United States v. De Lucia

• Decision Date: 07 June 1957
• Docket Number: No. 56 C 1676.,56 C 1676.
• Citation: 163 F. Supp. 36
• Parties: UNITED STATES of America v. Paul DE LUCIA, also known as Felice De Lucia.
• Court: U.S. District Court — Northern District of Illinois

163 F. Supp. 36

UNITED STATES of America v. Paul DE LUCIA, also known as Felice De Lucia.

No. 56 C 1676.

United States District Court N. D. Illinois, E. D.

June 7, 1957.

R. Tieken, U. S. Atty., Chicago, Ill., for the United States.

William Scott Stewart, Chicago, Ill., for defendant.

LA BUY, District Judge.

The complaint in the above cause filed October 10, 1956, prays for the cancellation of a certificate of naturalization granted September 27, 1928, to Paul De Lucia for the reason that it was procured by concealment of material facts and by wilful misrepresentation.

During the course of the trial the court reserved its ruling on defendant's objections to the admissibility of several exhibits. The court overrules these objections and these exhibits are received in evidence.

The only evidence in the case is that presented by the plaintiff. The government introduced twenty-two witnesses and approximately seventy documents and charts. The defendant, although present in the courtroom throughout the trial, offered no evidence on his own behalf. He previously invoked the protection of the Fifth Amendment and has refused to obey the court's order requiring him to respond to questions asked at his deposition. The sole information which this defendant has given is that he is Paul De Lucia and resides at 1515 Bonnie Brae, River Forest, Illinois.

Two deputy minute clerks identified this defendant as having appeared before them and saw him sign the name Paul De Lucia on appearance bonds involving other matters. (Exs. 25, 26.) A United States deputy marshal also identified the defendant as having been fingerprinted in the marshal's office in this city and that the defendant affixed his signature as Paul De Lucia. (Exs. 24A, 24B, 24C.)

The first basic issue which the government must prove is that this defendant, Paul De Lucia, is the same Paul De Lucia who was granted a Certificate of Naturalization in September 1928.

To this end the government's evidence consists of the testimony of Michael J. Fish, who identified this defendant as the same person for whom he appeared and signed as a witness during the naturalization hearings preceding the granting of the certificate. Mr. Fish testified that at that time he was employed as a staff photographer for the Chicago Tribune; that at that time Paul De Lucia was a restaurant manager; and that he did not know the defendant used the name Paul Maglio. He further testified that the other witness to the proceedings was Frank Meo, whom he believed to be now deceased.

Supplementing this testimony, the government presented documents relating to the naturalization proceedings. They consist of a Petition for Naturalization dated April 10, 1928 (Ex. 1); Preliminary Form for Petition for Naturalization, dated February 21, 1928 (Ex. 2); Declaration of Intention, dated January 9, 1925 (Ex. 4); Certificate of Naturalization dated September 27, 1928 (Ex. 5); and ship's manifest for the vessel S.S. Ryndam (Ex. 7). A perusal of these documents gives the following information: Paul Maglio arrived at the Port of New York from Boulogne, France, on August 10, 1920, on the vessel Ryndam and was coming to a person named Gennaro Calabrese; that his occupation was restaurant manager; that he was born in Apricena, Italy, on July 10, 1898 and his mother's maiden name was Nunzia Maria Torelli; that he used another name which was "Paul De Lucia" because he "got married on that name" and desired that his name be changed to Paul De Lucia; that he was married January 3, 1927 and his wife's name was Nancy, born October 2, 1905, in Naples, Italy and that he had a daughter, Mariana, born in Chicago; that he resided at 905 South Halsted Street, Chicago; that he had never been arrested and that he expected to use as witnesses Frank Meo, proprietor of a cigar store at 905 South Halsted Street, and Michael J. Fish, staff photographer for the Chicago Tribune residing at 4920 Monroe Street. The certificate of naturalization was granted to Paul De Lucia whose name was changed from Paul Maglio. Said certificate is signed "Paul De Lucia"; all the other documents being signed "Paul Maglio".

A handwriting expert testified and made a comparison of the signature of Paul De Lucia appearing on the Certificate of Naturalization with the known signatures of this defendant affixed before the two deputy minute clerks and the United States deputy marshal. (Ex. 51.) It was his conclusion that the signature was made by the same person. It was further his conclusion that the signatures of Paul Maglio appearing on the Petition for Naturalization, Declaration of Intention, Preliminary Form for Petition for Naturalization, and Naturalization Form No. 2328 (Ex. 3) and the signature of Paul De Lucia appearing on the certificate were made by the same person.

