Savannah morning news. [volume] (Savannah) 1868-1887, 1883-12-25
AMERICA AND O'DONNELL.
THE CORRESPONDENTS IN THE
CASE GIVEN TO THE HOUSE.

trustful of the Genuineness of the Dead
Mans Naturalization Papers.
WASHINGTON, Dec. A.-President Arthur
to-day transmitted to the House of Represen-
tatives the report of the Secretary of State.
with yoluminous correspondence in response
to the resolution of the 10Th inst, calling for
the communications and papers on file in the
state Department relative to the trial.
conviction and execution of the late Patrick
ODonnell. The correspondence covers the
period from September q to December Is.
1888. Under the aforementioned date Mr.
ldoppln informs Secretary Freylinghuysen of
the arrest of Patrick O'DOnnen and of his
anxiety 10 nave solicitor appointed to un-
deftake his defense. He further informs the
Secretary that in response to a cOmmunica-
tion from the Deputy Governor of Millbank
prison he had stated that there was some
d99Dt as TO ODonnelIs identity. He had
added that, supposing the prisoners citizen
snip TO be established, he did not
believe it to be the duty of the
United States Government, under ordinary
circumstances to provide professional legal
assistance for one of Its citizens accused of
crime in Great Britain, even if he were des-
tltute OF means. and that there seemed to be
nothing in this case to make it an exception
lie had, therefore, declined to instruct some
one to defend him, except under directions
from the Department of State. Mr.. Hoppin
encloses IN ms communication letter Of the
Governor In charge of Millbank prison and
ms reply thereto. Under date of October 3
1888, Secretary Frelinghuysen writes to
Minister Lowell directing him to
ascertain whether O'DOnnell was citizen
of the United States, and if so to do whatever
was necessary to secure his proper defense
lnclosed In this communication is a letter
from Hon. John +. Finerty, of Illinois, trans
mlttlng the resolutions adopted at a meeting
IN Chicago urging upon the Secretary of
state the necessity for immediate action by
the United States to vindiCate the right Of
O'Donnell to 4 fair trial. The reply of Mr.
Frelinghuysen to Mr.. Finerty is also enclosed
and IN 1t the Secretary says: SIT is not doubt
ed that the accused will receive far trial
according to the usual forms of law, which in
England are substantially those in force i'm
this country, and that any proper aid to
that end, which it is within their power to
furnish, Will be given by the representatives
or the United states in London Such aid
would be given. as matter of course, without
SPECIFIC instructions from this department
to any American citizen accused of crime in
is represented"
Under date of October 9, 1883, Secretary
Frellnhuysen encloses to Mr.. Hoppin the
request of Hon. John A. Logan and Others
that William f. Hynes and William w O'Brien
be authorized to appear in court in behalf
Of oDo1nell; He also encloses his
understands that Gen. Pryor and ex-Judge
Fullerton, of New York, are to take part in
the defense. Mr.. Lowell being absent from
London Mr.. Hoppin replies to the last COM
munlcatlon stating that he has come to the
conclusion that the certificate of naturaiza-
ton produced by O'Donnell was either
granted to some other person bearing the not
unusual name of Patrick O'Donnell, or that
1t was fraudulently obtained by the prisoner.
1t is possible, he says, that the State Depart
ment may decide that the simple fact Of the
prisoners possessing a certificate of
naturalization in his own name
is sufficient proof of his
citizenship, without regard to the antecedent
facts. facts 1t seemed to him that O,DonnelPs de-
fense had been properly secured, and that it
was not necessary for him to take any
further steps in that direction. IL was hardly
necessary for him to show the immense in
convenience, if not the absolute impractical
bllity, of providing, as a matter OF course,
professional assistance for destitute Ameri-
can cltlZens accused of crime in all parts of
the United Kingdom. Such action would
throw upon the legation judicial duties which
would materially interfere with its legti-
mate WORK, and would entail
great expense upon the government. 1t does
not seem to me that any serious argument is
needed on this point. But may refer to Mr..
