The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-08-27
TEE ITALIAN KIDNAPPING CASE.

The Government Oner No New Testi-
mony-Motto Disehargcd-Joseph and
Two Other Italian Boys Sent to the
House of Correction and Charity.
The further hearing OF the case of vincenzo
Motto, No Is Crosby street, who is charged with
having, contrary to the provisions of the Civil
Rights act kept an italian boy, Joseph In involun.
tary servtude and treated him cruelty, was re.
sumed yesterday in the United States Circuit Court
room before Commissioner Osborn.
Mr.. A. II. Purdy, United States Assistant District
Attorney, and Mr.. ]. N. Lewis appeared for the
prosecution, and Mr. Ansbacher for the defence.
At about hafpast twelve O'Clock the Commits.
sioner took his place on the bench, and called the
case Of the United States vs. yincenzo Motto.
THE GOVERNMENT GIVES UP THE CASE
Mr.. A. II. Purdy said that at the close OF the
session yesterday they applied for an adjournment
In order that they might have an opportunity II
possible to throw some light on the conflict OF tes
timony in this case. Since that time they had
made their best efforts to bring witnesses or be in
Q condition in some way to explain this matter
but they had failed. 1t was not his province to
pass upon the evidence. He appreciated that the
Commissioner would look upon the evidence In q
legal point OF view, and, looking ct 1t in that point
Of view, he tMr. Purdy was not In positionto say
that the evidence for the government prepon.
derated over that for the defence. The defendant
was present with additional witnesses. The gov
eminent could not produce any witnesses now,
and he was not In q position to say when they
could do so. All he could do now was to leave the
case In the hands Of the Commissioner to dispose
OF as he thong hit proper
The Commissioner--Is the defendant PRESENT.
Mr.. Ansbacher-Yes. The government having
failed to produce further evdence-any new testi
mony-I move the discharge OF the defendant.
Commissioner Osb0rn-I have but one duty to
discharge under the circumstances i must look
upon the charge set forth In the testimony OF the
boy Joseph as developing o state OF facts here
which, II true, would probably merit the comments
the press have made upon the case. In the invest.
cation OF this charge nothing has been presented
to me In q reliable manner on which can place i'm
plicit confidence as to cruelty having been prac-
tised towards this boy, Joseph The statement OF
the boy has not been corroborated; and taking the
evidence as stanch IL would seem that the defendant
has been prosecuted, not prosecuted. The defence
has made out a case OF mistaken identity. The tes-
timony OF the little boy and little girl (Qunn) yes
terday settled the fact that this boy has father
and there is no evidence to show that the father
has treated him cruelty. must look at the case az
presented on the evidence, without having my
mind Influenced In any way BY what may read
with regard to this bondage OF Italian boys The
defendant Is honorably discharged.
Motto soon after lett the court room and re-
ceived the congratulations OF his Italian friends.
The Commissioner entered an order for the dis
charge OF Joseph and the two other little boys as
wftnessos They will for the present be sent 70 the
House OF Charity and Correction. Joseph, we are
told, expresses desire to remain IN this country.
THO Qthey wife fellows WILL "a ~ psQpaoulu, %