The New York herald., 1874-09-09
JOHN !. DAvENP oRT.
sArbitrzry, Partisan and Improper Conduct
vilatien OF Duty and General Untitled
ness for Office Alleged Against Him.

Arbitrary, Partisan and Improper Con.
Nsduct. violation of Duty and General
UaGtness for Onice Alleged Against
Him.
Tie following Is copy OF the charges preferred
ngainst United States Commissioner Davenpor
before the Circuit Court OF the United States D.
Nessrs. Ottendorfer. Emo, Heinrichs and others
which were served upon him yesterday by Georg
w. wingate. counsel for the complainants:-
10 CIRCUIT CoURr UNITED Stairs IN AND ro
rHE SOUTHERN DISTRICT OF NEw YoRR, sEcosi
CAayyesprserrsd aqainst Joan Davenport, Ushe
s osnao zos aaa Eao eserg HeS As
y hagge,ty, John b. L<9i, John Doran and Patrick Ma
sSire.
Arbitrary, partisan and improper conduct in lndcia
rTh., in ,bs pessmas1 aS be a United States against
Seorge Henriehs wno was arrested 4, az b hs seeon
laws Of the Snissa sta sad John davenport
such United states Commissioner arbitrarily and in,
seccna-That he thereafter exaced $1,000 ball. which
TdNThat Commissioner refused to to
win m hs , $ S' snd @p@9pery POST
such ra Neglected and refused
conduct 10 before his as wit
upon said proceeding IN regard TO what he should
Ea-That the proceedings against said Henrchs were
conducted by said Commissioner In an arbitrary manner
partisan purposes, ana constituted scandal
upon The administration Of Jusce
said city October eI2 upon charge OF violating the
& Ss a to
1ected TO prosecute said charge and improperly post
thereafter neglected aud refused to prosecute the same
7hSd~ihat the said examination was conducted by
said Commissioner IN an arbitrary manner and Tor par
ninisraton of justice.
rha in the ssse o Jeremiah email Kelley who was
arrested N said city October ls72 upon charge
second-rhat said Com missioner improperly refused to
sceqte sa,d charge bqt impropery postponed the same
Teused 70 proceed with said examination or prosecute
Third-That the same conducted by said Commis-
sioner in an arbitrary manner and for partisan pur-
zion OF justice.
Violation of duty and condnct tending to degrade the
administration OF justice r,-.,
That during the latter part Of the month Of October,
Club on the corner Of Thirty third stree, and Lexington
s ns n IN GeinS e s
for the election held on November 4 1871 was progress
tie adas md t H Yss % Gonneg aas saS%s
ans sn o0Sn cs
didate ior Alderman and one Grogan which aidayits
q political faction in opposition TO said 0'Nei and
Specification Se-ond
fvssThat on the Sunday following the last mentioned
seaasd & M at his once S do n pnien said city and
:nS others or sI,sssS Violations saa ElsssiSn
Connolly, alias Gallows Fat under different name
sav which a was s' SAID Shds es
and upon Nv which @ affidavit said Commissioner granted
S.-osd-rhat said Commissioner after entertaining
rant tor his arrest neglected the ex-
ecu ed or 10 further prosecute said charge
Thrd-That such COmDlalnt and said
warrant issued by said Commissioner for the purpose
party which ne belonged upon election day (Which
avenpor sea the as se n b ana M iaat s IS saaG
Illegal and partisan manner carry and promote
snch purpose.
SPECIFICATION Third
That the said Bernard O'Nen having been arrested
upon November ISL the day preceding the election,
SAID made bv sand eonne spGn aa ss S
a @ ssea sue IneS eess sss sa
s s p99 5 e o.
e furnish bail and then SICK and inarm condi
Tsi hsp s'Hnaad he hIGss s
moon OF eseoa day. Noye5ep m M and was then
SpeciaGahon Fourth
to sd esarre sad oaem II ar any
h said arrest or to hold any examination in relation
SPECIFICATION Firth
In In 5 to wse AND AND
were made for the purpose OF preventing said parties
party We belonged BY SI securing ing their mpf
onment Ihat sad Davenport was we'll aware Of such
tates Commissioner and Chief supervisor Of Elections
Goc the same.
SPECIFICATION sixa.
John Davenport ,uch commis ssoner, granted a
f Si in e w Eecc ~ho stTc
o. the Eighteenth Assembly district of said city,
Jamss ho%a ehafslnS sais s &ndre~ afsn WAGE .5
M s up6 @ % S "a h1ns PIN $40 10 % at
peat upon which warrant said Haggerty arrested
secor.d-That said affidavit was not made by James
Thomas but by fictitious person, and that said John
Davenport knew, or had reasonable cause 10 believe
Thsrd-That the charge therein made was false. and
isat sse h.I JGhn bayennort knew or had reasonable
fotSgIhat said Charge was M made t to said Commits
o. a9S sf a nd sqfa by him & for the The
Of Elections upon election day and of making
alea By person in political opposition party
wine winch said Aadrew j. haggeriy was member and that
5yaThat said Commissioner since the of said
him or TO hold any tiion in relation Hereto.
ti,a-rhst, npon The 81 day Of November 1873, the
2oa Tor pWayeaPor W as NSb sSG lone granted
nspec Of hee1ons in the Fft Election dstrct Of
sa ETn'een'S 5 Ss1 Amy rsy district upon % an aeaS
eharsng said John B. Lewis With having endeavored to
say oi me@se OF nre 10 SpoD So's Which lf
a tfSsa wa. no aad maae RfsSSnsad Sy sad John
bbsa bsaes1"r cS e sy as2s a hat John
such was the tact
passspoi d@ or had sare reaso
able cause TO believe ihat such was the TACT
FOurM--Ihat said charge made w said Commfs-
eiuner and said issued by io the purpose
OF removing said John H. Lewis said ONCE OF In.
spector OF Elections upon election and of making
VACANCY IN said ONCE by his arrest which would be
nied by person belonging TO the party political on.
position TO said John b. Lewis that result fol-
lowed SAID acts - ' ~
fhThst said Commissioner, since the arrest OF said
John b. Lewis has failed prosecute said charges or
70 hold any examination IN relation thereto
Specsaonfiop EItI..
Fira-That on the I'd Of November, 1873 the said
John I Davenport, snch CommssIonpr Vranted
warrant for The Of John Doran upon m saidavit
pprporting 70 have been made by one James Reilly
charging said John Doren with having offered him s0j
10 repeat and bring Others to election
upon wbicn warrant said Doran arrested and i'm
prsoned. ~
SoroaR-T That said affidavit was not made hy James
Reilly but by delicious person and that said John l.
Davenport knew. bad reasonable cause to believe
that such the tact
rhird-That the charge therea made was false and
mat said John !. Davenport knew, had reasonable
sanse 10 be ieve, that such was the TACT
FOUrO.-That sntd charge msdc 20 said Com
uer and said warrant fssued by him the pr
removing said John Doran the polls npon