The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-29
COMMISSIONER DAVENPORT.
His Appearance Before the Congress
sional Subcommittee.
DOINGS OF THE ELECTION BUREAU.
How They Are Defended by q
Jealous Official.

LSdlOQS OlIlcIdIs
The investigation into the charges against Commits
sioner John l. Davenport. in his capacity as Chic
Supervisor of Elections. begun yesterday morn.
ing by the subcommittee of the Judiciary COMMITTEES
of the House Of Representatives The room in which
the Investigation is held is known as No. / on
the fourth floor of the Post Office building, OF
the suit occupied by Mr.. Davenport himself. Tho
three members of the sub-committee-Mess Frye,
of Maine Lynde, of Wisconsin. and Forney. of Ala
bama-took their seats Mt half-past ten o'clock Mr..
Lynde acting as chairman. The charges against
Commissioner Davenport are for certain acts of NAL
feasance in offcen unnecessarily interfering with
number of voters ut the last election more partcu-
ary in connection with the holders Of naturalization
papers of 1868. Mr.. Davenport appeared in his own
defence.
At the opening Of the proceedings Colonel Win
gate, addressing the committee. said that he ap
peared for a number Of the petitioners, upon whose
representations to Congress this investigation was
ordered He said that he would like to call and ex-
anime witnesses as in court The request was
granted
LITTLE DISTINCTION.
Mr.. Frye. the republican member of the commit.
tee, before commencing business referred to the
resolution passed in the House, calling particular
attention to its wording From it the committee
would that they there to investigate
John l. Davenport conduct ut the last election Su.
pervisor of Elections. As United States Commits.
sioner tho committee had nothing to do with him.
The Judge who appointed him could ut any moment
remove him for mafeasance and therefore he would
Davennort in any other lrht than that Of Supervisor
of Elections. The Chairman and Mr.. Forney some
what dissented from these views. believing that they
were empowered to investigate Mr.. Davenports
conduct both Commissioner and Supervisor of
Election
Commissioner Davenport demanded that some OF the
parties who active in preferring charges against
him and securing this investigation be first called.
that he might know who they were. He called on
Colonel Wingate to produce these witnesses. Colonel
Wiugate said that Mr.. Davenport charged with
having DISTINGUISHED some eight thousand persons.
all OF whom aggrieved. 1t would be impossible
to call them all.
OPENING THE CONTEST
Edward I. Denning was the first witness called BE
lived at No "a East Ninth street. superintendent
OF A. T. Stewards retail store had under his charge
from five hundred to one thousand people; came here
in 1861 naturalized in 1861 had declared his in
tention previously; sfterward voted straight along
to 1875 ut the last election he went on the 25th OF
October to the usual place of registration and gave in
his name; . person called him back and demanded
to his tssv banded th ,Ss
papers detained and no receipt given for
them. subsequently he got a duplicate and tried to
vote ut the regular polling place of his districts but
he arrested and taken to the republican head
quarters and thence before Commissioner Deuel. and
afterward before Commissioner Davenport. The
latter requested him to give bonds but afterward
permitted him to go on his promise that he would
not again attempt to vote.
TO Commissioner Davenport-There was some
question OF bail rased you did not say thatf were
baicd could vote, but that IL, after my discharge
attempted to vote would be rearrested; Mr.. Rice,
counsel for A. T. Stewart Il Co., to the court,
and eventually through him, was discharged on
my own recognizance; was not informed by any
one prior to voting that my papers were illegal
was counsel for A. T. Stewart Il Co., and as such
acted on behalf of tho previous witness in efecting
his discharge from arrest called the day Of cleo.
ton 1T Commissioner Deucl's office; referred by
that official to Commissioner Shields. and by him to
Commissioner Davenport as the , only person who
the testimony of Downing as to the great crowd Of
persons under arrest that day and the difficulty he
found in securing his release. which only granted
Mr.. Downings pledgng himself to forego his
ONE OF pAvENponr's DEPUTIES.
Stephen Mosher was then called This witness was
Q very active agent of Mr.. Davenport in making
rests election day and in preparing the necessary
warrants before He testified that he was appointed
o special deputy by Davenport during the election;
acted under detailed and special instructions from the
hundred complaints against parties voting natu.
raization papers issued from the Superior and Su-
preme courts in 1863
acted under my instructions, in pursuance Of por-
ton OF the statute which required me as Commits
sioner to investigate such proceedings.
Colonel Wingate-Will you admit that you drew ur
Commissioner Davenport-No; directed them,te
be drawn in the form they were in.
A long series OF questions of hypothetics char
acter were fired with mltraieuse rapidty by Colonel
Wingate ut the witness Mosher, who several
times appealed to to desist from stroking his
tache. which seriously nterfered with his utterances
in giving his testimony.
Witness continued that he had made his complaints
after examination OF the records of naturalization
for 1868 in the Supreme Court and Superior Court Of
Commissioner Davenport admitted that he had
warrants sworn out against these parties after
aiming the index Of the supreme and Superior
snrfs. flarp Wpr 4 aue0 inQl
parties who had received their papers forged ap.
pcations; these warrants were put in the hands Of
the deputy marshals the night before the election
Chairman--Can you tell us how many complaints
made previous to the registration Of 1876
Witness-I cannot.
WHY SO FEW?
Chairman-Out of the $500 complaints filed by the
Commissioner. between two and three hundred were
z. Do you know why the others not pro-
ccedcd against? A. No. unless they informed
that by surrenderng their papers they would escape
arrest and prosecution.
Q. How many did so surrender their pspersa A.
In the neighborhood OF $500.
q. How many of the $500 persons against whom
warrants issued woro brought to trial?
Commissioner Davenport-About five hundred.
q. How Is II there were only 800 proceeded
against? A. cannot say; suppose because their
papers were corrected.
q. What was said TO the persons who surrendered
their papers OF naturazatony A. They told
that their papers were incorrect. through irregu-
larities Of the Superior and Supreme Court rccords
the explanation was contained in printed circular
Commissioner Davcnport-Did you personally ~.
certain that number of registration papers had
been obtained in the Supreme and superior courts on
fraudulent applications during the year 1882 A. !
did; ascertancd this fact of the irregularities OF
the records in the Supreme and superior courts
from the Committee Contested Seats, ut which
attended in the capacity OF clerk to Commissioners
deuel.. and ON this knowledge all these complaints
were taken out.
COMMISSIONER DEUEL. ON THE STAND.
Commissioner Joseph Deuel. was the next witncss;-
Was deputy clerk under Davenport; held once our
ing good behavior sat In the Circuit Court on cleo.
tion day; turned the statements made to me by
the parties arrested to the Chief supervisor OF lec
tons: that paper was returned to me by Mr. Daven-
port; cannot remember the circumstances OF the
return or any statement made ON the occasion by
Comrnissioncr Davenport In disposing OF the cases
ON election day told the parties the charges against
them; counsel appearing for them waived examine
ton and they were held for the Grand Jury, being
jiscbaryei on their own rocognizance on condition
that they should not attempt to vote; rcmen-
bcrcd the of Patrick whelan. who. on being
discharaed WAS rcarrcsted for voting; sent HIS
TO commissioner Davenport; had other parties
charged before him. besides those voting under the
~ f.r futuo ntro-