The New York herald., 1874-07-21
TAMMANY'S TERRORS.
The Charges Against Little Johnny Daven-
port-Formal Accusations To Be Made Be-
fore the United States Circuit Court
The Way Jimmy 0Brien and
Johnny Had Their Election
Afidavits Made Out


making public his answer to the Governors kind
little reminder OF a note sent TO him some time
ago, the politicians were not at q total loss for
some thing to talk about. The theme was the
probable late that is in store for little Johnny Dav
EXPORT. 1t seems that Judge Woodruff desires
that the charges preferred against Johnny should
be presented before the United States Circuit
Court, and as they will be formally pre-
sented by Colonel Wingate in lew days.
1t is safe to say that there Is good
promise OF very lively times ahead In poit-
lcal circles. Quite commOti0n was created
among the Custom House politicians and the
hangers-on of what is left OF the Apollo Hall tenn
pie by the rumor that Jimmy O'Brien, the ex-
Sheriff, had been indicted for subornatiOn OF per-
jury. The rum0r was not well founded; but 1t Is
stated on pretty good authority that charges as to
this alleged crime of mis- will be preferred in day
or two 1t would seem that Tammany is deter
mined to make clean sweep OF every man who,
in mis- attempt to defeat her last election, resorted
to Illegal methods, thus coupling with the attempt
to XIII Tammany crime against the whole people.
The following letter was yesterday sent to Johnny
Davenport, accompanying the charges which are
appended toit:-
Commissioner JOHN l. DAVENPORT =
DEAR SIR-ln pursuance OF your request send
you herewith copy ol the papers sent by me TO
Judge Woodruff
AS Judge Woodruff has expressed his desire that
that matter should take the shape of charges
preferred TO the Circuit Court, shall, at as early
a day as practicable, prepare formal charges and
specifications, OF the hling OF which you will be
George W. wINGATE.
THE CHARGES.
NEW YORK, July 8, 1874.
Hon. LEWIS b. WOODRUFF
SIR-Tae undersigned in transmitting herewith
Tor your examination the testimony taken In the
proceedings against Oliver Charlck, desire to call
your special attention TO pages SO, &c. 81 l04 Ill,
15S, 17a, 100 and 200, establishing the connection
Commissioner of the United States Circuit
Court and supervisor OF Elections, and the
frauds and Illegal acts cts. show, shown to have
observed that the parties arrested false charges
by this commissioner were all arrested In single
controlled by ex-Sheriff OBrien although in one
case, John Doran, page III. there was no candl-
he was charged with being an orender) that these
arrests were made upon the morning of election,
leaving vacancies which were IN all cases con-
venlenty hlled by person IN political opposition
to the inspector thus arrested, and that no steps
have since been taken by the Commissioner to
further prosecute the cases. his reply TO Patrick H.
Maguire zone OF the parties thus wronglully ar
rested), on inquiry page 2O3, loO 72S) being
''that he would take It up-when he got ready.''
The proof OF tile political connection between eX-
Sheriff O'Bren and Commissioner Davenport ap-
pears in the affidavit Of ThomasJ. Dunphy, also
transmitted herewith which gives striking view
OF the manner in which he is In the habit OF per-
forming his judicial functions.
Your attention Is also particularly called to the
case of George A. Heinrich, as appearing in the
newspapers OF the city, and particularly in the
World and sun, from October Il TO November l.
fle upon the motion granted by Judge Benedict,
October 8, 1873 dismissing the charge. Here was a
case of a responsible and respectable citizen at
age to q marshal VINO called at his house to verify
the registry. being arrested BY order Of Commas
slOner Davenport and committed without bail,
although tendering the best OF bail, and finally,
alter several days. imprisonment, was released on
in an exceedingly arbitrary manner by the Com
missioner, who occupied at once the position of
as he saw it from time to time until finally
nearly year airerward-the charge was dismissed
by Judge Benedict lor failure to prosecute It,
1t is also to be observed that the marshal making
the complaint received his credentials at the head
quarters OF a political organization, and that be-
fore testying he talked the case over with the
Commissioner. Attention Is particularly called to
the irregular reasons stated in the affidavit of the
Commissioned himself as to mis- not prosecuting
this case after the election ana to his statement
in such affidavit that he would act IN the same
way under similar circumstances.
In the cases Of Cnaries Hussey, Jeremiah Kelley
and Francis Heay, published in the papers OF the
same date. the same arbitrary conduct on the part
any particular evidence that may be specified, 1t
Is a lact known to all that Commissioner Daven-
port Is, and has been for long time, an active
and bitter political partisan IN all matters apper
tanning to this city and State, and he has been
prominent In the different party movements
taxing place either In the Legislature at Albany
or IN Congress, well IN this city ITSELF as the
representative OF certain political faction.
While the rights M ITS OF ald men TO participate IN the
be admitted, on the Oher hand, that In the case of
officers occupying judicial POSITIONS and partcu-
arly where such Judicial positions are intimately
connected with the management and control OF
elections, that to retain public confidence in the
administration OF justice by them well as by the
Courts who control them, it Is indispensable that
they should conduct themselves as to be Tree
from all suspicion OF partallty, unfairness or par
tisansnp.
it Is respectfully submitted that Commissioner
John 1. Davenport has not only failed to do this,
but that ne 49, and Is universally considered to be,
man who uses the powers vested in HIM as United
States Commissioner and Chief Supervisor Of Elec-
tions for partisan and political purposes; that no
one has any confidence in his fairness or impartial
ity as judicial Ofcer; ana that his character and
conduct, together with public opinion thereof, are
Circuit Court OF the United States the Southern
District OF New York Is to be sustained, that he
should be removed from his position.
We transmit these papers to you in this way for
such action AS yOu may deem the facts require,
considering 1t more proper that the character OF
the action TO be taken should be lett to you than
we should appear III the character of prosecutors
Of Mr.. Davenport: At the same time We are per-
fecty ready hit be desired, to accept that respon-
OSWALD 00rTENDORFER, No. East Seven.
GEO GE0RGE 4. HEINRICH, No. 1855 East Third
GEORGE +. LANGBEIN, No. 70 Seventh street.
AMOS +. EMO, No. 233 Fifth avenue.
PATRICK Il. MAGUIRE, No. 24a East Thirty
JOHN DORAN, NO. 232 East TwentY-seventh
street.
JOHN B. LEWIS. No. 3o3 East Thirtieth street
ANDREW J. HAGGERTY, No. 4Ol East Thirty
fourth street.
PRECIOUS SET OF OATH TAKERS.
United States Of America. southern District of Ne1o
York, ss.-Thomas Dunphy 1.-THE city New York,
counsellor. .at.aw, being duly sworn, says that dur
ing the canvass OF 1871, in the fall and few days
before the November election, deponent was sent
fort IN tn .ha To- Cluh To- win prtO
avenue and Thirty third street, by Mr.. James
O'Brien; that on deponent's arrival he found the
place full, said O'Brien and one John l. Daven-
port United states Commissioners, being among
the number, and the folding Of tickets proceeding;
tnat after deponent's arrival Justice B. II. Btxby
came in that to deponents best recollection this
was on saturday before the November election;
that on deponents arrival he was requested by said
O'Brien to draw afldavts for two persons then
present-one named Patrick, but who is sometimes
cail ad i!a Dat Ra MpCo Pm on