The St. Louis Republic., 1903-11-13
Judge Krum Will Finish Argu-
ment for Barrett, Dolan and
Garrett This Morning.
N0RToNps ARRANGEMENT.
Prosecuting Attorney in Speech
to Jury Pities Barbaglia, Who,
He Says, Was Victim
of Politicians.

The entire day yesterday was consumed
| In the argument Of the case Of the Gov
ernment against Thomas Z. Barrett, John
p. Dolan and Frank P. Garrett, charged
with naturalization frauds. and it is prob
able that the case will not get to the
jury before noon to-day.
For the Government Assistant District
Attorney Bert d. Nortoni spoke more than
three hours. Thomas ]. Rowe followed
him for the defense and he was followed
by Judge Chester H. krum. Judge Krum
was In the midst Of his argument when
Judge Adams adjourned court at S o'clock
Judge Krum will resume his argument
this morning and expects to finish it in an
hour.
Before the speeches began Judge Adams
called District Attorney Dyer, Assistant
krum and Mr.. Rowe to the bar and
asked how Ions each side desired to pre-
sent arguments to the jury. The attorneys
| of the case to be limited. and after some
discussion Judge Adams told Them to take
all the time they wished.
No testimony of any kind was intro
duced yesterday. Attorney Dyer had an
nounced that he might introduce some
testimony in rebuttal. but said that he
had none when court opened.
against John H. Murphy. Clerk of the st.
LOUIS Court of Appeals. be introduced in
evidence and made part of the record.
The Indictment was found against Murphy
and abetting in the alleged naturalization
frauds. No cap.as was ever issued on
the indictment. as the District Attorney
explained that upon investigation there
was no ground for the indictment.
Assistant District Attorney Bert D.
Nortoni opened the argument for the Coy
ernment. Seven OF the indictments, he
said. had been held to be good by the
court, and the fifth count in each indict-
ment had also been left to the considera-
ton Of the jury.
The fifth count charges that the Italians
in question had the faise naturalization
papers in their possession for the purpose
Of registering as voters, knowing them to
be false.
ITALIANS AWARE OF CRIME.
Mr.. Nortoni argued that the Italians
knew the papers were false, for the reason
that there was testimony that they were
aware that it was necessary to appear in
court to secure certificates of citizenship.
and that, knowing this, they were prince
pals and capable of committing the crime
In question.
Mr.. Nortoni then took up the testimony
Of John Barbaglia, who Is charged Jointly
with the defendants, and analysed it. He
told the jury that although the court
would tell them that Barbaslia's 8 testimony
could not have the weight of a witness
not convict, he pointed to the fact that
what he had testified to had been cor
roborated by persons who were not labor
Ing under the disability Of being a con-
Mr.. Nortoni exhibited the slip of paper
upon which the words, ''ninor papers,
Italy," were written, and which forms one
Of the connecting links of the Govern
men ments cage' and maintained ,tiaIns that, that even
swear positively that he did not write
The fact that Policeman Frank Garrett
had visited Barbaglia's house, carried the
blank naturalization papers with him and
had instructed Barbaglia how to fill them
out, Mr.. Nortoni said. had been corrobo-
rated by Policeman Hefele and Mrs. Bar
baglia-
guns in politics., said Mr.. Nortoni. and
too wise to write the names himself. he
sent them. to Barbaglia to commit the
crime against the Government Garrett
was too smooth also to put. pen to paper
in the cause. and they employed Barbag-
liza. an ignorant and innocent tool. to do
II believe that John Barbaglla told the
truth in all his testimony" said Mr.. Nor
toni.
long in this country and not acquainted
votes for Doian. Dolan had made
him an election judge and had by such ac-
tion elevated him among his countrymen
and made him prominent. Is 1t wonder
that he should do all he could for Doian?
Dolan needed the votes. and Barbagiia
tried to get them for him among his |
He was simply an unsuspect.
ing, ignorant agent in the hands OF
Dolan.' - |
PITIES BARBAGLIA.
Mr.. Nortoni secuted the idea that Bar
baglia had stolen the paper from the Court |
of Appeals, and called attention to the |
fact that while there was testimony |
brought by the defense that Barbaglia had |
been seen at the Court Of Appeals on |
October 6 with bundle of papers, the
fact was significant that the papers which |
Barbaglla nlied out were dated October ~. |
He also SAID it was entirely improbable
that Barbagiia. an ignorant Italian, would |
have access to a locker in the st Louis
certificates OF citizenship were kept, and
added that the person whose hand wrote |
the words ..minor papers, Italy" on the
slip containing the names of those nat.
uralized got the papers from the locker OF
Clerk Murphy.
AS to the handwriting of Barrett, in
which the Government alleges some of |
the naturalization blanks were filed out
St. Louis Court of Appeals, the stenogra.
piers and Clerk Murphy had said that
the writing looked like the handwriting
Of Barrett.
Mr.. Nortoni closed by referring to the
gravity of the crime with which defend-
ants are charged.
This Is an awful crime. brought against
men high in authority" said MIR. Nortoni:
'men who have sworn to support the Con-
stitution Of the United States and to sus-
tain its laws. When a person steals or
commits crimes of this kind the ofsense
Is largely personal one. Crimes like
this, however, are against the body pol
tic and against the Government itself,
made to protect the rights of citizens.
sit Is no question of politics. There are
men in both parties who will commit such
crimes, but 1t is for the true American
citizen to put an end to such practices.
II 1t is not done the Republic will totter
and fall.''
Eyeglasses OF spectacles