New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-11-03
TRIAL OF JOHN I. DAVENPORT
CLOSE or THE NEUTRALITY-SUSPICIOUS. OF COL
... t.... wINGATE.

CLOSE or THE NEUTRALITY-SUSPICIOUS. OF COL
The trial of Chief Supervisor OF Eiec,ions'
Jobn l. Davenport, was resumed yesIerusy :.
limited States circuit Court, before 1uuso "".,. ~.
Mr. Davenport denied Iangoeins s'a'eI 49,
eject that Thomas J. Dreamer offered hihse nc o"i
George A. Heinrich, and said that ne never Auo" 80
political party Doran, Mcclure anu .so,o,s ~
To- and that he had nothing to 90 Win i"'p'o
,,, a., this civ He also stated that prior TO eiecuoh
aav IN 1874 he did not know Oliver CnarneK py ekn~
On the minaton and In reply 10 COL "inka
n.sion Mr. Davenport stated that he ola not conSiuer
s,n, az having been during the last three years an
active Republican politician except 10 inc ma''ef "
consultations The rest OF the crossexaminauon uo'or
oned nobinr new except that the witness had ns' o
me names Of all who had voted In this city during ne
last three years. ,c
Assistant Disrict-Attorney Lyon corroooraed Daven
port,s statement of what occurred OF Avenue
Hotel IN che night Geo. A. Heinrich was taken tnere
and said that he never knew OF DaV
ennort,s issuing warrants signed IN panR
Bernard McGsfferty testified to the ehect
that he had never to any adavits before Daveh
mort at the jackson Club Rooms. or at NO ~ UNION
SQUARE Deputy United states Marshal Bernard tes'ned
that he had no conversation whatever WITH davenport
concerning the arrests made his warrants on election
day in 1873 DR.. Charles j. Stahl, the Deputy soper
visor OF Elections arrested Mr.. Heinrich, hatly
contradicted the later's story Of bis arrest long
examination elected nothing new
This closed the direct testimony for the defense anu
Col WIngate opened the rebutting testimony Ior inc
prosecution by calling w C. Barrett counselor az law
He testified that did not United States District
Attorney Bliss ONeilps arrest the night he was
taken into custody and that he did not then find out
what the charge against hun was. This contradcted
Mr. Biss statement and the witness said that tue ior
mer was grossly mistaken In what he mad sworn 10 III
that respect" Frederick ROwagen, IT,, testified tnat
he was present when Heinrich was taken oeiore Da'on
nor, az the Fifth Avenue Hotel and that ne refused W
release hun upon any consideration PatricE Ianna
testified that he had known Galius Pat one Vi ."o
for the defense for years. that his character
for truth and yeraelty" "Dot much" ana that nc
vould not believe him under OATH "Gaiius rat tee'i-
fed that ONewas arrested for irving to run 10 ~ or
40 reporters" A long crossexaminati0n by DstrcFAE
torpey Phelps who had come in 10 assist Mr.. DaVeh'
port failed to change the witnesses opinion o! Gaus
Patp O,NeI then bluntly cOntradcted Gallus Pats
testimony In every material point. Thomas A. smelds'
clerk in the Clerks ONCE OF the United states circuit
Court testified that, according to his impression'
Davenport was present on the motion before Judge
Benedict 10 discharge Heinrich, and c. La ngp elm
said that Davenport was present upon that OCCASION
They coutradcted Davenport.
This closed tue repuuttng testimony for the prosecu
ton and In behalf of Mr.. Davenport Assistant niteo
States DlstrictAttorney Purdy testified that he was
present on the motion before Judge Benedict 10 ds-
charge Heinrich, and that Davenport was not there
This closed the testimony both sldes and MI Ia
veDport announced that he proposed to submit Tue Case
without argument, Col WiDgate replied that duty TO
his clients compelled him 10 sum up lie began by
claiming that the law of Feb 49, 1871, under which
stah appointed deputy supervisor OF . Eiee
tons. gave him no power 10 enter heinr W.
house and make the inquiries he did ana tnat
the face of tue papers on me, Ddse .rsTt
went beyond his jurisdiction In issuing warrant
for Helnrichs arrest the complaint made against
him 10y Stanl. Col Wingate then denounced Daven-
ports treatment OF Heinrich as gross outrage upon
the liberty OF n citiZen and said that when nc was
taken Davenport at the Fhth AVehus Hote tha
Official knew all about him. and was determined at all
hazards TO make an example of him for the pur-
pose OF terrifying large number OF German
vo,ers ana keeppg er tSs
shed story of Heinrlch's arbitrary arrest ana in-
house aud at his Office, aud of marshais ana
depuysupervOrs Of election at his BACK Ine OBJECT nc
aiming at could not be mistaken WIN an tnat
power, he did like JUDICIAL ON cer but as
prosecutor" His declining TO ban Mr Helnrlch ON tne
night he taken before him at the fItth avenue
Hotel his being clOseed with the main witness against
hiD and his repeated refusal TO 90 on with
the examination, showed that Davenport acted
a9e ine bower vested in G@ ana that he acted
all arbitrary aud oppressive manner. the deputy
superyisers OF election arrested on DivenpOrts war
rants belonged to the political party opposed TO hn
those pat their places were active workers 10 ms
own-the Republican, This showed that lie used
ais power for partisan purposes MI. Bliss to the
trary, Mr.. Davenport was prominent man III tuat
partisan IN II, Col. Wingate then brlehy re-
viewed the testimony ~ the Gases OF Doreh
ONeil Mcguire aud Hnssey, and ae, eonteHd ieS
his action the Heinrich case, clearly established
his legal and acted in most oppressive aud ar
and That. therefore, he should oe re-
moved from the position OF Chief Supervisor OF Fec
He had iusued and outraged me dignity OF the
Court, appJntee he was, aud was Inc duty VI
the Court TO remove him from office
Mr. Davenport said that he did not desire To reply TO
Col WDgate aud Judge WOOdruh reserved hls decision