The New York herald., 1872-10-29
ALLEGED FALSE REGISTRATION.
The Case Of Francis p. Hoaloy.
Before CommLssloner DaYenport.

Au4GQGU ALOE 0GOAO4xsA A1V9s
The Case OF Francis p. Hcalcy.
Before Commissioner Davenport.
The defendant Francis p. Healy, was brought
up yesterday before Commissioner Davenport,
charged with falsely registering as voter. He
stated that he Is a lawyer, and claimed an exam
ination.
Mr.. De Kay prosecuted and Mr.. Healy defended
himself
THE TESTIMONY.
A deputy marshal named Denning dep0sed that
he was present when the defendant came to regis
ter his name as voter, as living at 25S Mott street.
second floor, back room; he saw him sign his
name, and was present when he was sworn; heard
the questions asked him by the Supervisor; wit
ness then went to 25s Mott street, taking
the accused in charge with another deputy;
that was on the 26th Of October, in the evening
about seven O'Clock; he asked the people he found
in the room II Mr. Healy lived there and they said
distinctly "No, that he lived in Fifteenth street;
they did not give the number; they simply said lie
lived in Fifteenth street; did not ask them Ii he
lived In Fifteenth street; did not know the persons
he asked II Mr.. Healy lived there; did not get
their names; did not think IL was necessary; when
we went there Mr.. Heay himself opened the door:
he said he resided there; three or four women and
o man were there; they said he did not reside
there.
Cross-examined by defendant-I know you by
sight; 1 think have known you by sight for three
dent OF that neighborhood; will not swear that
knew you live at 25s Mott street. because do not
know whether you did or not; ! know nothing
live there; could not say exactly how many per-
sons were in the room.
Deputy Marshal John Marten, c0l0red, gave evil
dence in support Of that OF Dennlng.
Defence.
The defendant called an Old woman named Nc
testified that she knew the defendant over year,
in,a fn n n
the house on Saturday evening, with MIR. Healy,
she said that when the question was asked, "Does
friend of minen and by that answer she intended
to refer to an old man, Mr.. McIlvanny, who was in
the room the time the officers came in, thinking
that the question applied to him. On crosse eXam-
nation she said she saw both OF the men who came
into the room with Mr.. Healy, and they were both
white men. She did not take particular notice oil
them, her sight was not very good.
MIR. Healy said the room was not well lighted at
the time, and the witness might very easily be de-
ceived as to the color of one OF the oicers as her
sight was not very good.
Another witness, named Margaret Rea, gave EVIL
dcnce in corroboration OF that OF Mrs. McKenna, ad
ding that she believed the question as to Where the
man lived' applied to Mr.. Mcllvany, and after Mrs
McKcnna answered, 'he Is particular friend OF
mine,n witness added "He lvesln Fifteenth street."
The witness crOss-examined by Mr.. DE Kay as to
whether she had had any conversation with per-
sons about the case. She replied III the negative.
Commissioner Davenport whispered over to the
District to ask the Il sne nae aaa neen
missioner Immediately popped the answer down on
his minutes.
mitted that he had registered at 25s Mott street,
second floor, back room that he was born in the
supported by the record.
The further hearing OF the case was adjourned
till ten O'Clock this morning, when the defendant
will ofler further evidence for his defence.
Another Charge OF False Registration.
Before Commissioner Shields.
The United States VS.. Timothy Norton.-Tho de-
endant is charged with having falsely registered
as voter. Patrick Mack, election supervisor, de-
posed that on the sth inst. Norton registered from
81 James street. Mrs. Deer testified that Norton
left her house at 81 James street October l. This
was the case Tor the prosecution Case adjourned
till Wednesday at two P. NJ.
Charge OF Obstructing q Deputy Mar
shal.
Before Commissioner Belts.
The United States vs.. jeremiah Keily.-The de-
fendant has been charged with obstructing a
deputy marshal who had gone into his house to
put questions to him about his name, age, &c. The
case was adjourned to such time as either party
sees nt, on notice from the other to bring 1t on 1t
appears to be the general impression that no step
win be taken with these cases until after the elec
ton, If even then, and those who refuse to give
their names when the marslals demand them VIII
registration has not been verified according to Mr.
Davenports instructions.
Another Charge OF Obstructing a Deputy
Marshal.
DelOre commissioner davenport.
The United States vs. Charles Hussey. The de-
fendant is charged with violation OF the Federal
Election law for refusing to answer questions put
by deputy marshal, who stated to the accused
that he came to take census.
When the case was called on yesterday the CON-
missioner remarked that he could not 20 on with
this examination now because he had to attend to
case OF man who was In jail.
Counsel for defendant said before the Commits
he tke tn
see the affidavit sworn against Mr.. Hussey.
The Commissioner-It is not In my Office.
Counsel asked the Commissioner II he kept his
papers In his office.
The COMMISSIONER keep them at my house.
did not bring the afidayit with me.
Counsel--We are ready for trial. We have q right
to an examination and demand 1t. II Is time, sir,
that both you and those deputy marsnals who are
acting under your instructions should know that
citizens have some rights that you bound 10 re-
spect. The arrest OF Mr.. Husscy was brought be-
lore you after an arbitrary arrest. protest In the
strongest manner against this man being kept out
OF an examination. He Is entitled tC il and ought
to have 1t now. This Is the day that was fixed
for IT,
The CommissIoner-You are not entitled to an
examination after you have given bail, and 1t Is
mere matter oil courtesy to give any man an ex-
animation alter he has given bail That question
has been decided by the Courts.
Counsel-The case was put down for examination
to-day.
The Commssoncr--The case goes over for week
from next Thursday.
Counscl--Are we to understand then, that the
houses OF citizens are TO be invaded In this un-
Just and unconstitutional manncrS
The COMMISSIONER do not understand you.
Counscl-You say that we are not to have an ex-
animation until Thursday week.
The Commissioner-And, perhaps, not then, II
there are any Jail cases for examination.
Counsel-lhen there Is no certainty ttat the case