Victor Elliott, charged by the the United States, Mr. Schuhl with-American Government with forging Jdrew him and Mrs. Elliott was his mother's name to 16 cheques sworn. was discharged at the U. S. Court on Monday morning by JudgeM.
Evidence as to Mother's Marriage Purdy, because the District Mrs. Elliott stated that she left Attorney's office had not established China with her father as a small his American citizenship. His child; she has no recollection of her Honour supported accused's petition, mother. He brought her husband and that he was not an American her brother back to China, where citizen, she lived about a year and then Mr. L. G. Humar, as prosecutor, they went to. Parksburg, Penne opposed the writ of habeas corpus. sylvania. She as a child of 16 mar-Mr. F. J. Schuhl appeared for the ried Mr. Elliott, who was three petitioner. months her junior. The child was The case has aroused much born in Shanghai several years interest in Shanghai because in the after the marriage. The young action of Elliott v. the American couple lived in America with her Oriental Banking Corporation, his relatives—""he lived on her and her folks."
Honour ruled in favour of defendants, and, as Mr. Husar Her father got the husband a job iggested, indicated possible col-_ as policemen. He worked just a lusian between mother and son. It month at this, became an under-will be recalled that at the time of taker for several months and then hearing, Mrs. Elliott alleged that Victor, her son, forged her months, worked in the PLW.D. for three name to a gold account to the value "Bragging About British"
G.$5,600, and had fied to America after drawing these sums.
Mrs. Elliott stated, in reply to 'Accused was brought back from Mr. Schuhl, that her' mother-in-law San Francisco, where he served a times told her that her husband sentence of two months for attempt-was from Nova Scotia, that is, ing to enter America by means of whenever he got to "bragging about a false and within two the British." When he became Gays Mr. Sehohi, filed the writ of argumentative, according to. wit-habeas corpus. ness, his mother told him that Mrs, Elliot stated that her had the John Bull spirit. At other grandfather was a British sea times, he. (the husband) told her captain, her father a steward on that he was born in Philadephia. the early Pacific Mail Line and her Writ Granted husband a worthless chap, who at With the conclusion of the times stated that he was born in Philadelphia, Per evidence Mr. Husar, in addressing the Court, asked that the writ be Yarmouth, " Novi Elliot's mother dismissed, which Judge Purdy reher husband's parentage she knew fused. Continuing, the District nothing, although the mother of Attorney went on to state that the her husband often told him that his of proving burden of non-citizenship of "defendant, rested with Mr. home was in Nova Scotia, Schuhl. Whether Mrs. Elliott was Accused Birth Registered at U. 8. an American had nothing todo Consulate with the ease, "it is the father th counts." They must show, he went Mr. Walter Wilson, attached to to say, by birth certificate or the U. 8. Consulate-General, Shang-marriage certificate that be is not hai, stated that Victor's birth was fan American citizen. The records registered in the U. S. Consulate of the Consulate do substantiate the in 1809." The marriage of Adelbert argument that petitioner was Sidney Elliott and Anna Burton accepted as a bona fide citizen. (undisputed parents of Victor Elliott) was, according to witness, With reference to the two letters also registered, as was the regi from the State' Department, Mr. tration of Mr.' Elliott and son in Husar reiterated, he wished to point Tu. 1908 a further four that, that the mere denial of Elliott was ree [citizenship by this group was fused by the State Department, nothing, for their function was only because she was of Mongolian executive, the President of the (Chinese) extraction, the document United States by letter or word the original regis-could not deny any one his rights of citizenship, Tt was his Honour Exclusion Act denied—Mongolians Judge of the U.S. Court for the privileges of citizenship, Ghisia to settle thie—tho Depart-April of this year a further letter, ment had no authority over a citizen following a statement from Mrs. in this respect. The burden of Elliott, Victor Elliott was not. proof which he considered opposing recognized by the State Department. counsel had not shouldered, ati In this document, as read by wit-rested on petitioner. ness, Mrs. Elliott stated that her Alleged Americans former declaration and that of her husband, was believed to be wrong, Mr. Schuhl, for accused, remark-and that her husband's birthplace ed that this was a novel and inter-was not Philadelphia, as he had esting case; interesting in that it stated, but rather Yarmouth, Nova jeoncerned large numbers of Amer-Scotia. Witness stated, however, ieans or alleged American; novel, that Mr, Eliott had said, although because, as he believed, it could come not in sworn statement, that the up in no other place than Shanghai. birthplace was Philadelphia and the In support of the State Departmen: Gate of his birth December 27, 1877. ruling, he again urged, that, accord-Importance of Father's Nationality jing to their report, they had "ex hhaustively investigated" the birth records of Philadelphia for the At this point of the hearing Mr. period in question, and as they' 'Husar told the Court that citizen-could find no trace of such a birth ship of the mother was immaterial; in that city, therefore, their ruling the whole point in question, accord-must be accepted. It' was further tug to American law, wan: Was ME, novel, he went on to state, that: Elliott a native-born American or Elliott, if prosecuted in the Mixed was he naturalized? These were Court, would be denied the right of the only two ways by which he was citizenship by the American Con: American. According to Elliott's sulate-General, and he would auown declarations before the Shang tomatically become subject to hai Consulate (as shown by two Chinese law. documents) he admitted American birth. That was the big point in Must Be Charged as American the case, for it mattered not In summing-up his Honour whether Mrs. Elliott was American, intimated that in this, a habeas Urnot or without nationality. corpus action, the evidence was not His Honour questioned witness on as fall and complete regarding the the reason for the State Depart-nationality of defendant, but he monte approval of the Elliott must decide it any way. The de-registration, but heard Mr. Husar fendant was awaiting trial on on the argument of the value of serious charges, and, as such, must be charged as an American citizen
Text read from the printed page and cleaned; old type leaves the occasional error.