Evening journal., 1902-10-10
OPINION GIVEN
IN ITALIAN CASES
Judge Bradford Sustains De-
murrers Filed in Three
Naturalization Cases
LAW ON THE MATTER QUOTED


Iurist Holds That Indictments Drawn
by William Michael 6yrne Did
Not Charge oHense Against the
United States
Judge Bradford. in the United States
court, this morning, handed down an
opinion in the case Of Carmen Meln.
Giovanni d. Felipo and Saverio Pos
en-, the three Italians who were in
licted by the Federal Grand Jury for
dolating the naturalization laws of the
Government The indictment spe-
ifcally charged them conspiring with
iiovanni Petollcchio to obtain nat
ralization papers for twenty-one Ital-
ans by making false statement The
anne charge was made against Joseph
A. De I.ucca, and Judge Bradford de-
sided that the defendant would have
o be dismissed, inasmuch as the in
lictment did not charge any offense
against the laws OF the United States.
When the case of the three Italians
vas taken up a general demurrer was
He'd to the indictment by Harry EN-
mons representing them.
William Michael Byrne, who was
hen district attorney, contended that
he indictments were sufficient to war;
ant the men being tried. There was
4 long argument on each side. Judge
bradford considered the case. and this
morning handed down the following
opinion:
Judge Bradford's Opinion
A general demurrer has been filed to
the indictment In this case which
charges the defendants with a vio.a-
don Of section 5.44O United States re-
yised statutes. ais amended by the act
Of MAY II. 1879. Section 5,44O az
amended is as follows:
III two or more persons conspire
either to commit any offense against
| the United States OF to defraud the
| United States in any manne- or fcr
any purpose. and one or more OF such
parties do any act to effect The object
Of the conspiracy all the parties to
such conspiracy shall be liable TO a
penalty Of not more than ten thousand
dollars. or to imprisonment for not
more than two years OF TO both fine
and imurisonment In the discretion OF
the court"
The indictment In substance charges
| that the defendants. Carmin Melh.
| Giovanni ID. FelliDo and Saverio Pos
ten. alias Vito Spera, unlawfully con-
] s1ired with Giovanni Petoicchio to
commit an offense against the United
states "by causing the violation of
section 5,425," and that such offense
consisted I'm this. that by their con-
spring and inducement" twenty-one
persons named in the Indictment
SHOULD obtain accept and receive GER
tain certificates Of citizenship for
themselves. "by means Of certain false
statements. made with intent TO pro-
cure the issuance Of said certificates of
citizenship to them;" and that "the
said Giovanni Petolicchio to effect THE
object OF the said conspiracy" entered
into between him and the defendants
did aDDaar before the District Court
OF the United States for the district Of
Delaware. and the Superior Court OF
the State OF Delaware. in and for New
Castle county. sitting at Wilmington
and did then and there make certain
false statements TO said courts, with
intent to procure. from said courts
the issuance" to the twenty-one per
sons above referred to "of certain Ger.
tifcates OF citizenship under the laws
OF the United States relating to the
naturalization OF aliens. which said
false statements were then and there
well-known" by the defendants and
Petoliochio ito be false. and which
said false statements consisted In this
that the said Giovanni Petolicchio ther
and there. made certain statements tc
the said courts on a matter materia,
to the proceedings then and there de-
rsnding before the said courts and
concerning which the said courts had
Jurisdiction" that the twenty-one per.
sens above referred to "had resided
within the State of Delaware one year
! at least: whereas. in truth and in fact
the said" twenty-one persons had no.
resided within ihe State Of Delaware
one year at least. but heretofore lived