The New York herald., 1873-08-24

The Investigation Before Com missioner r
Observation-Disclosures Of the Court Ques-
tioned-Curious and Complicated Testi-
mony-Tho Alleged Father OF the Boy
Joseph Called = Witness.
The case OF vincenzo Motto. who is charged with
keeping an Italian boy in involuntary servitude In
violation of the Civil Rights act was resumed yes
terday before Commissioner Osborn The prose.
cution have rested their case.
Mr.. Ausbacher. counsel for the defendant, SUBJ
mitted that the Commissioner had no Jurisdiction
under the Civil Rights act. The boy Joseph. he
said, was born in Italy he was the subject of for
eign Power and did not come within the provisions
of the act
Mr.. Purdy, United States Assistant District At
torney, contended that the Commissioner had am
pie jurisdiction, and that the Legislature in franz
ing the act evidently contemplated extending its
protection to foreign born citizens as well as to
those born in the United States. The meaning of
Congress was not, he submitted, to protect merely
native born citizens, but to exclude slavery from
the United States altogether II was for the man-
tenance OF that principle that they had gone
through the war and had lost their men and money.
Mr.. Purdy referred also to the peonage system in
relation TO New Mexico as indicating the intention
Of Congress in framing the Civil Rights act.
Commissioner Osborn said he had some doubt as
10 whether he had jurisdiction under the act. IL
u matter winch required careful consideration,
and he would for the present his decision.
MeanWnle the QeIenCe might be proceeded with.
TESTIMONY OF vINCENzO PAsCENCCIELLo.
VincenZo Pascencciello was then called as wit
ness on behalf OF the defendant He is a low-sized
man, with swarthy features, and apparently Of
very limited intelligence He testified tnat he will
have been three years in this country on the ed
of next February; that he came here with twelve
or thirteen of his countrymen, and that the boy,
Joseph, or Giuseppe, whom he claims as his son,
aceomp,aine@9 @ ni Sosep, ne said, was paen nine
porting to be passport Tor himself and Joseph. 1t
appeared to be made out IN proper form and CON
toln nod fhn ND nf thn TIM pfH Hr1cnV
his son, who Is set down as being then nine years
old
Mr.. Purdy. He could not remember any place
that he had stayed in New York, except on Crosby
street, where he lived three months alter MS ar;
eighteen months Joseph lived with him all the
time until within three months ago. The boys
mother he said, was in Caviello, in Italy. He had
the boy taught by some friends to play the violin,
and sent him out on the streets to get money for
lett him on the ist Of June last and he had not seen
him from that time up to last Thursday. He ex-
pected that the boy would return every day. He
went to the Court on Thursday, having been told
by man named Peter that the boy was there.
Peter first spoke to him, saying, you come and
then proceeded to give a hazy account OF
how he identified the boy, saying that he looked
a ha ,ne ssss h ano reat eae~ e Tty
IN liking the location OF the palace, how far 1t was
from the United States Court, &C., and the word
logue between the interpreter and the witness, un-
til at last it Ie out to be other than the ofce Of
Mr. Ansbacher, the counsel Tor the defendant 1t was
equally difficult to arrive at the correct number OF
the witness family First they were set down at
I've, and then they multiplied like Fastaff's men in
buckram, until they went up to nine ultimately
they we're settled az eight. This boy, the witness
said, was the only one who accompanied him to
America. The Others were all in Italy, and one
son serving in the Italian army.
The witness was now confronted with the boy
Joseph, who denied that the witness his father
that he Doseph) had accompanied him from Italy,
that he had ever lived with him, or that he had
ever seen him but once.
The former, however, as st0uty maintained
that he was the boys father
Under the circumstances, there was great con-
trarety Of opinion in court, some holding that
there was strong resemblance between the boy
and the witness, and others main tanning that there
was none at all, so that until the matter Is more
1uy investigated, there would be considerable diff
fcaity IN arriving at satisfactory solution OF the
matter.
Commissioner Osborn asked the witness whether
he could bring into court any man or woman who
had seen him and the boy while they lived toge-
ther and he replied that he thought he could bring
one woman He was told to have her in court on
Monday. AS II to complIcate matters still further,
q witness named Raphael Acciette was examined
and testified that the defendant was not NincenZO
Motto at all, but mis- brother Carlo Acciette who
came mom Italy with him feur years ago. He went
Dack TO Italy since shen and returned to America
just before his arrest.
The Commissioner adjourned the further hearing
O! the case until tomorrow at hallpast ten
O'Clock.