Evening journal., 1902-09-12
FLAW FOUND
IN INDICTMENT
Startling Developments in
Naturalization Case
NOLLE PROSE- MAY Be ENTERED
Judge Bradford Calls Attention 10
Fact That No Ofensc Against
Statute Is Charged

There was an unexpected develop-
ment this morning In the case OF
Joseph A. De Lucca and Joseph Vim
nucci. who have been on trial before
the United States Court for conspir-
ing TO obtain naturalization papers for
four Italians. The probability is that
a nolle PROSE- will be entered this ar
tcrnoon.
Afetr District Attorney Byrne had
finished his argument, Judge Bradford
said he desired TO address the counsel
on both sides. but that he did not wish
the jury 20 be governed by anything
he said.
This Indictment" Judge Bradford
said. was not demurred to- No mo-
tion was made to quash e. / deem It
fair TO bring to the attention of coun-
sci a point not alluded to by either
side, which presents a grave question
which has never been raised before.
The question I'm my mind affects the
validity of the Indictment, and affects
the disposition OF the case It Is not
in regard to the evidence. but to the
framework OF the Indictment The
question is not whether the facts show
that a crime has becn committed
against the United States. but whether
the indictment sets forth anoffensepun-
ishable under the laws of the United
States II It does not, am bound to
say 10 the jury in my charge that II
cannot convict. If II does 1t goes to
the Jury on It's merits. Therefore, It Is
necessary before / can deliver the
charge TO bring the matter to the at
tentlon OF the counsel"
This Indictment is for conspiracy.
Il charges that the defendants charged
In the Indictment committed an Of
Tense against the United States, found
I'm Section 5425 Of the statute. This
ysection says that every person who OBJ
tains. accepts or receives any certih-
cate OF citizenship known TO have been
procured by any false statement made,
with intent to procure the issuing Of
such certificate. shall be punished.
"The Indictment sets forth that the
two defendants did unlawfully conspire
TO commit an offense against the
United States by causing the violation
OF statute 5.425. the offense consisting
OF obtaining certificates for four Ital-
ians by making false statements.
Il never heard OF this being done be-
fore. but felt It my duty to bring It
before counsel so that the courts can
get the views Of counsel"
Mr.. Whlteman Replies
Mr.. Whiteman said It was his desire
that the case go to the jury. Judge
Bradford said II there Is no offense
charged and the court has no jurisdic-
ton. 1t cannot go before the jury.
T'hs question whether the case will
be nolle pressed will be considered this
afternoon.
Attorneys Present Prayers
Attorneys for both sides presented
their prayers to the court yesterday af-
ternoon. District Attorney Byrne de-
livered the opening address to the
jury. He declared that De Lucca had
made false oath TO naturalization pa
pers and sought to excuse himself by
saying he believed these men lived in
the State.
The Italians came from AvOndale, be
said, and Vannucci was the man who
pointed out De Lucca as the man who
would get the papers. The question
whether De Lucca was good or old
man did not enter into the question.
7 j. Frank Ball and j. Harvey White
man addressed the jury for the de-
fense.