Service who also interpreted the symbols and characters placed upon the form and testified to the general procedure applied by examiners at the time defendant made his application.
On page 1 of the form are check marks in red ink against the defendant's name, place of arrival, date of arrival and name of the vessel.
On the second page are other words, symbols and characters in red ink indicative of the work of the Examiner in checking the answers to the questions. Among the questions on this page is the following:
'31. Have you ever been arrested or charged with violating any law of the United States or State or any city ordinance or traffic regulation? -- if so give particulars -- '
In the handwriting of the person who answered all of the questions on the form originally the answer to the question is 'No', and there is an irregular line after the directive to give particulars. The word 'No' is ringed in red ink and the initials 'NCR' appear in handwriting alongside of the printed question. There can be no doubt that the Examiner made this marking at the time of review of the paper with the defendant to indicate that she had confirmed the question and his answer. The initials 'NCR' stand for 'no criminal record'. This page bears the admitted signature of the defendant.
The third page, which is headed 'Statement of Facts to be Used in Filing my Petition for Citizenship,' contains the defendant's signature on the first line at the top as well as on the line provided for it on the bottom of the page. This page has a large number of red inked entries patently made by the Examiner. There are also words written by the Examiner in red ink amending the answers, with her initials and the date of the examination, December 19, 1935. In all, on pages two and three, the Examiner made seven changes in red ink, numbering each consecutively. At the very bottom of page three there appears the comment 'changes 1 to 7, incl. approved by me' and immediately beneath this writing is the signature of the defendant.
On the same day the defendant executed a petition for naturalization on Form 2203 and his two witnesses executed their affidavits on the said form. This form contains the handwriting of a Naturalization Examiner named J.A.G. Stitzer, who was the superior of Examiner Herckt. He is also deceased. His handwriting was likewise identified by his long contemporary. It is apparent that Mr. Stitzer reviewed the results of Herckt's examination as she summarized it again in red ink on the reverse side of defendant's petition for naturalization.
Mr. Stitzer made comments under the heading 'Adjournments' dated December 19, 1935; May 4, 1936 and June 4, 1936. Eventually the date for final hearing was noted as November 25, 1936. There is a very indistinct rubber stamp on the reverse side of this form filled in in the handwriting of Mr. Stitzer as follows:
Rubber Stamp Wording Answers in Mr. Stitzer's
Absence from U.S. As per Ex's report
No other absence.
Arrests, etc. No.
above-absences, arrests, etc. Yes.
© 1992-2004 VersusLaw Inc.