until 9 o'clock.
The Court room in the afternoon was
packed fuller, if possible, than in the
morning.
] The defense offered the following testi-
mony.
Colonel Baber, at the opening of Court,
offered in evidence the exemplifcation
record of natura ization from Judge Pngb's
Court. 1t is as follows:
In the matter of James Smith, an alien.
a native OF Canada, ct al.
PROBATE COURT, FRANKLIN COUNTY !
October II n, 1865.
This day appeared in open court and
made application to be admitted to citizen
ship in the United States, and this Court
being satisfied that each and all of said ap.
plicants had fully complied with the sew
eral acts of Congress in relation to natur-
aliZation, it is therefore by that order
ed that said applicants be and they are
hereby admitted to citizenship in the Uni.
ted States.
Thereupon said applicants appeared in
open court and took the oath of allegiance
to the United States. 30 Il
PROBATE COURT Rooms. !
COLUMBUS, o., Oct. 20, 1859
I. John M. Pugh, Probate Judge in and
7for Franklin county, Ohio, do hereby GER
tify that the foregoing is true and
correct copy of the original order, as the
same appears of record in this Office to-
wit: Order book No. l; page No. 2O3.
r, q Witness my hand and seal Off
! l A' cially.
JOHN M. PUGH,
Probate Judge.
The introduction of the exemplification
was objected to by the United States for
want OF fulness. After argument the OBJ
lection was not sustained and the paper ad-
mitted.
Judge Pugh s,oorn-[He was shown the
certificate OF Naturalization under which
the suit was broughtl-l am Probate Judg ge
of Franklin county. This paper is in the
handwriting of my deputy. 1t is genu-
inc paper issued from my Office, and shows
the naturalization of one James Smith.
On Monday, the 18th, great number of
persons appeared for naturalization. /
could not do all the work myself, of course.
My deputy filled up some OF the papers,
and Mr.. A. G. King filled UP some of them.
L cannot of course recollect the persons of
all who applied. L am certain that James
Smith, or some one persOnating him, applied
on that day for naturalization. The papers
were issued according to the law as un-
derstand it. / gave those papers to Mr..
Duffy to deliver, as the work was so heavy
that people could not wait always for them
to be finished. do not issue papers ex-
cept to persons whom | have sworn and
examined. No list of names was given to me
to issue papers to, nor would have issued
them if they had been. The papers were
made out aud placed in an envelope, and
the name written on the outside. These,
with some others, were given to Mr.. Duffy
to deliver to the parties named Smith was
naturalized in the afternoon. I think be-
fore supper. / think so because of the po-
sition of the name on the record. L gave
those papers to Mr.. Duffy to deliver, and
the next morning Mr.. Duffy returned a
portion of the papers because he could not
find the men to whom they were addressed,
saying that if they wanted them they could
call at the Probate Office and get them.
Some of them did call. I never have kept
a record of the witnesses to naturalization.
| do not understand that the law requires
it.
Cross e1dn,ined-I do not pretend to iden-
tify the man James Smith. [ remember
the name very well, however. 1 would not
fN ,l,4r
that day. My recollection is that about 300
were naturalizsd that day. commenced
at about half-past z o'clock and STAYED
there until nearly IL o'clock. Mr.. King
filled up some of the blanks, and L signed
my name because he was not my deputy.
My deputy was authorized to sign my
name. l sometimes signed my name and
my seal to dozen or so in blank
ahead. More than halt OF the papers were
prepared this way. My deputy filled up
and delivered some of the blanks. Mr..
King left about 5 o'clock, and then my
deputy filled up the papers. l kept
a list of the names of persons naturalized.
There may have been twenty-five or even
forty of the papers delivered to Mr.. Duffy.
[ gave him all that 1 did not know who
they belonged to. Some of the parties re-
quested this. Those Mr.. Duffy did not find
the owners tor he returned. The persons
who applied for the papers at my office
were told they would get them at Duffy
Hall. rather think that some other par
ties took papers to deliver to the owners.
| generally knew the men l gave them to.
There was no arrangement by which all
papers left were to be taken to Dufy's
Hall, nor was there arrangement with any
person to carrv papers to Duffy's. do
not think Mr.. Duffy called but once. He
called, as said, between z and s o'clock.
| saw no list of names in Mr.. Duffy's hand. |
Ir 1 had had two hundred papers 1 would
have handed them to Mr.. Duffy, because
those whose papers were not delivered
were told that they couid obtain them at
Duffy's Hall, after they were made out. /
could not see that the party owning the
papers got them. There was crowd in
the Office the entire day. 1t would not be
impossible for me to deliver papers to the
wrong person. The naturalization papers
here were Issued to James Smith. NY
clerk kept list of those he naturalized.
As / understand the law, my deputy NAV
do all that may do. 1 tried to do right to
all. Mr.. Metcalf there sat in my office all
one day and saw how the papers were is
sued. The next day Mr.. Brazee came. He
said he was the attorney for the Republic
can County Committee, and l gave him
every opportunity to question applicants
tor naturalization. -.- t..r ..-...-... o.: -.s.
BY the Court-I have none of those pa
pcrs now. The parties have taken them
away since. The charge for each paper is
fifty cents. =-i r-a Pa 81 5hl . i.
Lepi E. Wilson suorn-I was at Duffy's
Hall on the evening of the 18th of October,
was there when but few persons were
present. Mr.. Duffy went out to get papers
for which certain parties were inquiring.
He was gone some time and returned with
a number of papers in his hand. He got
up on a chair and called the names endors-
ed Oh the back. L took and opened some
of the papers and saw they were natural
ization papers. L thought Mr.. Duffy was
calling the names too low, and started to
him TO get the papers and called the enames
myself. Idids not think there was any,
thing wrong in it. Mr.. Duffy announced