The New York herald., 1872-10-22
ARBITRARY ARRESTS.
Commissioner DavenpOrt---Is He q
Political Partisan
THE CASE OF MIR. HENRICaS.

A case involving some features Of public interest
came up In the United States Court yesterday. It
was that OF Mr.. George II. Henrichs who was ar
rested ON q warrant issued hy Commissioner
Davenport, charging the former with having OBJ
structed and assaulted an election Deputy Marshal.
while the latter, 1t Is claimed, was IN the execu
ton Of his duty. The Commissioner holds his Court
at two or three different places In this city, some
times at
THE FIFTH AVENUE HOTEL
and sometimes In his little room In the federal
buildings In Chambers street. 1t appears that after
Mr.. Henrichs was arrested he was taken before the
Commissioner at the Fifth Avenue Hotel on sat
urday evening last and, though Mr.. Henrichs
onered bail on that occasion, the Commits
sloner declined to accept 1t, standing, 1t
is supposed. on the technical ground
that no is allowed by law twenty-four hours after
an arrest Is brought to his notice before he need
take bail. United States magistrates do not al
ways adopt this rue they depart from it every
day when they are satisfied that the bail rendered
is good, and it is claimed by Mr.. Henrchs that the
bail he offered to Mr.. Davenport for his appearance
was Of the best kind. The law ought to be always
strained-when strained at all-on the side OF
mercy and not drawn out so as to be an engine Of
oppression; and there seems to be no reason what
ever why citizen should be locked up OF q Satur-
day night and all through the Sabbath day and
to give bail for his appearance to answer
any charge that might be made against him.
and he is accused OF having 0bstructed an officer
who is presumed to be acting in the interest OF the
administration. Could this have had anything to
do with the refusal OF MIR. Davenport to take the
bail when 1t was first tendered2 Was 1t intended,
by this act to atllx stigma upon the defendant by
sending him to prison. when, as he states he could
have given most responsible bail The conviction
is gaining ground every day that this Commissioner
is at present combining two characters-one that
OF magistrate and the other that or political agent
In the interest OF party. The two characters
ought to be distinct; and for his own sake, Mr..
Davenport ought to place himself above the suspi-
cion OF dragging the ermine Of the Bench through
the dregs OF politics.
YEsrEnpAY's rRooEEDINas IN THE CASE.
Ateleven O'Clock yesterday morning Mr.. HenrichS,
with his counsel, Mr.. Hirsh, and accompanied by
Ex-senator Dreamer and Judge Gross. came to
Commissioner Davenports Office for the purpose of
giving bail. He was not then In his onice, and MIR.
Henrichs, with the other gentlemen, waited for
considerable time. Davenport at last appearing,
scnted
WRIT OF HABEAs CORPUS
with view of bringing out certain facts in relation
to this case, as 1t Is alleged that Commissioner
Davenport refused to take bail for Mr.. Henrchs at
the time OF his arrest though he offered to enter into
q good and responsible bond. Before Judge
Blatchford took any action on the writ Of habeas
corpus Davenport had arrived In his Office, where
upon Mr.. Henrchs went before him and entered into
bail IN $5,0 900 for his appearance on Thursday next.
to which day the examination has been adjourned.
Commissioner Davenport stated that ne had Is
sued the warrant IN question for the purpose T OF
treated in this manner.
The parties then withdrew from the Office, and
the case accordingly goes over till Thursday, when
1t Is expected that the question OF the Commits
siOners arbitrary refusal to accept sufficient bail
for respected and responsible citizen will be fully
entered into. No doubt the whole composition OF
the Commissioners posse cOnttdtuS and their dOmi.
Ciliary visits during exciting election times like
these will be fully entered into and discussed and
some developments brought to light that may tend
to abatc the evil.