The New York herald., 1874-10-31

DaVenpOrt1 All know IN regard To the cnarS e3
against you IS In regard TO the evidence in the
HeInrlchs case and the testimony In the Charlck
case in the Supreme Court.
knowledge, as a member OF the Committee OF Sew
enty, In regard to Mr. Davenport.
z, DO you know anything oil the public opinion
in regard to his fairness as magistrate?
Judge Woodruff excluded the question, saying
that Mr.. Davenport was not TO be tried by pubic
MI. Wingate said that Mr.. Davenport was the
courts offcer, and he claimed tnat In case OF
this kind they were not bound down to strict rules
OF law. He maintained tnat the public mad lost
confidence IN the integrity Of Mr.. Davenport as
Judge woodruff said they were there TO find out
whether there was any foundation ior sucn
TESTIMONY OF JOHN GooDLErT
John A. Goodlett, late United State Assistant
District Attorney, deposed In reference to The
that the af1davirs were drawn up him ana sub
mitted 70 Mr.. Bliss the District Attorney; thinks
the afndavirs were then handed to Mr.. Davenport,
ana warrants were issued upon them
TESTIMONY OF JCDSON JARVIS
pecI to the cases o. Doran and Maguire on elec
ton day, and said that he told Mr. Davenport that
he did not believe these men were guilty, and that
ii he would oblge him by dscnargng them he
would become personally responsible Tor their ap
pearance; Mr.. davenport said he had reason to
were not well founded and tina. II he found this
be so ne would cause the persons VINO had mace
the aidavits TO be indicted Tor perjury; Mr. Daven
port subsequently told me that indictments had
been found against these parties +-
JOHN l. DAVENPORT ON THE STAND.
Mr.. Davenport was then sworn:-he went on to
describe the nature OF the charge against Helm
riehs. He gave in detail the part he mad taken IN
the matter he took the complaint OF Stahl against
Helnrichs at his office; on this complaint he
issued his warrant for the arrest OF Helnrchs;
he put the warrant in evidence; learning rnat
there was likely to be some disturbance IN conse
quence OF the arrest he went, after waiting in bis
the street near Mr.. Heinrichs' house, but, alter
waiting an hour there, MIR. Heinrlcns was not
arrested, and he left word with the Marshal that
no "a m m N
sh ais had arrived ahead OF him with Mr.. Heinrchs
in custody Mr. Helnrlchs earnestly demanded an
moment he could have one would be eleven O'Clock
on Monday morning; finding tnat he must go TO
he could s s1 not t. accept bali unless waived
an examination; ne SAID @ tnaL ne had
aoS na ss Mr. ae
out Mr.. Reigeman's Justification and
said that he must submit 1t to the District Attor-
ney. Mr.. Davenport then went on to detail all
that had taken place i'll regard TO the efforts Of Mr.
Patterson, Mr.. Ely and others to obtain the re-
lease OF Mr.. Heinricns; at the examination on
Monday he said he was prepared 70 take Mr..
Reigleman as bail, but counsel for Heinrich re-
fused 70 give oa san ana m 70 go on wI.n an
gone into IL must take place at three O'Clock that
day, and that In the meantime Mr.. Henricns should
go to jail; BAN then was accepted, Mr.. Helnrlchs
was discharged, and day set down ior the ex-
animation, but ne declined to 90 on with 1t in
consequence OF the conduct OF counsel, which was
lar from courteous; Mr.. Davenport said he was
not In court at the time tile motion was made be-
Juuge Benedict Tor the discharge or delnr1cnS
and that the alterations made In his Mr. Daven-
port's) affldayis submitted on tnat motion we're
made by hlm IN pencil IN the 1rst instance. and
subsequently by Mr.. Bliss, the District Attorney,
In ink he Then went on TO state the facts in re-
lation to the OF Charles Hussey and put in
evidence the warrant he had issued Tor Hussey's
arrest He went iully into the particulars OIL this
case and denied the various charges In this par
stance Where an afiidavlt was brought to him 70
be sworn the CHRISTIAN name OF the party sworn
against was omitted and he lMr. Davenporp IN
rna Un IL IN
your deponent unknown, but VINO can be identi-
ned.n In another instance ne inserted the word
law. one or the anidavits brought to MIN was
against Mr.. Richard Croker but he mad never issued
any warrant for the arrest OF Mr. Croker lie de-
MED that ne mad issued warrants IN blank. lie
next dealt with toe case OF Bernard O'Neil, going
into the details minutely Mr. ". Q. Barrett and
Mr.. Bell had applied to MIN about that case &C
night and he refused to take any action in the
matter, and next morning Mr. O'Neill was bailed
by Commissioner Osborn; his action was not Ia
ken against o'Neill to prevent him acting with the
political party to which he belonged, nor di1 poll
tics IN any way. shape or form enter INTO the mat
made to stop repeating; he had always said that
II enarses wsrs 70 Sav be presented a. to a
election: on the day before election ne IN
formed that evidence OF this Kind could be had,
and sald somewhat Indignantly, that as the
evidence could have been presented al an earlier
day he would not issue warrants unless there was
very strong proof indeed tnat an offence mad been
committed; he was subsequently acc0sted by
James O'Brien, VINO asked nIm Wlat was the
trouble and why the warrants were not issued;
0'Brien said that the evidence to prosecute the
parties would surely be forthcoming; subsequently
he went to the District Attorneys ONCE and after
the anidavlts had been carefully prepared by Mr..
GoOdlett the warrants for the arrest OF the parties
were issued and they were arrested ne onnd alter
ward he nad reason to DOUBT that the parties
VINO swore TO those afidavits resided at the
places stated therein, and he caused their arrest
and Indictment before the Grand Jury he desired
| 10 say that he had never used hts political power
I In the interest OF James 0'Brlen, or OF any other
man or set OF men In this community: ne had
warrants IN blank; he had been good deal in
| Albany and Washington on his own business and
AS an attorney and no doubt he would be agaiI !;
ne was, as he said In his answer, always repub-
lican he had never useo ms powers as United
states Commissioner or as Cher supervisor Of
Elections for political purposes either at Albany
or Washington, and he did not we know how he
could 40 so, seeing that botn those places were
on lslde oil ms district.
TESTIMONY or JUDGE NOAH DAVIS.
At this stage OF the proceedings Judge Davis
belna ia Attendance, ne was examined as witness
tor tue prosecution. He said he was District A Z
turney OF the United states from July, 1870, 10
January, 1878; on the day before the election Of
1871 Mr. Davenport came into my room, 10 my
once and stated that he wished no person would
be brought before any other Comm ssioner but
himself Tor bail In election cases; told him that u
was usual TO take parties before the Uommlssioner
VINO issued the process; lett the matter of ONell
in the nds Of General Davies, with directions 10
seeha no injury should be done 70 the administra-
tion OF justice; the ONeill papers were sent 10 MT
Davenport, but tney were not returned 70 my
"a. no you know thar Mr. DavenpOrt made q