The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-02-01
JoHSL DAvENpoRrs ARREsrS
Michael Norton. Gold Pen Foley, aud Others
on the witness Stnnd.


Tho Congressional Committee continued
the investigation Of tho charges Of Illegal ar
rests on election dry against John 7. Davenport
yesterday. The first with 49, Michael O5right
fatty denied that he had voluntarily surron-
dcrcd his naturalization pnpcrs to Mr.. Davcn-
mort. who now had tiiom in his possession. and
would not givr them up. although he had prom
iscd to return them.
Arnold Iustig Of 5i1 Fifth avenue. n real cs-
tate owner. testified that he wns nnturalzed in
1863, and was satisfied. from tho advice Of lcnd-
ing lawyers. that his papers wrre correct Hd
got notice from Mr. Davenport that they wrrc
irregular. and won't down to the Federal Build
ina with his tax reccius. amounting to $500.
in his pocket. hut sIr. Davenport would not giyo
MN ANY shilsIHt'On. ~ lnslst'u ihht mr..
Davenport knew very vol that his papers were
REGULAR.
Eiward J. rInll testified TINT he was m In
ar'rrtor oi El"rion in the Sixteenth Assembly
District; saw man v"t at tlie Inst cletion ON
1863 papers. The mnrahuls hud no warrant for
him mud some ltrpu'irgns tried to d"in,n MIN
until warrant could hn procured. Witn' ~
kurw ~ about nfl"nn in his district who kept
away from ia" polls for frnr they ni,ht be mr.
rested II they attempted to vote on 1868 pap"iTg.
Sigiemund klugensten. n well-known citiDon
for many senrs near Eldridgr and ID lanrov
etrorta teetincd that he WINS. rrgetnrcd on 1868
pHprrs. nnd got out n duplicate natural i2nii IN
pnp"r ns Mr. Davenport advised. but ho was ar
rested after voting.
-
at Eighth street and broadway, saw the on 'crs
refuse to allow Andrew Pphl To vote, and saw
him arrested: but another man who had simi-
l9r naturalization papers WAS allowed to vote.
ROM WINS u Democrat. and the other man WAS u
Republican,.
Herman Lenge. who had served thrco years
in the army and got nm honorable discharge.
was l2ed in October. ikGS, In tho SUI
porior Court: yns wounded nj Cold Unrhor
Mr.. Davenport took away his papers and told
hum that ho WIS nutura2,d property, ana mad
better get duplicate When he went 10 vote
he Hsccrtnined thut n warrant WIS ready to ar
rest nm. He went down To- sec Mr.. Davenport
q second time. but could not SEQ him, although
Mr.. Davenport took his second paper away
lie did not vote. because he was afraid Of being
arrested.
Albert n white. keeper Of tho Morgue. testi-
fed 10 an Effort To- arrest twenty-five men tho
night before tho election who were legal resi-
dents. and hat been for various periods from
one year 10 fourteen years. Two men were mr.
rested VINO hnd voted for years. and whose right
had been tested at III" recent Presidential crc-
ton. One Of them had been arrest .d before
md discharged hy Mr.. Davenport himself Mr.
Davenport said that II tho men voted he would
have ttum arrested and would take twenty four
hours to consider about taking bail Heard
Davenport say he was going g. play this
thing for all It was worth" or words To that
effect Mr. Davenport said he would not nccept
United States bombs rs bail. or tic twenty gvs
nlen all but eight voted. and wcrc not arrested.
umid.
How did these men get chance to vote ?"
WIS asked.
"Oh there was n row in an adjoining dis
took the opportunity to vote lLauchtcr.l
MAJ shat Payn wis called rs the first witness
for Mr. Davenport. He testified that although
there have recently been complaints that some.
OF the deputy marshals had charged more ser
vico than they hnd performed he heard nu
complaints against any deputy mnrsInls for
IMPROPER conduct nt tho polls on election day.
lie said the deputy marsllals were not apl liuted
~ Mr. Davenport or by his direction. WItn"ss
did not enter IN the record books Of his on'e
the 1000 warrants received from Mr. Davrn-
port Ia election cases. His custom was 10 make
an entry Of all warrants but there were 80
many ni them ihu ~ would have required too
much labor IL" had no means of tclllng how
many warrants were issued ON election day. he
cause many were returned 10 Mr.. Davenport
What has bec1mc IT the , 400 warrants that
wrro issued boy Mr.. davenport and NOT served -
| suppose they were handed back to Mr..
The warrants were not given to you in the
Supervisors and held by them. and l.iyen out
one hy one - the men came up e. yotef'
Most at them WERE
q" /. not tn manner Of issuing warrants hy
Mr.. Davenport on election day different from
lhai IN any other proceedings
" Was ne way in which Mr.. Davenport issued
th9Se "irt6h warrants proper way p
should say on general principles no; al
though don't see how lie could have done il
,Michacl Norop Of .siy,eenth street testified
years ago. aud had lived in tho country thirtv'
on" yeais; took out duplicate c.rtin ate I'm
l'f'7s i NNlNiAl ltilfl MN ne would ln r..
r"st' H. ann ne said That ia that cas-" he would
NOT vote early in 90" day. lAushtarI Ho
went homo ana tod his wife he would urni-
uhh Got lodgings ol~ where f.r tine nieht.
llaiughtrrl When he went To- vote he was mr.
rested nnd taken 90 the Republican hontuuar-
uiS' ani allowed 10 20 ON promising not to
vote. lherr WIS no Commissioner there On
leaving the stund. Mr.. Norton said with run-
lhasis; didn't wantto Doe locked nv. heard
thry were bowling for food down al ia. Post
onire. Laughter | think TINT IL one iudf.
Nduai AK" Mr.. Davenport can make all This
trnuhir 70 rliH,hs Of the United States. IT is a
United States Commissioner John w Ii,tio
explained now he disposed ~ the 100 eases
that came Mlnte MIN ON election day. In most
cases 10" discharged the prisoners ON their own
r'cognWhncts; lew were held "a bail. liz Ind
hwri oi judge lrredman'- decision thrt In,
1865 plprrs were LEGAL. hui Mr.. Davenport told
MIN of a case that had been decided lu Hrook lvn
az General Term. that covered the statement oi
the forms that are necessary To prncur,, "A uut-
uraizlton; He had not read tho decision ana
understood Mr.. Davcnpurt that ii was different
from Judge freedmdn'N decision. Mr. Limo
SAID that b. had had several casrs before him
81 persons who got their certificates If natural
iHiton out Of court. one was obtained i'm n
lager beer saloon. one on the top of "A stare nni
two in butcher shop Witness iiL nj / , '',,
That any indictments had been found nrairst
any oi the 100 cases he had PASSED upon. Ali
me charges against the accused pcrsons had
been dismissed. H. had been h,t1r,, inn Grand
Jury in one case which was different from tIe
others. " va"
John Foley. the gold pen maker. testified th,,
~ offered togo on the bond % pdtri. 6 Whnlon.
lQr whom Mr.. Davenport wanted sA5lO Laii'
Although Mr. Davenport hui known MN ,,ni
elght or nlno years, ho would not 4 tho man
10, hut sad b." would take twenty four hours
sunlelency 81 Mr. Foley ns security. Tho man
went 70 Ludlow street lull, and Mr.. Foley never
heard anything more Of the bail bond.