New-York tribune., 1874-10-30


TRIAL OF COMMISSIONER DAVENPORT.
! THE CIRCUMSTANCES UNDER WHICH GEORGE A.
| MALFEASANCE.
The trial of Chief Supervisor of Elections.
John Davenport. for mslfeasance In office begun
yesterday in the United States Circuit Court before
Judge Woodruff Col wingate conducted the prosecu-
tion and exJudgo Porter appeared for the defense.
Prominent among the specifications In the general
charge against Davenport is his action Ia regsrd TO
George A. Heinrichs. q wealthy German citizen. and
this the first subject OF inquiry yesterday Tho
first witness called Mr.. IIenrchs himself, and he
testified substantially as follows:
Ihave been citizen OF this country since 1885, am
q Democrat. and have voted regularly early on
my house and demanded TO know my name:
asked Of them what II all meant; ho answered
that 1t about political affairs, and refused 10 glve
him my name he after arrested me on DavenDorts
warrant, and taken 10 the Fifth Avenue Hotel to
see him, but he was not in; he soon come ana asked
him II no would not hear state my case speaking
officer Davenport said: Take this man to Ludlow
BRING s' nm Mq before on me have Dondsusn said
Where is hein replied Davenport; There he 49," said
Davenport then told me that he would take no mora
bondsmen that day and that he must have two bonds
men In $4,000 each he also directed n, the ohIsi
then to take me in carriage to the siaten
Island Ferry when sthal. the one who asked m me my
verify my registration; offered Mr Rele.eman
and % vas retained there Til 1880 the following Monday
when was taken before Davenport VINO accepted Mf.
90 s y y frat Is examination sSal was witness
against me- and before he testified saw MIN enter ia.
yenports private roJ nc " % t5e roon he sad IN
question, that he had been taxing Win Da
elimination fnshed came to Davenports Office threo
four times with my witnesses, and each time VAS
day all that was done to examlne stha.
Cross-examined-when was taken before Davenport
I,f. ha an AX IN
warrant me; he did not say anything 10 ne he only
read the warrant and affidavit and sent me To jan say
ing that he must have two bondsmep do not know
that read what Davenport wrote on the warrant, anu
he did tell me that had right To waive an ekab-
nation he did tell that he did not know ytbing
about Reigemans responsibility, and that he found
he responsible he would accept him as my bonds
man.
tjeo T. Langbein one OF Mr. Hcinrichs counsel when
his case was before Davenport, testified to the effect
that when Henrchs arrested, he called on Dayen
port and offered several bail for his client, but
that the Commissioner refused 10 accept them saying
ain this case will accept no bal. The witness also
testified that Davenport several times arbitrarily ad
journed HeinrIchs's examination. Col Wingae offered
to prove that Davenport had made alterations 10 an
affidavit which the latter had sworn TO, but the Judge
refused to allow him to do so on the ground
that 1t had nothing to do with the question
at issue. Col Wingate then desired TO show that Mr.
HeDrchs selected for persecution because he was
respectable German citizen ana severe dealhg wtn M
him would nmidate the Germans but evidence to that
political effect of Henrchss arrest. John A. j. Lang
helm the brother OF The previous witness testified that
all through the Henrchs matter Davenport acted 10 an
nsOlent and arbitrary manner. 49,
This closed the evidence in the Henrichs case and the
following witnesses testified in support of the general
charge against Davenport:
Charles Hussey OF No. II Oliverst. said that he had
been arrested DaveupOrts warrant, and on q
charge refusing the questions OF Deputy
Supervisor Of Elections and that though he had repeat
edIy demanded an examination he han never been ane
to obtain IL. w. z. Kirk an ex-Inember OF Assembly,
corroborated Husseys testimony, ana said that Dayen
port was reluctant take bail for him. Bernard ONell
testified that Davenport had him arrested OH charge
OF inducing men TO register falsely; that though ne
offered to get bail Davenport ordered him 10 be
locked up in Jail; that he was finally re-
quired furnish $4,000 ball. and that he had never had
an examination The witnes. also stated that when he
was Imprisoned in October, 1872 he was candidate zoe
Alderman at large. william q. Barrett testified that
when ONeill was first arrested Davenport refused %
accept for him, and Joseph Bell counselor at law.
corrobora nony Ia that particular. Thomas
Dunphy testified that in 1871 he hat heard Davenport
urging persons make afdavts at the Jackson CluD
political aud tue Court adjourned TIL IL
"A LII. to-day.