In addition, the government has submitted documentary evidence to show that this defendant has a wife named Nancy Emily Gigante, born October 2, 1906 or 1905 in Naples, Italy, who resides at the same address as this defendant, 1515 Bonnie Brae, River Forest, Illinois, and whose old addresses were the same as this defendant's. (Exs. 17A, 17C, 17D, 17E, 19A, 19C, 19G, and 19I through L, 20B through D, 21A and 21B.) Nancy Emily De Lucia had three children named Mary, Anthony, and Paul, Jr., and this defendant had three children name Mary Anna, Anthony Paul, and Paul Richard. (Exs. 17E, 21F.)

It is the court's conclusion that this evidence clearly established that this defendant is the Paul De Lucia to whom a Certificate of Naturalization was granted September 27, 1928; and that this defendant, Paul De Lucia, used the name Paul Maglio when he entered this country and when he applied for a certificate of naturalization.

The next basic issue which the government must prove is that this defendant falsely assumed the name of Paul Maglio when he applied for his naturalization.

In this connection, a witness, Paul Maglio, not the defendant in this case, testified that his mother's maiden name was Nunzia Maria Torelli and his father's name was Enrico; that he was born in Apricena, Italy, on July 10, 1898; that he had five sisters all born in Apricena, four of whom were living named Adele, born 1890, Rosa, born 1893, Angiola, born 1895, and Elvira, born 1900; that his father died in 1924 at the age of 70 and his mother in 1940 at the age of 75. This witness stated he left Italy on July 23, 1920 and arrived in the United States on August 3, 1920. He stated that the population of Apricena at that time was approximately 6,000; that he had always lived in this town except for a short period of military service and until he left for the United States; that his occupation while in Apricena was a Clerk and Registrar in the City Hall and that his duties were to keep a record of all births and deaths; that there was no other "Maglio" family residing in Apricena, Italy, than his own when he lived there; that there was no other Enrico Maglio in Apricena other than his father, nor was there any other Nunzia Maria Torelli other than his mother. He identified the records pertaining to his family which the government presented, as well as his own passport and citizenship papers. Government's Exhibit 14P is an attestation that no record of the birth of Paolo Maglio exists in Apricena other than that of Paolo Maglio born July 10, 1898, son of Enrico and Nunzia Maria Torelli. This witness, Paul Maglio, was requested to view the defendant, Paul De Lucia, and testified that this defendant was not his uncle, father, cousin or related to him in any way and that he had never seen him before in his life.

Alfonso Torelli, a cousin of the witness, Paul Maglio and a nephew of the witness' mother, corroborated the testimony of Paul Maglio and upon viewing the defendant stated he had never seen this man before in his life.

The court is of the opinion that the government has conclusively shown that the defendant, Paul De Lucia, was not Paul Maglio, born July 10, 1898, in Apricena, Italy; that he falsely assumed the name of Paul Maglio to enter this country; that he committed perjury when he stated his name was Paul Maglio in the preliminary papers for citizenship and thereby committed a fraud on the court.

The next issue which presents itself is whether Paul De Lucia is in truth and fact Felice De Lucia.

The government's evidence on this phase of the case consists of the testimony of Special Agent Philip Dunne and a number of documents, which may be grouped into two divisions: (1) information which had been voluntarily supplied by this defendant which is inconsistent with his identity as Paul Maglio and consistent with an identity as Felice De Lucia; and (2) the family history of Felice De Lucia.

In the first division of exhibits, a marriage register dated January 30, 1927, kept in the Holy Guardian Angel Church in Chicago, shows that Paolo di Lucia, age 29 years from Naples, son of Anthony and Mary Annunziata was married to Annunziata Gigante, 21 years old, daughter of Ciro and Anna Porzio. (Exs. 18, 18A.) Nancy Emily De Lucia, wife of Paul De Lucia, had parents whose names were Anna and Ciro Gigante; her maiden name was Annunziata Gigante, and she was born October 2, 1905 in Naples, Italy. (Exs. 17E, 17G, 20D.)

On September 8, 1927, Paul De Lucia executed a signature card for the First National Bank of Chicago indicating his address was 917 Blue Island Avenue, that he was born in Naples, Italy, on November 14, 1897 and that his mother's maiden name was Maria Annunziata. (Ex. 20A.) Exhibits 20B and 20C show that in 1931 Nancy De Lucia resided at 917 Blue Island Avenue. The signature of Paul De Lucia was examined by the handwriting expert against the known signatures of this defendant made on the United States marshal's fingerprint cards. It was his conclusion that these signatures were made by the same person.

Two applications for beneficial membership in the Italo-American Union dated November 25,...