New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-10-29
COMMISSIONER DAvENPoRTs LAW.

HE ADJoURNs THE HUssEY CASE UNTIL AFTER
ELECTION DAY-CAsEs OF ALLEGED FALSE
REGISTRATION.
Charles Hussey, charged with violating the
Federal Election law in ejecting from his house Dep
utyarshal who said no had 10 take the census.
ports in the United States building IN Chambers
ST. accompanied by his witnesses. and his eoun-
sell Messrs Casserly and major, OF the urn OF kndd'
CasseTly Major
Commissioner Davenport came in about 1890 p. and
said: can't go with this examination to-day be-
cause have a case on against man who is In jail.
Mr. Major-Before you make that decision would like
to see the affidavit upon which Mr. Hussey arrested
Commissioner Dayenport-That affidavit is not in my
office.
Mr.. Major-Mr Commissioner, don't You keep your
papers In your object
Commissioner Davenport-No; keep them at my
house. and did not bring this affidavit down with me.
Mr.. Major-We are ready for trial; we have right to
be tried, and demand it, 1t is time Sir, that both
you and your Deputy should learn that citizens
have some rights which you bound 10 respect Mr.
Hussey was arbitrarily arrested and brought before you
and you filed his trial for to-day; now, don't propose
to have 1t put off, Mr. Hussey innocent of the ofense
charged and he is entitled trial. and to discharge
1 therefore again demand that this case 90 on.
Commissioner Davenport-I shall adjourn tins case
until next week Thursday.
Mr. Major-I protest against such action on your part
1t is arbitrary and unheard Of
Commissioner Davenport very insolently)-You are
not entitled to examination; and one Is granted II
viii be a mere act Of courtesy my part man out
on bail is not entitled to an examination be-
cause his case cam II the DstrctAttorney desires it, be
sent before the Grand Jury.
Mr. Casserly-You deny us an examinations now, are
we to understand that mans house can be invaded
and that II puts the invader out and is arrested for
II, he can't he examined until you see Mt
Assistant Distrct-Attorney Davis-Perhaps the gentle
ence over a man who is ont on bail
Commissioner DavenpOrt-I don't know what nc
means, but know that shall adjourn this case untll
next week Thursday.
Commissioners Davenport can't help that
Mr.. Kirk (Hussey's bOndsman)-What If 1 surrender
Commissioner Davenport-Then shall send him 10
Jail. This case is now adjourned.
The of jeremiah Kelly, before Commiss oner
Belts, charged with ike ofiense, was adjourned TO
time either side fit, notice TO the other
TO call up Ii is the general impression that nothing
will be done with these Deputy Marshal invasion cases
fused give their ages and names TO the Federal cleo
ton officials will not be allowed ~ vote the pretense
that their registration. was not verified In compliance
with Commissioner DavenpOrts instructions.
The Of Francis Healey, charged with false reg
lstrauon called yesterday before Commissioner
Davenport Mr. De Kay appeared for the Goyernment
Dunnng testified that Healey registered from NO 2oS
Mott-st that Witnes with another Deputy TO No
I MS ySa anu maj 6onc G aG That thew @ he
lives in Ffteenthst." Deputy-Marshal John Martin,
cOlOl6ut COiIODOldltu ASotihOuJJ anu tAO
prosecution closed It's case.
Mrs McKenna testified for the defense that she re-
sided at No. 25S MOtt-st; that Heaey rented room IN
her house, and had lived in IL about year, and that
when the Marshal asked her If MIR. Heaey" lived IN
her house. said No. he lives In Ffteenthst.,
thought he said McIranny, who IS an old acquant
apce OF hers, and who does live in Etfteenth-st.
Mrs Margaret Rea testified that she was there when
the Marshal called and that she understood him to ask
about McIranny and that she had talked with no one
about evidence she was 10 give The defendant ad
mitted that he had re sered from No 25S hotst and
the adjourned till 10 a. ~ to-day.
In the case or Timothy Norton charged, before Com
missioner Shields, with like Oense Supervisor OF Eee
tOn Patrick Mack testified that Norton registered
Oct from No 81 Jamesst and Mrs. Deer who resides
there testified that lie left her house on Oct !. This
evidence closed the the part Of the prosecution,
and the case was adjourned till to-mOrrOw at p. IN.