New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-10-31
THE COURTS.
TRIAL OF JOHN !. DAVENPORT.

BLISS CLAIMS THAT DAVENPORT ~ AN A|h'H
BUT NOT PROMINENT REPUBLICAN,
The trial of Chief Supervisor OF Elections
John /. Davenport, for mafeasance In ONCE was re-
sumed yesterday. In the United States Circuit Court
before Judge Woodruff Ex-Judge Porter being absent
on other business, Mr. Davenport conducted MS own
Defense and Col wngate appeared for the prosecution
The first witness called was A. j. Haggerty' ana ne
testified substantially as follows concerning Daven'
potts alleged arbitrary and illegal treatment
Of him. In November last was an inspector OF
election appointed In behalf Of Tammauy Hall lust as
entering the on the morning OF eiec
ton. was arrested Davenporrs warrant ana m'ne
dately taken TO Jail was inspector In the Twer.n
Election District OF the XvITth Assembly District IN
the afternoon was taken before Davenport VINO au
mlted me to bail when was taken before davenport
he did tell me the charge which had been ar
rested but said that James Thomas who made the com
plant against me- lived at No 800 East Twenty-nhtn
ST.; went there but found that no such person HVeo
there Davenport admitted he had been unable to
find the cOmplainant the charge against me WAS hot
true Davenport did not ask me If I wanted an exam'-
nation and have heard nothing about the matter
since
COL wlngate here offered to show by the witness that.
on the election day referred to. Davenport arrested
only Democratic inspectors OF election aud that there
was a conspiracy to only such inspectors out
Judge Woodruff said that could not be shown IN that
way. IL did appear what the charge against the
witness
John Doran OF No 223 East Twentyseventh-st testi-
fed Ery In the morning of election day. last NoVe'
ber was arrested the lid Election District OF the
XvIIIth Assembly District asked the marshais why
had been arrested and they said they had taken me on
Davenports warrant wanted them 10 read IL 10 me-
but they refused Immediately taken TO Jaii anu
about 1 D. M I was taken before Davenport, who re-
leased me without bail found out that Jas Riiiey
made the complaint against me, but have never been
able to find him. Davenport here admitted that he hao
been unable find Riley There was no truth IN Tue
charge against me- and never convicted OF larceny
The witness did not state what charge he was ar
rested
p H. Mcclure testified, without stating the charge
against him. that on the morning Of election day re-
erred TO he was arrested Davenports warrant ana
taken JAIL where he remained till IL M, wheh ne was
taken before Davenport, who released him without DALI
The witness also stated that there was no truth IN the
charge against him. and that he was arrested IN he
With Election District of the XVIIlth Assembly
District.
At the close OF the examination OF this witness Col
Wingate said that he would the for the prose
cuton, reserving the right to call Judge Moan Das'
who could then attend because he was presiding al
the trial Of case. This assented to- and Mr. Dav-
EXPORT opened his defense by calling VIC. Barrett
counselor at law. He merely identified letter wnich
had pissed between himself and Davenport and IL was
handed to the Judge. 1t only an invitation TO
Davenport to attend meeting of the Committee OF
Seventy's Committee on Elections.
United States District Attorney Bliss testified was
present when the motion WAS made before Judge Bene-
diet to discharge Mr. Heinrch Mt Davenport was not
there; before Doran Haggerty. and Mcclure we're
arrested he consulted me concerning their cases. ana
advised him to issue warrants for their arrest; was
present when Mr. Patterson called Davenport at the
Fifth Avenue Hotel and asked HIM to release MI Hem
rich Davenport refused to do so because Heinrich hal
demanded an examinations; Patterson said that II
Heinrich were released he would make 100
votes for the Republican party Davenport replied
that he had no business to talk to him in that man
ner Mr. Langbein and many others asked Davenport
TO release Heinrich but refused for the reason given
to Mr.. Patterson; wondered II all the Eighteenth
Ward was coming for Heinrichs, and advised Daven-
port to put the out OF the ROOM was also present
when Mr. Barrett wanted Davenport to release q man
who candidate for Alderman ar Large; paVen-
port refused do for the same reason that he de-
"Tas is an outrage; the Committee OF Seventy would
treat man in that manner :; am acquainted WIN
practice to srgn warrants in blank; on the contrary
have heard him refuse to do So ,, 49, -.
long DISCRIMINATION developed nothing new ex-
eept that Davenport was not leader IN the Repaoi
nent man in party, but he is an active man In It,
He Is also very familiar with local politics. On the re-
direct animation the witness SAID that Davenport had
never been member Of the Republican General Com
mitee 49,, a.. /,.,...
of seventy employed Davenport to investigate election
frauds that he went to Albany business concerning
the Election law. aud that he was fair and impartial
Oswald Ottendorfer testified that, of his personal
knowledge, he knew nothing OF the truth or
fasity of the charges against Davenport nor OF his
connection with the Committee OF Seventy on tae
crosse animation. Col Wngate asked the witness what
the public opinion concerning Davenports fairness
as judicial officer and ex-Judge Fullerton, who had
just come in to assist Davenport objected 70 he ques
ton. After some discussion, 1t was excluded on the
ground that Davenport was mot to be tried on public
opinion, and Col Wingate said that he wanted TO show
that the public had no eondense If fa
Ex-Assistant United states District Attorney Goodlet
testified that he prepared the aidayit u the cases OF
that Davenport requested him to De careful about
the statements in The afiays on the cr0sS-examina,
day or two before tho election in 1879 and that he
made inquiries concerning those who swore TO them
Judson jarvis testified that he called on Davenport TO
see about Doran and Lewis, who had been arrested
That Davenport said he had released them because he
was satisfied that the charges against them we're not
true and he would procure the indictments OF those
who made the afti iavits against them A..
charges against Davenport never saw him until some
time after the charges were preferred and OF my own
personal knowledge know nothing about them.
Mr.. Davenport took the stand as witness In his own
behalf, aud regard to the Heinrich case he testified
10 the effect that lie informed by Sahl that Helm
rich had resisted him In the discharge or his DUTY;
that the police were unable to protect him. and that ne
then issued warrant for Heinrch's The wit
then cOntradicted In almost every particular Helm
rchs heretofore published version OF what occurred at
theiFifth Avenue Hotel Oh the night he was taken
there and stated that be had never treated Heinrich In
an arbitrary and isolent manner ne then corrooor b
attempts TO Obtain the release OF Heinrich and Others
and said that Henrchs counsel Withdrew their offer to
bail him, and demanded examination. He gave as
reason for declining TO 60 on WIN hericn case the
uncOurteOus conduct of his counsel" aud denounced
them as having acted in very improper manner
before him, especially In granting, on examination,
he was extending favor, instead ef allowing right
He next took up the specifics tous consisting OF his
alleged arbitrary position and improper conduct as
judicial officer the OF Charles Hussey. Jeremiah
Kelley James Kergon Bernard ONeil, A ]. Haggerty,
j. b. Lewis, John Doran and y. NJ Mcguire, and denied
all Of the material allegations IN the specifications. He
also denied the specification charging him with hav
n0 sworn persons to affiiayIts at the rooms