The New York herald., 1874-11-03
THE DAVENPORT EXAMINATION.

street, before Judge Woodruff.
AN ERROR IN THE COMPLAINT.
At the opening OF the days proceedings,
Judge Woodruff said he had not discovered until
this morning that the complaint IN this case was
not signed; it was not even said who the COM
plainants were.
Mr.. Wingate-The names OF the complainants
are in tie printed papers before Your Honor.
There is a paper signed by me as counsel and
attorney for the complainants. The charges as
made by these gentlemen were sent to you as
judge
Judge WoodsuG-They were sent 70 me asking
me In my private capacity as citizen to remove
this gentleman. l said could not act on any
such application as that. did not discover until
tins morning that there are no charges Ii this
case regularly fled. 1t Is extraordinary, but
i may have been misled owing to my own care
lessness.
Mr. Wingate-Counsel on the other side pressed
me most strenuously to proceed with these
charges.
Later on in the day Mr.. wingase said counsel
had waived all technically about the signing of
the charges, provided they would be put in proper
shape SO as to be dealt with by the Court.
DAVENPORT AGAIN on THE STAND.
Mr.. Davenport again went on the stand and
said IN reference TO the cases OF Doran, Lewis
Mcguire and Haggerty, after the election OF 1878
he was called upon By Alfred I. Aekert, as coun-
sci for these men, and asked TO see the papers
against them; he said he woulu give him those
papers If he would put the request in writing,
which Mr.. Ackert did; Mr.. Davenport then,
acting on this request, gave to Mr..
Ackert the papers snI the un3. room % be os oSeu.
used by him 1or political purposes. He denied
the statement Of one OF the Mr.. Langbens that
toned to him as ban for Mr.. Heinrich; Mr..
Creamer's name was never mentioned TO him as
bail; he never knew to "a what political parry
dad NOT know that they were inspectors OF eec-
tion-in fact, he cared nothing about It; has had
nothing TO do with inspectors OF election In the
this court; he was not at Police Headquarters
was on private business; prior to the election
day he had not known Mr. Oliver Charlick by sight;
With me exception lon Of s the State conVension o.
1873, and he stated that he had rarely voted at
BY Mr.. Wingate-I do not consider that have
been during the last three years an active repub
lican politician; so far as consultations go have
taken an active part for the republican party;
elections in New York for the past three years;
trict Attorney requires them wlll send them to
him; DO not Know II Jimmy O'Brien supported
srated 70 Mr.. Barrett that Mr.. oNeill had de-
manded an examination that there was no one
shouid refuse to take IT, IL; one Of the charges
against me Is that have been In the habit OF
116Qlng warrants at places other than once:
have stated the circumstances under which
have done so; have issued warrants at places
other than my ONCE, and have taken bail at
places other than my ONCE.
TESTIMONY OF GEORGE W. LYON.
George w. Lyon, Assistant District Attorney for
the county, deposed that he was employed in con.
necti6n with Mr.. Davenport in the Committee Of
Of Elections OF the ComIaittee OF seventy,
time the rooms Of the Com committees were we're
at No. 30 Union square and part of the
in Which Mr Davenport dschaTged his business as
Commissioner; ! never knew hun to issue war
lar as know, than any one else OF tndging; was
in the room at the Filth Avenue Hotel wnen the
complaint was made against NJ. Heinrlchs; Mr..
bien, Mr. Rollwagen and others were present;
at that time Mr.: Davenport took The Jusn.
knew that he was TO 90 to jail he was
much exercised Mr. Davenport then took Mr..
day he would take his bail II he found it satisfsc-
tory; Mr.. Ely never offered 70 go bail for MI Hem.
r,cas, but asked MS release solely on the ground
To Mr.. Wtngate-I am secretary OF the Repub-
hcan General committee; have been pretty much
with MI. Davenport at election times; at the cleo.
tion OF 1872 was UP with him until five O'Clock on
the morning OF election.
TESTIMONY OF BERNARD M'GAFFNEY.
Bernard McGanney sworn--I never swore to an
afhdavit before Mr. Davenport, either at the Jack
son CLUB House or at No. 80 Onion square.
TESTIMONY OF FREDERICK BERNARD.
Frederick Bernard, Deputy United states Mar
sha deposeo, In reference to the election OF 1873.
.
these warrants were given to him to execute at
about fve O'Clock on the evening before election;
arrested one or the parties at Thrtyfourth street;
sent 10 the residences OF these men that night and
endeayored to find them, but did not succeed.
To Mr.. Wtngate-on the morning OF election I
arrested one OF the men and the others In the
streets; did not have any conversation with Mr..
Davenport about the arrests.
TESTIMONY OF CHARLES J. srAHI-
Cnarles :. Stahl sworn-l am doctor OF medi-
cine 10 tne eiectlon OF 1872 held the position OF
deputy marshal In the Tenth Assembly district
the district In which Mr.. Heinrichs resided: Was
employed TO verify the registry; went to Mr..
Heinrichs' house, knocked, and was requested to
enter; Mr.. Heinrichs ana some other persons were
ynere asked MIN II he was Mr. heinricns telling
him / had come 10 verify the registry; had nv
badge on my breast: he became exasperated, re.
fused to answer, and threatened me with assault
n did not leave the room; asKed him not TO
give any trouble, and tnat II he did would arrest
hlm; he used word that do not ike to repeat;I
left the house and looked Tor police oflcer and,
fnding one, requested him TO assist me; he asked
me what person ! said Mr. Heinrichs was the per.
SON. and showed him the house; be refused TO
have anything to do with the matter, saying
should not arrest man so influential IN she ward
ss MI. HelnEtchs; was unable TO get any iacts