Adams letter No. 400, of the 7th of Decem-
Der, 1867, to Mr.. Seward, In which special ap-
piication to the department was judged to be
necessary for permission to engage counsel to
defend one S. Burke, whose claims to protec-
ton were much clearer and stronger than
those of O'DOunell. Under date of October
%, Mr.. HOppin informs Mr.. Frelinghuysen
that he has made further inquiries con-
corning O'Donnelfs alleged citizenship,
and that while 1t is impossible
for him to give an authoritative opinion upon
the question. He can say that he was i'm
pressed with the apparent truth of O'Don-
nel's statements. The question of O,DOn
nelPs citizenship is summed up In the follow
ing communication from the Secretary of
State to the President:
''In response to your direction. 1 have the
honor to inform you that an investigation was
made of the right of Patrick O'Donnell to
claim citizenship in the United States the re-
suit OF which have the honor to commune
cate to you herewith. The statements made
in behalf of O'DonnelIs right to claim
American citizenship are conflicting
1t Is asserted that he is citizen: First, by the
naturalization Of his father tAIicbaeN While
he (the son, Patrick,) was vet a minor: sec
ond, by reason of service in the army Of the
United States during the late civil war and
third. by naturalization as one who resided IN
the I Unlted states for three years next prior to
his coming OF age and continuously thereafter
up to the time of his making application for
citizenship. The claim to citizenship through
his fathers act rests on his own statement.
No proof of the fact is found or
furnished, and it is not confirmed
by other members of the family that the
father ever was naturalized. Had he been
Patrick O'Donnell need not have applied
for naturalization. AS to the second point
O'Donnell himself says that an injury to his
arm prevented his enlistment in the army
but that he was employed as teamster in
1864 on a United States Government supply
train in Colorado. 1t has not been thought
necessary to verify this statement, for if true
the fact would not give him the right to
naturalization as one who had served in
the army, and, moreover, the certificate
Is not granted on the ground of his having
been soldier. In support of the third alle-
CATION he produces a certificate of his naural-
tZatlon, on Nov. q, 1876. by the Probate Court
OF Lawrence county, Ohio, cancelled fToo
late, not sent" Patrick ODonnell has a
certificate of naturalization. He NAV have
obtained it by a mistake of the court or by
his own mistake or there may be a mistake in
the statements he now makes and there vet
be an absence of fraud, and as a certif-
cate is prima facie evidence of citizen
ship and as | do not see evidence that
O'DOnnen practiced fraud upon the court
the United States legation at London was in
structed to consider O'Donnell's citizenship
established. Under date of December III
Secretary Frelinghuysen telegraphed Minis
ter Lowell of the action of the House of Rep
resentatives as contained in the resolution of
December 10, repeated his former instructions
to consider the citizenship Of O'Donnel es-
tabllshed, and concluded by saying; "There
being in Great Britain no judicial examina-
ton on appeal of proceedings at
criminal trial, possible errors can only be
executive action upon the sentence,
therefore this government Is anx-
ious that such careful examination
be given to the proceedings in this case as to
discover any errors, should one have been
committed.
You are, therefore, directed by the Presi-
dent to request delay of execution of SEN
tence, andthat careful examination of the
case be made by her Majesty's Government
and that the prisoners counsel be permitted
to present any alleged points of error. De-
tary Frelinghuysen, acknowledging the re-
ceipt on the 18th of his telegram of the Ilth
and stating that he Immediately sent its sub
stance to Lord Granville, who on the 18th.
acknowledged its receipt, and stated that it
had been referred to the proper authorities:
that on the date of his telegram. the 18TH Mr.
Lowell received final decision in the follow
ing words:
SIR-With reference to my letter of the 18th
instant have now the honor to state to YOU
that the counsel for O'Donnell, having sub
mltted such representations as he thought
advisable on behalf of the prisoner these
representations and all other circumstances
of the case have been carefully examined and
considered in the manner usual in cases of
capital convictions. and Her Majesty's Gov
ernment find no grounds upon which they
would be Justified in advising the Crown to
interfere with the sentence Of the law or its
execution. have the honor to be, etc.
[Signedl GRANVILLE
MRS. O'DONNELL IN NEW YORK.
She Dreamed at Sea that She Would
See Her Husband Alive Again.
NEW YORK, Dec. M.-Among the pas
sengers on the City of Berlin, which ar
rived to-day, was Mrs. O'DonnelI, widow
of the man who was hung for shooting
Carey. After O'Donnell had been SEN