The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1903-11-12
nesses to court with him who could swear
that the men had been in this country five

| nesses to court with him who could swear
| that the men had been in this country five
| years
'I also told him there would be no
trouble about the matter il he would re-
cure the names; take them to the st.
Louis Court Of Appeals, and have the two
| necessary witnesses to swear to the time
the applicants had been in this country.
Inc first I ever heard of the naturaliza-
ton frauds was when Barbaglia brought
me letter which re had received from
Bert D. Nortoni telling him to come to
the District Attorneys ofice.
'I asked him what 1t was about, and he
told me about receiving naturalization pa
pers for some Italians that had been
passed upon by the st. Louis Court of Ap-
peals. He said there were some blank nat
he had filled them out for some more 1tal-
ians. not thinking he was committing any
crime against the Government.
"I then for the first time knew about the
naturalization frauds; and told BarbaSlia
to go to Nortoni and tell him exactly what
he had told me-
Dolan also denied ever sending Police
man Garrett to Barbaglia's house with
blank certificates Of citizenship. and also
contradicted the averment of Barbaglia
that he had given Chris Schawacker $50 to
60 on Barbaglia's bond when he was ar
rested and indicted by the Federal author
tiles.
District Attorney Dyer declined to cross
examine any Of the defendants.
A number of witnesses were called in
the afternoon to testify to the good char
acter of the defendants. District Attor-
ney Dyer said the Government was willing
to admit as a matter of record the pre-
vious good character of defendants.
Attorney Rowe. however. insisted upon
introducing the evidence, and Judge
Adams ruled that the defense could intro
duce four character witnesses for each de-
fendant.
David r. Francis. Festus ]. Wade.
Judge Vale Reyburn, the Reverend J. J.
Earty. James Bannerman, Henry c.
Thompson and the Reverend E. A. Casey
were questioned as to the reputation of
the defendants In the community for hon
esty and integrity. All testified that the
regulations of the defendants were good.
WRITING EXPERT TESTIFIES.
District Attorney Dyer asked no ques-
tions of the defendants character wit
nesses.
J. NJ Trendley. who testified in the Mol
ineux case in New York. was put on the
stand by the defense and stated that the
handwriting in the alleged forged natural
ization papers and that in which "Minor
Papers: Italy, was written was not in the
of Barrett.
Edward l.. Butler. who conducts gro
Gerry store and saloon, testified that Bar
baglia made the statement to him that
he had himself gotten blank certificates
of citizenship from the st. Louis Court OF
Appeals.
When court opened at 10 o'clock yester-
day morning. Attorney Dyer announced
that he had. in pursuance Of the request
of defendants attorneys, elected to go
before the jury on counts one. two. hve,
six, eight and nine. This eliminated
counts three. four. seven and ten. Judge |
Krum then filed demurrer to the counts |
which the Government had elected to |
stand upon.
Judge Krum argued the demurrer for |
three hours. taking the view that Con-
gress. in prescribing punishment for frauds !
against naturalization laws could not take |
cognizance of any paper that was not gen. |
timely issued by court. He made dis |
tinction between forged and false GER
tifcate of naturalization. The papers. he |
,aid, upon which the Government based |
II case were only manufactured in SIM |
litudes." and not papers falsely issued by |