Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-10-30
The CASE AGAINST JOHN DUFFY.
The Principal Witness confesses
rs to Fraudulent Voting.
The Commissioner Tells a Witness
Hew to Answer Questions.
The Partisan Malignity of the Whole
Charge Exposed.
i Azll4z.-LAGA .lalLl2

+ The case of the United States against
John Duffy, on charge of issuing fraudu.
lent naturalization papers, came on for q
hearing before H. 7. Chittenden, United
States Commissioner, yesterday. 1t will
be remembered that, on Tuesday last, a
man named James Smith filed an affidavit
before Commissioner Chittenden, charging
John Duffy withissuing fraudulent natu
ralization papers at Duffy's Hall, in this
city, on Monday evening, October 18th.
Yesterday this man Smith swore that he
had vote In 1868, when he knew that he
was not legal voter; that he voted in the
Ninth Ward when he lived in the First,
and had only been in the county six
months; that he voted on the papers he
claims are fraudulent in the Ninth Ward
when h, lived in the Eighth. A pretty
specim an, truly, to charge fraud on any one
e Sc. He went further than fraudulent
voting even. Knowing that the papers
were not intended for him, and fearful of
the consequences of illegal voting, he alter
ed the date of the papers, October 12th,"
by erasing the figure 1, making the date
read October I'd. We append the evidence
in the case, that the public may see what
kind of proof they had against Duffy: II
\James Smith s1orn-My name is James
Smith; reside in Columbus. Know John
Duffy by sight. Last Sunday / came i'm on
the Central Ohio road. I met Ed. McGill
and Dan Bresnahan and asked them where
/ could get my naturalization papers. They
said at Duffy's Hall. Before that enquir-
ed and was told to go to Dufy's Hall.
They took my name. 1 stayed at home
till seven o'clock. Fred. Croughtnn was
with me- We went to the hall. Duffy was
calling out the names. He called my name
once and l did not go up. He called again,
and I aoas told ii auds me. He handed me
the papers and l took them. 1 scratched
the figure II" out of the date myself, be-
cause was excited. I Re lived the certli-
cate of naturalization on Monday, October
18th, about half-past. seven o'clock. 1
VOTED ON THESE PAPERS. / am not ma
tive of the United States, but of Canada. I
did not exhibit the paper. l told the
Judges had voted in the ward before. I
did not appear before Judge Pugh. 1 was
never there. Monday evening came as
far as the Postofffct; went to Third street.
Stayed at home all day. No oath was ever
administered to me. Lived here about five
years. Was born in Toronto. Canada.
known me ever since came into the coun-
-ty. Twas 18 when came here. Can't tell
whether | was under or over. There was
no writing done at Dnffy's Hall. The first
time my name was called 1 said nothing.
Second time said it was me. Duffy gave
the paper to me. There are several John
Smiths and several James Smiths. was
told 1 would be sworn; knew mad to be
sworn, and intended to offer testimony. 1
tried to get Bresnahan to go and make proof
for me. l don't know that Duffy knew me
by sight. had no acquaintance with Duffy.
ooted the time Brough and Vdlldndighdn,
,oere candidates. Had then been in the
it was all right. There were several re-
marks passed about it. knew l had not
the right to vote. l made tripin August
or the first of September of that year to
Canada. l brought ba papers from Can
ada. can bring them this afternoon. 1
was In different parts of the town on Mon
day.
1t was near IL O'Clock when L got home
on Monday. Was not out during the fore
noon. never voted but twice; both times
in the Ninth Ward. Mr.. Perkins. Master
Machinist of the Central Ohio division of
the Baltimore & Ohio railroad, came to me
and asked me about my voting, and about
the papers. l told him all about it. He
said II would come here and tell the truth
he would get me place to get my grocer
les; that If they stopped my supplies he
would find me place get supplies. This
was on Friday. He seid so because told
him 1 was afraid would get into trouble
about this affair. He told me that i'll came
forward and told the truth should not be
prosecuted for illegal voting. When went
to pay my bill at Bresnahan's grocery
told him that l would like to have him
wait; that my child was not expected to
live, and l wanted the money to bury it
with in case it died; but that if he must
have it, l could borrow of Mr.. Perkins; that
he had promised to see me through if got
into trouble. Mr.. Perkins did not offer me
any money. Bresnahan said tor me to pay
him, and he would, if my child died,
lend me four or five dollars, and fix
things for me with Pat Egan. 1 said
nothing to Bresnahan about being ad-
vaDced to engineer or being continued on
the road if commenced this prosecution.
Mr.. Perkins never said anything about my
having stolen and concealed goods belong
ing to the road, or promised to let me off,
if ] made this complaint. | have taken
home kindling belonging to the road. All
the men do that. 1 don't choose to tell
whether / ever stole groceries or goods
from the road. / voted in 1868. lived
in the First Ward. I kneU ,cas not citizen.
voted at this last election. 1 told Mr..
Perkins had been legal voter about
tober and voted on the 18th. Mr.. Perkins
told ne if would make this complaint 1
would not be prosecuted for illegal voting.
The papers were intended for me. know
: it, because gave my name to Ed. McGill.
| never gave my name to Mr.. Duffy. l
never had any talk with Mr.. Duffy.
Re-eran,ined-I was told that was to go
to Duffy's Hall and get my papers. I
thought that was the place to go. McGill
told me so. Nootfers were made for Inc to GO
there. A small sum of money was offered
me to go away. 1 was offered $400 or $500
to ieaye the city. This was offered yester-
day. s-23 ost3 Ha1f ---''s a -sAei ..-a.
had been getting my groceries at
Bresnahan's. He stopped my credit. 1t
had been my custom to pay my bills
monthly. l told Perkins that my groceries
had been stopped, and he said he would
get me groceries elsewhere. The conversa-
tion with Mr.. Perkins was after filed this
affidavit.
Cross -eramined-I did state that the con-
versation was before / commenced this
prosecution. talked with Perkins on
Friday, Sunday and on Tuesday. I met
Mr.. Perkins by agreement on Sunday at
the railroad shops. Bresnahan said on
Monday that if my child died he would
lend me the money. 1t was on Monday in
| the, forenoon. then settled with him.,
That was before I filed this affidavit. did
| not accept the offer of $400 or $500, be-
cause wanted to get out of trouble for