The New York herald., 1871-11-08
DAVENPORT'S DOOM.
A Political Partisan en- the Bench-A Magis-
tratc Refusing Bail for q Bailablc Offence.
Independent Action OF Commits.
si0ner Osborn.

Bernard ONcil who was candidate for election
to the offlce OF alderman in the present political
contest was arrested on Monday under warrant
issued by Commissioner Davenport on charge OF
having sol cited ana induced one Patrick Connolly
and other persons to fraulu!cntly register their
names at an election, at Which members OF Congress
were to be voted FOR, on about the 18th Of Octo-
ber, 1S7O-more than year ago. Commissioner
Davenport committed Mr.. O'NcAl TO the custody Of
dav, November 8. as twelve O'Clock. Yesterday
morning MIR. ONeiA's counsel Mr. Joseph Eel. ap.
peared before Commissioner Davenport and asked
that his client be admitted to ball. stating that
Whatever amount or bail the Commissioner might
require MI. u Neih was ready to give.
Commissioner Davenport refused to bail him.
although the offence alleged Is a bailable one until
wednesday.
Thereupon Mr.. BELL presented himself before
Commissioner Osborn aud stated to thai gentleman
Mr.. O'Neill. and TINT he {Mr. BelU desired Mr.. Os-
born 10 entertain the motion for Da.
Commissioner OsBOaN repliea that he wished the
District Attorney TO be present.
General DAWES, United States Assistant District
Attorsey. made hn appearance He SAID the
offenc0 charged was b.liabie one and tnat Er.
O'Neill was undoubtedly entitled to bail, which lie
would 1x at so lcO.
ance seemed to be quite satisfied with this deter
minauon. anu EXPRESSED their Willingness to enter
into the amount OF bail required In the case Dy the
Commissioner OSBORN observed that there was a
rule OF courtesy existing among United states Com
mSSlOnefS that the commissioner Issuing a war
ran, generally took bal upon such warranJ ard he
preferred tnat the matter be presented to Mr.
MIR. OSBORN had scarcely uttered these words when
Deputy Marshal KENNEDY entered ire court room
and informed MIR. Osborn that MI. Davenport nad
given special inst ucons to the Marsha, that in all
these cases in winch he had issued warrants TOR the
arrests OF parties they be taken before no ether Com
n11nR hnt In 4 M m
Commissioner OSBORN suggested that II Mr.. Daven.
port was IN his oflcc, or in the building IL would
the prosccuting officer, to bring the case before
Commissioner Davenport, and If the District Attor-
bal bah. A lie Commissioner Cs5ornI should think he
was violating has duty as magistrate II he deprived
this man Of mis- oerty, especially on election day.
when he was candidate for Oillce, and the offence
he was charged with being balIable one. He
should entertain the motion for bail unless the Dis.
trlct Attorney strongly obec,cd
Mr.. BELL reiterated to the Commissioner that he
had already applied to Commissioner Davenport TO
taEe M, bail IN se case aud that he had reiuseG:
the sum OF his snretes being Bernard Reilly
$40 East Thirteenth street, and Bernard Reilly. I'D
Mr. O'Neil was then released from custody.
This Is not tine first time Commissioner Daven-
port has had public notice called to MS acts
and d0lngs as United States magistrate. He
mas carried on investigation into criminal cases
with closed doors, being closeted during the time
snry Department and the HERALD mas made COM
ment upon that fact. And now he Is found In his
magisserial capacity dong an unconstitutional
act-reiusing to bali man on an alleged Of
II he knows his duty he has failed TO perform
1t, and no has left himself open to the charge OF
acting not magistrate should, but as poiitlcal
naa s psrsy snew % wns
he Is on the bench He should be superior 10 all
all suspicion; law In order to find respect among
the people, must De firmly, but at the same time
fairly and impartially administered TnlS man
Davenport, might well take lesson In the per
formance Of his duties from Commissioner Osborn
whose independent and honest action in this case.
as In many others OF like character, deserves the
thanks OF every upright man IN the community. II
Is 10 be hoped that the affair will not rest here, and
that the authorities at washington may look after
Davenport and let him know tnat We have not
yet arrived at the days of the Baste or OF lees de
cachet. When 1t comes to the knowledge OF the
authorities that one OF their creatures creature
career as United States Commissioner Ii doomed.