Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-12-25
O'DONNELL'S CASE.
The Correspondence of tho Stats
Department
WITH THE BRITISH AUTHORITIES
Given to Congress-The Doubts Surround
ing the Legality Of the Dead
Mans Naturalization
Papers.

| WASHINGTON, December 24.-The Presi.
dent to-day transmitted to the House the
report of the Secretary OF State with vol
luminous correspondence in response to the
resolution OF the 10Th inst calling for the
communications and papers on file in the
State Department relative 10 the trial,
conviction and execution OF the late
Patrick 0'Dounell." The correspondence
covers period from September 2i;h to
December 10Th, less. Under the first
mentioned date, Hoppin, First Secretary
of the legation informs Secretary Freling-
huyseu of the arrest of Patrick O'Donnell
and his anxiety to have q solicitor sp-
pointed to undertake his defense. He
further informs the Secretary that COM
munication from the deputy governor OF
Millbank prison places some doubt as to
O'Dornelrs identity. He added, supposng
the prisoners citizenship TO be e'tab-
lished,
Re did not Believe II the Duiy
OF the United States Government under
| ordinary circumstances To provide profes.
! slonGl Itgsl assistance for one OF lis citizens
accused Of a crime in Great Britain even If
destitute Of means, and there seemed TO be
roiLing in this case 10 make il an excep-
ton. He therefore declined to instruct
some one 10 defend him except under di-
rectiOn Of the Department OF State.
October 9th Secretary Fre!inghuysen
| writes Lowell directing him 10 ascertain
il ODoTrUll was citizen OF the | uited
| States, and II 50 to 10 whatever necessary
to secure his proper defense. In this COM
muncalion is letter from John +. Finer
ty, of Illinois, transmitting resolutions
adopted at a meeting 81 Chicago urging
upon the the Secretary OF State the neces.
| sIly OF immediate action by the United
states 10 v'ndicate the right Of y DOnnell
| 10 a fair trial.
The ECpIy or the Secretary OF State
TO Finerty is also enclosed in it. The
Secretary says: at is not doubted that the
.ccused Will receive fair trial according
the usual laws, which in England are
| substantially those in force in this COun-
ly,iRd any proper aid to that end which
5 in their power 10 furnish will be given
| ~ tie representatives Of the United States
n London Such aid would be given az q
| u after OF course, without specific instruc-
| ions from this Department, to any Ameri-
can Citizer accused OF crime in any foreign
country where this Government is repre-
senred.
Under date OF October 9 the Secretary
encloses TO Hoppn a request from John
a. Logan and Others that William t. Hines
and William w. O Brien be appointed to
appear in behalf of ODonnelI. lie also
encloses his reply thereto, stating he un.
Gerstsnds that General Pryor and Judge
Fullerton, Of New York, are to
| Take Part I'm the Defense.
Lowell being absent from London, Hop.
| pin replies stating that he had come to
| the conclusion that the certificate Of natur.
| slza,iOn produced by o D0nneil was either
| p:auted to some person bearing the not un
| sual name Of Patrick O'DOnneil, or was
| f:auGulenIly obtained by the prisoner. II
| IL pCssible, he >rSs, that the State
| Department may decide that simply
tie fact Of the prisoners possessing
| the certificate Of naturalization in his own
| uame is Sufficient proof Of his citizenship
| without re- ard to anteCedvrt facts. II
| seemed to h.m that O'DOunc,is defence
| had been properly secured and it was not
| necessary for him 70 take further steps in
that direction. 1t was hardly necessary
| for him to show the universal inconven.
| iCrCe if not absolute Impracticabi.ity OF
providing ms matter ot course probes
s'onal
| AhSlstanCt W p'Stit"'S amer '"u
| EIIizens
| accused OF crime in all parts OF the Iited
| E,ur+om. Such action would throw upon
| tie legation judicial duties which would
| materially interfere with its Legitimate
work and entail a great expense upon the
| g"Nernment.
l'nder date OF the I'D Hoppin informs
the Secretary Of State that be had made
further INQUIRIES concerning O'Donneil s
| alleged ciuZanshIp, aEd while impossible
| fer him to give IN authOrative opinion
up0n The question, he Csn say he was i'm
| prcss,G Win the apparent truth OF . Don
nrl;'s statements. rne question OF q. Dpu.
! r, is citizenship summed up, the follow
ing CUmmUn cation from The SccretsTJ oi
| Safe TO the President is given
| In response TO yOur direction have the
honor to inform y0U that inveSngI'i ~
p1s ma, Is to Ia, right OF Patrick ODJn,
| n. y 20 claim the citizenship Oi TIE Iitei
States the result OF which | have the hoaor
| To- cCmmru-"n'e herewith. TIE statements
re ir behalf Of
O.Donnrii, Right TO Citizenship
ere CO. h.cti'g. 1t ~ asserted he is citi
| sru. first bg the naturalization nf hts
father Michael, while he, the sor Patrick,
vas vet a minor: second, by reason OF ser
| wee IN the nited States durirg the civil
| Urr. md third. by naturalization as oae
| vLO resided in the United States during
| the three years prior TO his coming OF age
| end C1ntiI uuusIy thereafter up TO tue tune
| o. making application for citizenship. Inc
c SIN ~ CIUEcnship through his iather
| act rests on his own statement NO PROOF
| OF the fsct IL found or furnished, and II J.
| not cor lirned by other members OF tht
| family that the father ever was DatuTaIiZed
had he beeii Patrick ODOnuell need not
ksye applied for naturalization. As 70 thC
second point ODonneil himself says 10
| giving his own
Prevented HIS Enif>ting I'm the Army
but be was employed as a teamster in 1854
| with the United States Government IN
Colorado. IL hss not been thought neces
ssry 10 very this statement, for II is true
| the fact vnU!d rot give him the right r.
| patursIi7attpn as one who served IN thf
| army. and moreover, certificates are not
| granted on the ground OF his being soldier
In support ot the third allegation he pro
dues certificate OF naturalization made
| November q, l-IG, by the Probate Court o.
| Lawrence county. OHIO.
This cert fCate was issued in con formity
10 the Revised Statutes and provides tha
| any alien being under the age oi twenty
one who resides in the United States thre'
wears nrxt preceding 10 arriving at ths
sCe ard bad continued 10 retide tueieiH y
The time ne makes application To be 80
miiied q ci;iZSn thereof, may be admittes
on making the prescrb bed declaration
1t that time instesd Of two years be
fore nsturs iizstioD. 1t would appear thi
Certificate WAS IrreSuiarIy Granted
Tor in one OF o Donnel.'s statements mad
10 the United States charge d affairs at Lon
don he sRys he returned 70 Ireland after %
tanning his majority and remained tnef'
between 1867 and 1871, and conseqnenti!
| CID not continue 10 reside in the Unitet
Ststes from the time OF coming OF nge 4
| the time OF making application TO be . cit
inn, as he must have done TO conform VIII
,5e requirements Of the statute. II ais
| uncertain whether he in fact resided her
| for three yeas next before attaining N.
| iority. by his statement TO Hoppin he
now about IS years old, which puts hi
birth At stout the year 1885. 10 bis de-
cIsrstiop of intention made at the time O
| his naturalization be