National Republican., 1883-12-25
o,poNNEL1,s DOOM.
Full History OF the Efforts Made TO Save
Kim From the English Hangmnn.


Full History OF tile Efforts Made TO Save
Kim From the English Hangmnn.
The president yesterday transmitted to tho
house of representatives the report of the secre-
tary of the state with voluminous correspondence,
in response to a resolution Of the nineteenth in
stant calling for communications and papers on
file In the state department "relativo to the trial,
conviction, and execution of the late Patrick
O'Donnell" The correspondence covers tho
period from Sept. n to Dec. 10, 1888.
ON the eighth OF october the secretary Of state
received fom Mr lioppin, Of the United states
LEGATION al london, n letter dated twenty-iourth
of September iuclosing note from the governor
Of the prison, stating that ODonnell, u prisoner
there, claimed American citizenship, and was
anxious to have solicitor appointed. Mr.. Hop
pin stated that he went to the police and was
shown mutllnted copy of certificate of natural.
iZation On the fifth Of October the secretary OF
state wrote to Mr.. Lowell to ascertain whether
0Donnel was an American citizen, and to do
what he could for him.
on Oct. IS Mr.. Hoppin wrote TO the secretary of
state deter received on twenty NINTH stating the
result of the inquiries us to O'Dohnelps citizen
ship, and, alluding to the mutilated certificate,
stated that as lie was known by the name OF
Michael, ms wel as Patrick, there was some doubt
on the subject. lie since inquired OF the police
authorities and learned that the prisoner was
born In ireland about 1885, went TO the United
States in 1863 enlisted in the army and sOon de.
serted: returned to Ireland about 1870. remained
there until 1874 or 1870 when he returned to the
United States, and aiterwaru went TO Ireland. In
1889 he went TO the United States, and returned to
Ireland shortly before he left for Cape Town. Mr..
Hoppin further stated that competent solicitor,
MR. Guy and disguished barrister Mr.. Sullivan,
had been retained for the defense, and that II was
reported that Mr.. Charles Russell, q. O.. NJ. r,
was also retained. as well rs Mr.. Pryor and Mr..
Fullerton. lie stated that the trial had been post
poned until November, which would give ample
time for securing witnesses.
dispatch, Mr.. Frelinghuysen telegraphed to the
London legation to ascertain whether O'Donnell
was United States citizen. This Mr. Hoppin an
telegram tMgutN-SeCOnu
tober, stating that O'Donnell claimed citizenship
through his fathers naturalization, during his
own minority, but for security had taken out pa.
| pers in 1876 at Ironton, Ohio; further, that
| ODonnell said that he had resided in the United
| states continuously for seven years prior to his
Naturalization, and that he knows nothing Of the
alias "Mchuel." Mr.. Hoppin added that he was
impressed by the apparent truth OF the state
| ments.
Further correspondence with Mr. Hoppin as
to ODonnells citizenship and war record Is
given. =,
Dec II Mr. Frelinghuysen directed Mr.. Lowell
| to request u delay OF execution of the sentence,
and that careful examination of the case be
maze ana tas1 e noSS oouSel M Te
| the fifteenth Mr.. Lowell answered. giving the
final decision, that the counsel for ODonnell
having submitted 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 consid,
| cred in the manner usual In the cnse OF capital
| convictions, and her mgjestys government find
no grounds upon which they would be justified in
|
of the law or its execution"
Aletter written by the secretary of state to the
President, Dec IL, presented u synopsis OF the
case. The paper says that O'Donnells claims To
citizenship, through his f! Ter acts. rests on his
own statement no prooio OF me fact is found or fur
nished. and II Is not confirmed by other members
OF the family that the father ever was nauralized.
Had he been, Patrick O'Donnell need not have np-
piled for naturalization. AS to the second point
(O'Donnells war services) O'Dunnell himself says
that an injury to his arm prevented his enlist
ment in the army but that he was employed as
II tcnmster in 1864 on a United States government
supply train in Colorado.
IL has not been thought necessary to verify this
statement for if true, The fact would not give him
the right to naturalization us one who had served
in the army, and, moreover the certificate is not
soldier Iii support of the third allegation he
produces n certificate of his naturalization on
Nov 6, 1876, by the probate court of Lawrence
county, Ohio. This certificate was issued in con-
formty with section 2l67 of the revised statutes,
| which provides that "any alien, being under the
age of27 years, who has resided in the United
States three years next preceding his arriving al
that age, and who had continued TO reside therein
TO the time he may make application to be ad-
mitted u citizen thereof" may be admitted on
making the prescribed declaration of that time
| instead oftwo years before naturalization.
II would appear that this certificate was irregu-
larly granted, for on ODonnels statement made
to the United states charge d'atlatres at London,
he returned to Ireland alter attaining majority,
and remained there between 1867 and 1871 and
consequently had not continued TO reside in the
United States from the time of his coming of age
to the time of making application To be citizen,
as he must have done to conform TO the require
menls of the statute II is also uncertain whether
he, in fact resided here for the three years next
before attaining majority. BY his statement to
Mr.. HOppin he is now about As years old which
puts his birth about 1885; in the declaration Of in
| tention, made at the time of naturalization, he
declares that he was born in 1885,
lie must therefore, have attained majority
some time between 1856 aud 1859. By his own
statements he came to this country with his
| mother (his father being already here), when
| about or years old ClS39- lSii) returned to Ire
land whel II years old QSl7-lS10), and came back
to the United States in 1861, when he must have
been between % and % years old; that, between
the cxtemc dates assigned by himself the three
years next preceding his reaching majority would
| appear to have been spent in Ireland.
| The act of naturalization being, however, q
judicial decision, 1t can hardly be impeached, ac
| cOrding to the rules established in the Spanish
| American commission by showing want OF jurs-
diction the part of the granting court; or fraud
p1cticet by the applicant on the court or that
the naturalization was in violation of treaty stip
uations.
Patrick ODonnell has a certificate of naturaliza
ton. He may have obtained it by mistake of the
court or by his own mistake, or there may be mis-
take in the statements he now makes, and yet be
an absence of fraud and as the certificate is primn
iacie evidence of citizenship, and az do not sec
the evidence that ODonnell practiced fraud upon
| the court, the United States legation ut London
was instructed to consider O'Donnell S citizenship
| established.