The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-05-06

naturalization paper. The opinion
reads as follows
The relation of the district attorney in this
case attacks the respondents citizenship; first,
because it does not appear upon the face of the
petition that the oath required by law had been
administered either TO Mcliac or his witness,
Durkin. In other words, that while the oath in
each case appears TO have been subscribed by the
party purporting to have been sworn yet the
clerks signature is not affixed to the jurat.
Whatever the pratice my be in other iurislic-
tions, the uniform practice in this court has been
that one of the judges personally examines the
applicant for naturalization under oath admins.
tered in his presence, and II the application is
approved, the final oath is then administered in
the presence Of the judge Tie presumption is
that this was done in the present case and that
the clerks signature to the jurat was omitted by
oversight. There is no evidence before us to
overcome that presumption.
Reference to the record shows McITalc's name
in the naturalization index. Such entry has been
held to be sufficient evidence that the clerk 8
name was omitted from the iurat by accident.
CERTIFICATE REGULAR
The certificate in this case is regular on its
face and properly attested with the seal of the
court. Such certificate is sufficient evidence in
the first instance that the individual named in it
duly examined aud sworn in open court and
in the presence of come of the Judges. and that
the certificate regularly and lawfully issued
1t is not conclusive but those who assert that
the certificate was not issued according to law
must prove it.
The second ground of attack relates to the date
Of the respondents coming TO this country and
his age at that time. His certificate was granted
October 2nd, 1885, upon a petition setting forth
that he arrived in this country in 1916. that he
was then under the age of eighteen years, and
that he had resided here for five years then last
past. II was claimed on the part OF the rclator
and we are asked to find from the evidence. that
these averrnents were false, and that Mclialc did
not come to this country until 1888, being then
far past the age of eighteen years. While there
is no doubt about power to vacate the decree
for fraud practiccd in procuring it, yet the bur
den OF establishing the allegation OF fraud by
sufficient proof is ,fpon the rcator The prcsump
ton is in favor of the integrity of the decree.
The fraud alleged in this as in others, can
not be presumed but to warrant lis in vacating
the decree must be established, at least TO a
moral certainty.
Giving full force and effect to the evidence on
the part of the rcator, it may be said TO raise
some suspicion as to the date of McIalc's arrival
in the country and his age ut that time, but this
is not enough to answer the requirements of the
law and TO impcach the validity of decree OF
this court The rule is therefore discharged.
McHale's papers were attacked by
William Rush whom he defeated for
common council in the Eighteenth
ward.
KOSH GETS A NEW TRIAL.
In February, Michael Kosh was con-
victed of having placed an obstruction
on the Delaware, Lackawanna and
Western tracks, near the Mt Pleasant
colliery. The chief witness for the COM
monwealth was Frank Jones, and a new
trial was asked for on the ground that
Jones was man given to prevarication
who could not be believed under OATH
Judge Kelly yesterday made absolute
the rule for new trial, in the follow
ing opinion:
This defendant was convicted of a
very serious offence. If sentence is to
be pronounced upon the verdict. con-
sistency requires that it be substan-
tial one. Upon full consideration of the
evidence given at the time, and upon
the rule for a new trial, we are reluc-
tant to pronounce sentence upon him,
without giving him the benefit of an
other trial. Rule absolute"
In the matter of the grading of the
main road in Moosic borough, Judge
Edwards declared the appeals incura-
bly, defective for many reasons. and
confirmed the report of the viewers
finally.
Other opinions rendered We're as
follows:
BY Judge Edwards:
City of Carbondlle against II. d. Jadwin,
Thomas O'Conncll ct al, and Alexander GILES;
judgment on demurrer for defendants
City of Scranton against George Wucncli. Mary
Williams, David NJ. Williams, George F. Kellar,
Roger MoGowan, Mrs. Harriet T. Coync; judg.
ment on demurrer for defendants
Antonio Magnotti against lgnatz Imeidopf;
judgment directed to be entered in accordance
with the report OF the referee.
j. o, AcserIuan, trustee, against Joseph Joseph;
rule to open judgment made absolute
Commonwealth against Thomas W. Stark; rule
to surrender defendant discharged.
By Judge Kelly:
James Campbell against the Scranton Railway
company and Charles Klein against the Scranton
Railway company: plaintiffs directed to file a
more specific statement within twenty days, or
suffer judgment.
INJUNCTION GRANTED.
John p. Walsh ct al. against the city of Car.
bondalc; Injunction granted to restrain the de,
tcndan from entering into an electric lighting
contract with the LackawNnna Valley company,
which contract was not authorized by ordinance,
but simply by joint resolution,
In re: Grading OF Ninth street. Scranton; rule
to strike oil appeals from report OF views dis.
charged.
Thomas II. Clark against Charles Stuart; rule
to strike off ncn suit discharged
Nolan against Nolan; by agreement Injunction
hearing continued until May IL, and defendants
to have control of the business, pending settle
mcnt, providing they give security to plaintiff.
By Judge Newcomb,
Joseph Walker against the Walker Automatic
Steam Coupler company; rule to strike off judg-
mcnt discharged,
Union Cash Stores against DIR. George LuXcm-
berger rule for new trial discharged
Pennsylvania Central Brewing company against
Peter Lnpowicz; rule for judgment for want of
Mary lIaggerty, Administrative, against the city
OF Scranton; rule for new trial discharged.
Per curlam;
A. u. Dean against 4, W, Brown; fees of the
MASTER -M. 4, Wilcox, fixed at $3.50, the same
to he paid by the parties in equal moicties
Freedman & IIerkoyiz against NJ. ID. Breschel;
rule granted on plaintiff to give security for
costs.
Lewis Knitting company against ID. Harris &
Co; rule granted on plaintiff to give security
for costs.
New York, Ontario aud Western company
against the Northwest Coal company; prelini-
l,,,