New-York tribune., 1874-07-21
OrFENSES OF FEDERAL OFFICIALS.

AN AFFIDAVIT CHARGING COMMISSIONER DAvEN-
PORT WITH COLLISION WITH PERJURERs-coM-
PLANT or EIGHT CG1zESs-FoRNlAL CHARGES
ASKED FOR.
| Col. George w. Wingate, one of the counsel
engaged by Tammauy Hall to prosecute those accused
of violating the election laws, has recently received
from Judge Woodruff answer 70 his communication
complaining OF certain of nses aud OF the arbitrary
arrest OF private citizens by U. s. Commissioners John
Davenport. Judge Woodruff wishes to have formal
charges preferred against Commissioner Davenport.
These arc in OF preparation by Col Wngate and
his associates Col Wingate addressed yesterday the
following note TO Commissioner Dayenport:i
Commissioner JOHN |. DAVENPORT.
DEAR SIR: In pursuance OF your request send you
%Gs1 Ta oy u%rd we %od@lS pPih h sss T his dT
that should take the shape OF charges pre-
ferred TO Court shall at as early day as
practicable prepare formal charges and specifications, OF
the ling of which you VIII pe duly lhiorieuc ~, ,,
Very respectfully, GEO. W. "IS'AiE'
Neto- YORK., July 20. 1874.
The following copies OF the afiiavit OF Thomas
Dunphy. setting forth improper practices OF which II Is
alleged Commissioner Davenport was cognzant, and
complaint signed by Oswald Otendorfer and others:i
United States Of America. southern District OF Seo-
York. ss Thomas DunPhy OF The Cty OF ne rin 1SrE
the canvass 1871 in the FALL and few days before
the November election deponent was sent 1or 10 go
Jackson Club, Of LeXIngtonaye. and Thrtysec
Ond.st by James O'Bricn; that depOnent's arrival
he found the place full said Orlen and John l. Ddven
>.
The folding of tickets proceeding; that after deponents
ARRIVAL Justice B. H. BixOy In; that TO dep0nents
ber election; that on deponents arrival ne was re-
quested by SAID O'Brien TO draw afidavltS Tor TWO
persons then present, named Patrick - but who
is sometimes called "Gallows Pat and Barney Me
GTora9. Tor violation of the election law OF the
United States that the allldavits were made as
deponent now recoects, the statements
Patrick aud Gafney signed and swore to them be
fore DavenpOr depOnent was then requested 10 DC AT
he sai Al,du
a carriage with Gdtfney. Patrick, and James keegan
10 the office of said Davenport No. 10 Union square and
there two davits drawn (by the direction OF per
sons who stated their woul1 make aihdayits about
thcy were to be sworn to- dcponent found that Pat
rick" signed Of the ahiivats under another and
different name from that used the prior day and SAID
Keegan also signed; that one Hickey was there and
asked 10 sign affidavit which he was to sign and
Hickey to depOnen and asked what III was about
drpOnent told hm it was arrest ONeil, Croker and
Others; he said no had nothing against Croker ana
| asked deponent 10 get O'Brlen to let him OIL from
making affidavit aud he did not make one that when
keesan was rst gong 10 swedf 3r no ms S tSa okr ro
should find it OUT deponent advised him not to do
the whole proceedings were as daponent understood
to procure arrest Of active political parties TO pre-
their being out On election day to and ther party
Sworn to before me March q, 1874
KENNETH q. WHITE, L. 5. Commissioner.
THE COMPLAINT.
| To The Hon. LEWIS B. WOODRUFF.
The undersigned, In transmitting herewith ior
your examination the testimony taken IN the proceed
ngs against Oliver Charck desire to call your special
5 co. G lOi, ILL., 1885, l73. l9O ana 23
establishing the connection between the proceedings OF
| John l. Davenport, Commissioner OF the United
States Circuit Court and s1perySsor 80 OF Elections ana
the frauds and illegal acts shown TO have been commit
ted the last election 10 Will be observed that the
parties arrested false charges by tins Commissioners
all arrested IN sngi9 Assenply s di,flct re the
XVIIIh). known TO be controlled by exSnerit OBren
Dn eanddaIe for Congress running in district in
| which he was charged with being an Onenlerl that
these made upon the morning OF election
| leaving vacancies which were In all cases con-
yeniently flied by person IN political opposition TO
| the Inspector thus arrested, and That no steps
have since been taken By Commissioner TO further
prosecute the cases, his reply TO PATRICK H. Mcguire
lone OF the parties wrOnGully arresed) ON inquiry
spage , 70 iT rHe proof of the political
me- he 20. H ysber isren and Commssioner Daven
por appears in AFFIDAVIT OF Thomas j. Dunphy also
tbe manner in which he is In the habit performing
his judicial functions. Your attention Is also partcu
Inry called to the OF Geo A. Helnrichs appear
Ing in the newspapers OF the city, aud particularly OF
The World and sun from Oct q to Nov. /, 1872, In
elusive, well as shown by tho papers on he upon the
motion granted by Judge Benedict oct g. 1873, dismiss
Ing the charge. Here was case OF responsible aud
respectable czen at the worst only charged with re-
fusing tell his age TO marshal who called at his
house verify the registry. being arrested by order OF
Conmssi0ner Davenport, ana committed without pan,
although tend0ring tho best OF bail, and h1aly, after
several days Imprisonment. released on giving 5000
| bal His examination conducted In an exceedingly
arbitrary manner by the Commissioned VINO occupied
and was pDstponed as he saw from until
finally nearly year aterward the case was dismissed
by Judge Benedict for failure to prosecute H. II also
to be observed that the Marshal making the complaint
received credentials at the headquarters of political
ease over with the Commissioner. Attention Il plttlcu
arly called to the stated III the affidavit
of the Commissioner himself TO his not prosecuting
this after the election and to his statement IN such
adavit that he would act III the same way under similar
| circumstances.
In the cases Of Charles Hussey, jeremiah Keeler and
Francis Heaey, published IN the papers OF the same
dhte the same arbitrary conduct the part Of the
Commissioner Is exhibited. In addition TO any partcu
lar Instances that be specified IL Ii fact known 10
ali tnat Commissioners Davenport is and has been for
long tme active and bitter political partisan IN all
matters appertnug 10 tins city ana STATE ana he has
been prominent In the different party movements taking
Mace either the Legislature al Albany or IN Congress,
a. well as I'm The city ITSELF the representative Of
| certain political faction. .,,--. l., ,
ernmept of the country conceded, II must be ad
occupying judicial positions, and particularly where
snci judicial positions Intimately connected win
Ine ma and control OF elections that to retain
nnbIio confidence iu the administration OF justice by
ihem as well as by the courts VINO control them, III u
that tlat they should so ovnduet tueu'