The union Democrat., 1869-04-17

up to the present time. lu'he0i"'eiS "''S'
his entry into this office, Alexander Margo
who was his opponent in the election brought
suit in the District Court TO oust him, on the
ground that he was not citizen, and there
fore ineligible TO hold office. The case was
continued from time to time until the twenty
ninth of last month. when it came on for trial
before Judge Cavis. who has rendered the fol-
lowing decision which was fled last Ionday:
The PEorLE ca rel A. MARCO,
| JoHN BOYLE.
In District Court 5th Judicial District Coun-
tv of Tuolumne.
This is an action brought on the part of
Plaintiff. to remove and exclude Defendant
from holding the office of District Assessor, in
and for Revenue District Number Two. in
the County aforesaid, for the alleged reason,
that Defendant is not a citizen OF the United
States. To the complaint filed in the action,
the Defendant makes answer that he Is le-
gal citizen of the United States.
To sustain the action on the part of Plain
tiff. the Great Register of this County was in
! troduced, upon which there appeared the fol-
lowing entry, which was proven to be the reg
istration of Defendant herein made under his
oath Number 2361; Name. John Boyle; Age
63; Country of Nativity, Ireland; Occupation.
Dtch-Tender; Local Residence, Gold Springs;
Naturalized Date. Place. BY what Court. Reg,
under Sec I. proof reputed citizenship and
loss of papers. Date of Registration, June
22d. 1867, Sworn. The affidavit above re-
feicd to was also given in evidence from which
it appeared Defendant was n&turalized in
Winchester County. Kentucky, but in what
court the affidavit did not state.
1t was further proven on the pant of Plain
tiff, that there had never been such county
in the State of Kentucky as Winchester
County," but that there was county in the
State of Kentucky. by the name of CLARK. "
of which county, the town of "Wmchester"
is the countv-seat. 1t was further proven on
the part of Plaintiff, that in and for said
County of Clark, there had been since the
wear A. d. 1917; but two Courts of Record,
having common law jul Iisdiction, a seal and
clerk. to-wit: "The Clark Circuit Court and
the County Court" OF Clark County. II
was further proven on the part of Plain,iff.
that in said County Court" of Clark County,
whenever q person declares his intention to
become citizen of the United States, or takes
out his final papers of naturalization, it was
made n matter of record in said court-and
that from an examination of the records Of
said court from the year A ID. 1917 10 the
year A. d. 1868, no declaration of intention
| to become citizen of the Uunited States had
been made in the name of John Boyle.
| 1t was further proven on the part of Plain
| tiff. that in said 'Clark Circuit Court" when
ever person was naturaliZed, it was done by
an order of court, which order was made a
matter of record upon the records of the court
and that from an examination OF the re-
cords of said court, from the year A. D. 1925,
! to the year A. d. 1868. the name ot John
BOYLE does not appear upon said records for
any purpose whatever. 1t was further pro-
ven on the part of Plaintiff. that Defendant,
was by birth a native of Ireland.
Defendant in his own behalf testified that
he was born in Ireland in A. ID. lS05-that
he came to this country in the year A. ID.
/ lS3O-that he declared his intention to be-
come citizen of the United States in the
wear A. u. 1882. before the clerk cf some
court at Winchester. Clark County. Kentucky
and that in the year A. d. 1887 or A. d.
/ 1898. he was naturalized and become cit-
zen of the United States, ard received his GER
tificate of naturalization as such-and that he
was go admitted to citizenship in some court
held at Winchester, Clark County, Kentucky.
other than the County Court of said county.
and which was called the District Court. De-
fendant offered no other evidence of his hav-
ing been made citizen of the United States
than his own testimony.
From the case as made by the testimony on
the part cf the Plaintiff, the court is of the
opinion that the burden of proving his citizen
ship was upon the Defendant, and that to es-
tahhsh such fact, it become necessary for the
Defendant to introduce some evidence other
than. and in addition to his own testimony.
tending to show that he had been made a
citizen of the United States. and that by acci-
dent or otherwise. the record evidence of his
having been made a citizen was either des-
troved. or could not now he obtained by legal
! process issued in his behalf. Defendant claims
that the evidence introduced on the part of
Plaintiff does not show but that Defendant
was naturalized in either one Of the courts
held in and for Clark County. Kentucky.
This action has leen pending for about one
wear. and vet no effort has been made by De-
fendant. % procure evidence tending to show
that the records ot any court held in Clark
County. Kentucky. would show that he was
naturalizet therein. In matter of so grave
importance to Defendant. it seems almost in
explicable that he should take no measures
whatever, To submit to this court some record
| evidence of his naturalization. or in the event
| that such record evidence could pot he obtain
ed. to show some cause why it could not he
obtained Fer the reasons above indicated.
the court finds the fact to be. that Defendant.
John Bowie is not shown hv satisfactory testi-
mnnv to be a citizen Of the United States. As
a further fact. the court finds that since the
second dav of March. A. d. 1868. the Defen-
dant has u<urped iutruded into, and unlaw-
fully held and exercised the Office of Assessor
in Revenue District. Number Two, County of
Tuoumne. as alleged in complaint.
As conclusion Of law, from the foregoing
facts. the court finds that Plaintiff. is entitled
to iudmnent against the Defendant, that he
the said Defendant has heen guilty Of usurp-
ing. intruding into and unluwfuly holding the
office Of Assessor of Revenue District, Mum
ber Two. in and for the County of Tuolnmne.
State of California. since the second day of
March. A. ID. 1868. and that he. the said De-
fan5ant he excluded hereafter from said office.
and all privileges connected Herewith, and
Cor the costs Of this action, and the Clerk OF
this Court will enter Judgment accordingly.
JOS NJ CAVIS, Dist. Judge.
Inr;l 10Th 1864