The record-union., 1892-05-06
RODGERS CITIZENSHIP.
The Chiefs Election Being Contested
Before Judge Van Fleet.
The Defendant Occupies the Witness
Stand Nearly All Day-The His
tory OF His Life.

The suit of NJ. NJ. Drew, contesting the
election of Chief of Police John B.
Rodgers, came up for hearing before Su-
perior Judge Van Fleet yesterday.
Rodgers was on hand promptly with
ms attorneys, r. 7. Devlin and Brusie 81
Laysoh. Nj. NJ. Drew, the contestant,
vas III court during portion of the day,
ouC uld not pay as much attention to the
proceedings as did his nephew, ex-Chief
warren f. Drew, who is virtually the
contestant Of Rodgers election. The
Drews were accompanied by their attor-
heys, Grove j.. Johnson and Charles T.
Jones.
RODGERS TESTTFIES.
Rodgers counsel first moved to dismiss
the proceedings on their demurrer, and,
upon the matter being overruled, the
Chief was placed on the witness-stand for
examination by the contestants lawyers.
Mr.. Jones did the questioning. The wit
ness gave his true name as John Baxter
Rodgers, and said he was born in Aus
tralla. He could not give the date of his
birth, but he had been told that it was
December, 1852. The witness admitted
that he had very bad memory. He
knew that he had registered numerous
umeS In this county, but did not know
whether he took an oath or not. He
thought the first time he registered was
IN 1870 or 1872, but he did not know.
Attorney Jones piled the witness with
a long line Of questions, the object of
which were to bring out something that
would tend TO show that Rodgers pres
ent age is past forty, and that he was past
twenty-one when his father was natural
iZed But the Chief could not enlighten
attorney aG hn pnlJl6
member the dates of his registrations or
how old he was when registering.
The witness was shown the registra-
tions of 1882, wherein his name appeared,
and his age was given as 80 years. He
recognized his signature, and said he sup
posed he had given his correct age. He
recognized his signature in other registra-
tions, comparison of which showed that
he had not been over careful in giving his
age. He explained, however, that at no
time was he ever certain as to his age.
HAD TAKEN ADVICE.
The Chief, in answer to further dues-
tions, acknowledged that prior to the re-
cent election he had consulted with Dep
uty Attorney-General Layson with refer
ence to his citizenship and eligibility to
Office.
Rodgers attorneys objected to his Civ
ing any information regarding that con-
ference, but the court overruled the OBJ
lection. The witness then said he had
told LaysOn that he believed he was
twenty-three years of age when his father
was naturaliZed
Further questioning developed the fact
that Rodgers first registration was made
when he was under age. Drew's counsel
jumped at this and wanted the witness to
say that he knew he had sworn falsely in
making that registration. He replied,
though, that he did not know whether he
had taken an oath or not. He remem-
fhgat.g l.
thing-a paper or book-but he did not
remember having been called upon to
take any oath.
HIS CHILDHOOD.
During the afternoon session Chief
dodgers was required 10 give the history
of his life from as far back as he could
remember up to the present. He named
The various schools he had attended, and
the various places he had worked as a
blacksmith. In 1877 he was married to
Miss Flora J.. Morrison. According to
his best recollection he was married un- |
der the name of Baxter, but he did re-
member how old he was at that time.
Why did you marry under the name
Of BaXter?" asked Attorney Jones.
Because that was my real name," re-
piled the Chief. II had always thought
my name was Rodgers until shortly be-
fore | got married, when my mother told
me that my fathers name was Baxter.
father.
The county marriage records were here
produced, and offered in evidence They
showed that J. A. Baxter, aged u, took
out license to marry +. l.. Morrison,
aged 20, in 1877.
Resuning his testimony, the Chief said
he had only seen his father Baxter once, |
and that was in 1881, he thought His |
father had been living III the mountains, |
and, being taken i'll, came to his sons
house, where he died. After his fathers
death the witness examined his effects
He found his fathers naturalization
papers in trunk, and had kept them
ever since.
BANTER'S CITIZENSHIP.
The naturalization papers were here
produced in court. They showed that
Thomas II. Baxter, a native of Australia,
had been naturaliZed in Nevada County
on the 30th of August, 1878, he having
then resided the necessary five years in
America. The papers were issued bv
Judge Caldwell of that county. and duly
subscribed and sworn to by the County
Clerk.
at this juncture and Mr.. Devlin pro-
pounded a few questions to his client.
IN answer to them Chief Rodgers said
;hat it was some twenty years ago when
he first learned that his name was Bax-
ter. He was put out to work when he
y y
member ever having seen his father until
just before the latter died. He had al
ways supposed Rodgers to be his father.
He registered under age, because he
knew no better. a man named Smart.
who belonged TO Volunteer Fire Com
pany No. / with the witness, had taken
him to be registered. The witness told
him he was under age, but Smart said
'tbat was all right" He did not know
whether or not he was required to take
any oath At no time in his life did he
ever celebrate his birthday, and nothing
had ever occurred that he remembered of
10 fix the date of his birth definitely in
his mind. From what he had been able
to learn, however, he believed he was
born in December, 1852
GOING OVER THE GROUND.
Being turned over to the attorneys for
the contestant again, Chief Rodgers was
subjected to another long examination,
much of which was repetition of what
he had been questioned about during the
forenoon session. He said he was not of
age when he joined the fire company,
but he was large for his age and was
signed so as to complete the roster.
Attorney Jones asked the witness If 1t
was not a fact that he had once registered
in Placer County, and was atterward re-
registered in Sacramento County on
transfer.
The witness replied in the negative. He
said, however, that he had once gone to
Vallejo and was registered in Solano
County. subsequently he moved back
To this city and registered here on a
transfer.
The records were produced. showing
that i'll 1871 John Rodgers was registered
on transfer from Solano, and the entry
g;lxe his age as u.
Ia 1F