The evening times., 1900-06-05
FIFZHARRIS ANlAULLEqf
Their Appeal TO Be Permitted to
Land Being Heard Today.
Were Convicted of Completely I'm the
AssHssinatIon of Lord CavendIxh
and Secretary Burke, and Were
Excluded ex-COnVicts-POinfs
Before Cona,nissioner PowderIy.

The appeal Of James Fitzharris and
James Joseph Mullett from the decision of
special board of enquiry at the port OF
New York, refusing them permission to
land in this country. is being heard this
afternoon before Assistant Secretary Tay-
lor OF the Treasury Department.
Fitzharris and MuIlett were convicted
Of completely in the murder in Phoeni..
Park, Dublin, OF Lord Cavendish and In
der Secretary for Ireland Burke. and after
having served seventeen years of their
sentence OF Imprisonment for life they
were recently pardoned and came to this
country for the purpose of visiting
friends.
The Following letter was received today
at the Bureau Of immigration from George
NJ. Curtis. of New York. the attorney of
Fitzharris and Mullett. containing the
points upon which The appeal was taken,
and upon which they claim admission:
Hon Terence V. Powderly. Commissioner
General of immigration, Washington, DC:
Dear Sir: Your letter dated June ! has
Just reached me. I venture to request that
you VIII communicate with me the day
ana hour OF the hearing which is to be had
In Washington, and also give me at least
twenty-four hours notice thereof. so that
l may arrive in time to present my side
OF the case. beg you will not forget that
some OF the principal positions taken by
US are the following:
Il. Although the Supreme Court OF the
United States has recognized the eonstitu-
tional character OF this Board OF Special
Enquiry, stlll IL has never given license
10 that Board to condemn any person 10
sentence of deportation upon evidence IL
legal, Incompetent. and Insufficient. In
Other words, while they possess the power,
within the pale OF a lawful discretion. they
are responsible to the Appellate Tribunal
for an abuse OF that discretion. and for a
judgment rendered upon evidence which is
insufficient and incomplete in law.
2. Both OF these persons, so far as the
record disClOses. have been the recipients
Of a pardon for the crizne whereof they
were convicted by a corrupt British jury.
upon false, perjured, and purchased testi-
mony. ard it viii be 81 new construction
OF the set OF Congress II people con-
yicted substantially OF political Of
fences, receiving a pagdon from the Gov
ernment whose laws i is claimed they Of
Tended. should be pUrsue5, as outeasts and
felons upon the friendlys Aoii OF the United
States-a land sgains. whose Government
and institutions they Ssve never raised a
manu-, anu AoI tlAs PEI pet NY Ol WHICH lQeN
viii never cease to pray.
80. l. Will be noticed that neither
Of thC5e gentlemen came 20 the United
States to remain. Mr.. Mullett is trades
man in the city OF Dublin. in good standing
unmOlested by his own Government. The
card Of his business was submitted on the
original enquiry. and he says that be in
tends to return 10 his own country, but be
VIII never submit. without resistance 10
being deported from the United states Is
a criminal, which he declares himself not
TO be- Mr. FitZhaTris tells Us that he
came here for visit. 10 see this country.
OF whose laws and liberties he has had
such delusive Information. That he has
sufficient means for his maintenance: that
he can get more on application 20 his
friends at home. and that he Is enabled 10
work at his business. that OF an operator
OF the Singer machine. IL necessary. 10
maintain himself. Therefore. he is not.
in the sense OF the law. a pauper. Jesides
Mr.. Patrick O'Brien. and other emmett
Irish-American citizens. will give bonds u
any amount that he shall never become a
charge upon the people Of the United
States FftzbarTis has received,
assuming the record to be correct.
and the evidence properly admit
ted. pardon of the Government whose
laws it is claimed he Offended. and TO this
pardon. this act OF grace, Is attached but
one ccndition-that while in the Old COIn-
try he shall report himself at the end of
stated terms In point Of law il differs in
no sense from the pardon OF Mt. Null
lett. so far as the operation Of the immi
grafton law of the United States is con
cerned-
Il There Is no legal. competent.
proper evidence that either Of the detained
persons are convicts. or ever have baen
cOnvicts. and the only legal, competent
evidence contained in the record is that
by whatever term the offence technically
might be known, It was the result, the
outcome. of political friction. and Is. there
fore. what the law denominates a political
offence, and these men are political Of
tenders in the sense that the laws Of immi-
grafton OF the United States are sought 10
! be applied to them. The Government can
not take the record for one purpose AID
emasculate II for another. II il is good for
the condemnation CT the detained persons.
il must be potent as well for their saliva
| tion.
Il feel, naturally. a very great interest
| in the outcome OF this matter l feel that
an effort is being made to dishonor the
American name. and to put my country in
| the position of Obsequious vaszalage TO
| Great Britain, when 1 know that the pro
per application Of the law teaches us to
defy the government Of Great Britain. even
with a sword in hand
Very respectfully yours,
GEO NJ. CJTRTIS