The New York herald., 1872-10-30
CHARGE OF FALSE REGISTRATION

10
The Case OF Francis p. Healy-He Is Com
fined In Ludlow Street Jail.
In the case Of the United States vs. Francis p.
Healy the further hearing OF the case Of the de-
fendant. who is charged with having falsely regis
tered his name as voter at 258 Mott street, was
resumed yesterday before Commissioner Daven-
port
General Davies and Mr.. De Kay appeared for the
prosecution ana MIR. Healy, who is o lawyer, de.
Tended himself
MIR. De Kay asked Mr. Heay U his witnesses were
In attendance.
Mr.. Healy-No; they have been served irregu-
larry, and suppose they have taken advantage
OF it,
Commissioner Davenport-Are you ready to 90
MIR. Healy-No; understand my witnesses are
not present. They have been served irregularly;
but whether regularly or irreguarly, must invoke
the aid OF the Court In enforcing their attendance
Mr.. De Kay-How do you mean served irregu-
larlys
Mr.. Heay-The summonses were given to sec
ond parties to serve them on the persons to whom
they were addressed.
Mr.. DE Kay-The summonses were given to Mr..
Dowley, an efficient marshal, to serve for the de-
fendant. gave him the names and told him TO be
pdrJlCularly Carelul 10 serve papers on the
ties. There can be no mistake; have seen no re-
turn to the summonses want to finish this case
Mr. Healy-Let the person who served the sum.
monses come here, and will interr0gate him.
have no doubt the Marshal has done his duty, but
Mr. De Kay-Did you ask to have q Mrs. Woods
gummOned?
Mr. Hea!y-Yes.
e. G. Abbott Deputy Marshal here stated, in
reply to question from the Court, that he was
with Mr. Dowley when the latter was serving the
Mr. oQth hn RnanI
ected some Of the names OF the persons who were
summoned as witnesses. Some or the persons
monses were personally served, and where the par
ties could not be served personally the summonses
pose OF effecting the service.
General Davies-Have you no one who can serve
Mr.. Healy-I do not want to assume the RESPONSE
bility OF It,
John E. Dowley, Deputy Marshal stated that he
for the defendant, Anne McGill and Thomas Ryan,
and three witnesses, named Woods, Griffin and
Harrington, had been served by leaving the sum-
Mr.. Healy said the point he wished to sustain de-
pended on the testimony OF these witnesses and he
must have them in attendance. He did not want
to let the case go by default and If there had been
ldches on the part Of the Marshal in serving the
General Davies-There is no sacnes on the part Of
the Marshal.
have those witnesses Some OF those witnesses do
not like to take an OATH thinking 1t would prevent
them from gaining salvation II they were other
wise ut for 1t. would like to have this examina-
tion before the election.
After some further discussion in reference to the
non-attendance of the witnesses for the defence,
the District Attorney, at the request OF the de-
fendant, said he would issue new summ0nses for
the witnesses who had not been personally served
and attachments against those who mad been per-
sOnally summoned.
the defendant observed that, confined as he was
in Ludlow Street iail under $4,000, he could not go
around to serve those papers.
The case was on the point Of being adjourned,
when
Thomas Ryan, one Of the witnesses for the de-
fence, made his appearance Being sworn he testi
street; has known the defendant, Francis P. Healy,
about eighteen months; during fifteen months Of
street. in the same building in which witness store
is situated; Healy lived there with the old lady,
Mrs. McKenna; ne lived there on Saturday last at
In cross-examinarion General Davies put ques-
tion as to whether or not the defendant paid rent
at 25s Mott street. Defendant objected to this,
and said it made matter whether he paid rent
or not so long as he resided at the place. The
fendant excepted. The witness replied that de-
fendant paid little once in o while to the old
woman. Mrs, McKenna-one or two dollars
Mrs: McGill was next called for the defence. At
first she declined to be sworn, stating that she did
the truth, but could not take the oath. The Com
missioner proceeded to administer the oath. ana,
Witness - DooE She said she s
Mr. Heaiy-Mrs. McGirl, where do you reside
General Davies-One moment; the witness Is
not sworn.
The Oommissioner-she cannot be examined
until she Is sworn.
Finally the witness kissed the book, and testified
| that she frequently visited the house Of Mrs.
McKenna who was her stepmother; has known
| Francis p. Healy for about fifteen months; during
| that time he had stopped with Mrs. McKenna at
25s Mott street; witness lived at 26O Mott street.
The case was then adjourned until this morning
for the purpose Of securing the attendance OF the
remaining witness for defence. the Commissioner
| intimating that he understood the government
| would have one or two witnesses in rebuttal.
| MANDAMUS AGAINST THE ROARn