The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-12-25

fair trial.
The reply of Secretary Frelinghuysen to
/ Finerty was also inclosed in it, The Secre-
tary says ut is not doubted that the &C.
cused will receive a fair trial according to
the usual forms of law, which in England
are substantially those in force in this coun-
try, and any proper aid to that end which is
within their power to furnish will be given
by the representatives of the United States
in London. Such aid would be given as
matter of coure, without specific instructions
from this department. to any American citi-
zen accused of crime in any foreign country
where this government is represented"
Under date of Oct 8, Secretary Freling-
huysen indorses to Hoppin, the request OF
Hon. John A. Logan and others that VIM.
f. Hynes and VIM. W. OBrien be author
lied to appear in behalf of O'Donnell. He
also incloses his reply thereto, stating that
he understands General Pryor and ex-Judge
Fullerton, of New York, are to take part in
the defense.
Lowell being absent from London, Hop
pin replies to the last communication, stat
ing that he has come to the conclusion that
the certificate OF naturalization produced by
ODonnell was either granted to some other
person, bearing not the unusual name Of
Patrick ODonnell, or was fraudalently OBJ
| tanned by the prisoner. at IS possible" he
says, "that the State Department may decide
the simple fact of the prisoners possessing
the certificate of naturalization in his own
name is sufficient proof of citizenship, with
out regard to antecedent facts" 1t seemed to
him that ODonnell's defense had been prop
erly secured and it was not necessary for
him to take further steps in that direction.
1t is hardly necessary for him to show the
immense Inconvenience. if not absolute i'm
praetlcability of providing as q matter of
course, professional assistance to destitute
American citizens accused of crime in all
parts of the United Kingdom. Such action
4
which will materially interfere with its
legitimate work and entail great expense
upon the government.
Under date of Oct %, Hoppin informs Sec
rotary Frelinghuysen that he has made
further inquiries concerning ODonnelPs al
legged citizenship, and while it is impossible
for INN to give any authoritative opinion
upon the question, he can say that he was
impressed with the apparent truth of O'Don-
nelPs statements
The question of O'DonnelPs citizenship is
summed up in the following communication
from the Secretary of State TO the President:
In response to your direction, I have the honor
to inform you that investigation was made of
the right of Patrick O'Donnell to claim citizen
ship of the United States, the result of which
move the honor TO communicate herewith The
statements made in behalf of O'DonnelPs right
OF citizenship are conflicting. IL is asserted that
he is cltizen first, by the naturalization of his
father Michael, while he, the son, Patrick, was
yet minor. Second, by reason of service in
the army of the United States in the late civil
war; and third by naturalization as one who re-
sided in the United States three years next
prior TO his coming OF age and continuously
thereafter qPsto the time of making application
for citizenship The claim of citizenship through
his fathers act rests on his own statement
NO proof of the fact is found, or furnished
and 10 is not confirmed by other members of the
family that his father ever was naturalized.
Had he been, Patrick ODonnen need not have
applied for naturalization. AS to the second
point, O'Donnell himself says an injury to his
arm prevented his enlistment in the army, but
ne was employed as teamster in 1864, with
united states government supply train in Col
oradO. 1t has not been thought necessary to
verify this statement, for, if true, the fact would
not give him the right of naturalization as one
who served in the army, and moreover, the GER
tifcate was not granted ON the ground of his
having been soldier. In support OF the third
cation dated November 6, 1876, by the Probate
Court OF Lawrence county, o. This
t Ti:S tno was nStto issued in conformity
which provides that any alien, being under the
age of twenty-one, who has resided in the
United States three years next preceding arriv-
ing at that age, ana had continued to reside
therein to the time that he may make appli-
cation to be admitted as u citizen thereof may
be admitted on making the prescribed declara-
tion AT that time, instead of two years before
naturalization. 1t would appear that this GER
tlfcate was irregularly granted, for on O'DOn-
nelFs statement made 10 the United States
charge d'affaires at London, he returned to
Ireland after attaining his majority, and
remained there between 1867 and 1871,
and consequently had not continued to re-
side in the United States from the time of COM
ing OF age to the time of making his appi-
cation to be q citizen, as he must have
done to conform to the requirements of
the statute. 1t also uncertain whether he, in
fact, resided here for three years next before
attaining his majority. BY his statement to
Hoppm he Is now about forty-eght years old
which puts his birth about 1885. In his decla-
ration of intention made at the tiIle Of his nat
uralization, he declares that he was born in
1888. He must, therefore, have attained his
majority sometime between 1856 and 1859
BY his own statement he came to This country
with his mother CHS father being already nere)
when about tour or six years old 1889 or 1S4Q.
returned to Ireland when twelve years old (1847
or 1850. and came back to the United States in
1861, when he must have been between twenty
three and twenty -six years old. SO, between the
bextreme dates assigned by himself. the three
years next preceding that of reaching his ma
IN Ireland. The act of naturalization being
however. judicial the decision can only be
lmpeached according to rules established
by the Spansh-American commission by show
ing want OF jurisdiction the part OF the grant,
ing court or fraud practiced on the part of the
applicant on the court that the naturaliza-
ton was violation of treaty stipulations.
Patrick O'Donnell has certificate OF natnrali-
cation. He may have obtained 1t by mistake of
the court, or by his own mistake, or there may
be mistake IN the statements he now makes
and yet in the absence of fraud, and as the certf-
cate is prima facie evidence of citizenship. and,
as l do not see evidence that O'DOnnell prac-
ueed fraud upon the court the United States
legation in London has been instructed TO con-
slider O'Donnelfs citizenship as established.
The correspondence closes with the tele-
gram of Frelinghuysen to Lowell instruct
ing him TO ask respite for O'Donnell and
the reply of Granville refusing TO interfere
with the sentence, the law or its execution.
Mrs. O'Donnelps Dream.
New YORK. Dec 24.-Mrs. O'Donnell, wife
OF Carey's slayer, has arrived from England.
On the voyage she dreamed her husband was
respited, and that she would again see him
alive. She was much overjoyed by the
dream, which she told her friends The hap
piness, however, was rudely dispelled on
reaching the port when she learned that her
husband had been hanged.