Allan

This is an appeal from a judgment denying appellant’s petition for naturalization. The petition tendered two issues of fact, (1) that petitioner was attached to the principles of the Constitution and (2) that he was well disposed towards the good order and happiness of the United States.

At the hearing the testimony was all viva voce. Upon consideration of the petition and the evidence submitted, the court specifically found against petitioner on both the tendered issues of fact and judgment was entered denying the petition. Appellant contends that the evidence does not warrant the findings.

The burden of proof on appellant is to show a mental condition, i. e., his attachment to the principles of the Constitution and possession of a certain disposition towards the good order and happiness of the United States. Obviously, the petitioner’s testimony concerning his mental attitude is of primary importance in establishing his burden of proof. The trial judge must not only hear but he must believe the petitioner is telling the truth about himself.

The record shows a sharp conflict of testimony of a certain witness as to what petition said in her presence and his testimony denying…