The New York herald., 1879-03-29
COMMISSIONER DAVENPORT.
CHARGES OF MALFEAsANCE IN OFFICE FILED
AGAINST HIM IN THE UNITED STATES CIR

CHARGES OF MALFEAsANCE IN OFFICE FILED
AGAINST HIM IN THE UNITED STATES CIR
CUT .COURT-wHAT Mr.. DAVENPORT SAYS
The investigation of the recent Congressional COM
mttee into the action of John 1. Davenport. Chief
Supervisor of Elections at the last election has been
followed much sooner than was expected by charges
looking TO his removal both as Unitsd States Com
missioner and Chief Supervisor OF Elections for
the Southern District of New York. Tho charges
allege malfeasance Office in the discharge of hi
judicial functions United States Commissioners
and arbitrary and improper conduct as Chief Super
visor of Elections. Charges to this effect were
filed yesterday before Judge Batchford, in
the United States Circuit Court. on which
order issued allowing Mr.. Davenport twenty
days in which to file an answer to the charges and
specifications. The papers in the case were pre-
pared by L. Enery Anderson and George W. wingabe.
the Tanmany counsel at the last election and also
for the committee during the recent investigation
The papers were served upon Mr.. Davenport yester-
day in District Attorney Phelps Office by Frederick
s. Hart He received the order without surprise,
merely remarking. "All right. sir; am here, give
me the papers" The charges and specifications are
and Immediately prior to the last elec-
tion in issuing warrants against persons
in the Supreme and Superior courts in this strict
in 1863 and arrestng the same. The petition is
signed by Peter Coleman, whose case made test
case in December last before Judge Blatclaford;
Patrick Whalen, who arrested and imprjsone ed
election day. and seventeen others who W ere ar
rested and imprisoned at the same time. There are
two charges sixty-eight specifications agar the
defendant as United States Commissioner al u one
charge and four specifications against him Chief
Supervisor of Elections The first charge is for NAL
feasance in ofce-in that he caused to be PR pared
and verified in November over three thousand COM
plants for alleged violations of the naturalization,
election and registration laws, and that such
action on his part not intended to secure the
punishment of the persons so complained Cd. but
for the purpose of preventing such personsfrom
voting at the then ensuing general election; tit on
these complaints he issued warrants and had them
executed by special marshals and supervisors Of
executed election day be returned to him. and
has not since caused them to be executed. The
ond charge alleges improper and arbitrary of his
powers United States Commissioner in issuing
warrants without proper or probable cause~and ar
resting and imprisoning thereon The Shargcs
and specifications enuincrate the various acts com
planned of. To these charges and specifications
the defendant has twenty days to answer.
FOR TRIAL.
To the inquiry of o HERALD reporter as to what
his action would be in the matter OF the above stated
charges against hiil Mr.. Davenport said it would
not take him twenty days to file an answer to the
charges that it not for the fact that he would
90 to Washington to-day he would have his answer
filed forthwith and would be ready to appear in
court, waiving the other eighteen days, on Monday
morning next. He said he did not want twenty days
to answer such charges and specifications as these
In any event, whether he goes to Washington or not
his answer will be filed in few days, and as soon
as fled he will be ready to answer.