The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-04-16

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SoGd 30, 's s PSRS,S @ ct @rcgsr ciS Or for What
man in the election district named on about the day
named he knowing that II had been unawfy issued or
To those who are not iawyers Il should be ex.
pained that II a magistrate issues a warrant
upon complaint which sets out sufficient facts
70 constitute probable cause" for him to be-
punished by the accused even although It
should bo decided that tho complaint is do
aeSI.ye, S6o Bnt Where as In the cgses Of these
shown the magistrate has no jurisdiction and
Is legally responsible for false imprieonment
records in these cases, and based his action
upon the general proposition that all the natu-
ralizaiions Of 1868 were void for want OF
lie swore to those $500 complaints before
Sommlssioner Davenport in patches, half on tho
sunday ana me remainder on the Monday pre-
ceiihg tho uioction.
The rule is that warrants In criminal cases
cnn only DC issued by United States Commis-
tOrney.
,, Gov Stewart L. woodioyd, tho United States
District Attorney. testified thai the statements
o. the 300 men arrested in tho summon showed
that the mnse OF them whose naturalizations
were imperfect were ignorant men. who did not
intend to violate the law, and who appeared to
have been imposed upon. That ho had never pro-
ceeded against man Tor holding an 1868 certin-
cate when after examination itappeared he had
been misled. nnd did not intend to do wrong.
District Attorney woodford further states that
at this time he had never examined the point in
claimed these natural izations were illegal. He
says that rbout Nov. 1. Davenport informed him
against whom complaints had been made in
june had not presented themselves for exami-
nation He replied that IT was impossible for
nun between then and election day To examine
the remaining cases: that he had full conf
denee in his tDavenportsl impartiality. and in
he thought he should receive the complaint he
authorized him to issue the warrant.
NOnotice was ever given to the District At
the 5000 complaints by Moshcr. on Nov. and
I, and Gen. Moodford tcstfles that ho never
knew of il until the day after the election.
The District Attorney was asked Would
you have received complaints against every
man registered upon certificate issued in 1868.
for his arrest which should take effect on the
morning OF election ?" After some domur he
answered that he would not.
To further questions he stated that he should
have tried to find out II the holders OF these
certlll,9tes had guilty intent or were innocent
Davenport had done So"
Mr.. Woodiord's testimony shows plainly that
he shut his eyes and lodged the responsibility.
Under cover Of the authority thus obtained
from the District Attorney. Commissioning
Davenport. on tho sunday and Monday prcced
ing the election. issued 5000 warrants Tor the
arrest ot every man registered as having a
certificate Of naturalization issued in 1868 from
either the Supreme or Superior Courts,
II VIII be observed that the District Attorneys
testmony shows that IN the cases Of the 800
majority were shown 10 have acted In good
faith. Their belief that their naturaliZntions
were legal wins strengthened by Judge Freed
mans decision on Oct. Is. stating the vulidity OF
those 1868 certificates.
10 constituiea crime i was not only necessary
10 show that their certificate was illeRnl but
that they knew IL. On this point Judge Blatch-
ford said In the Coleman case:
s h 10 .sfr' m sRSsss s91@d on Witch Coleman
cc IN the record the superior Court make the
made he wa. Dot guilty OF an crencc under .ecIioS
p ~ nnes. when he used the ceruneate he knew that
II was uhaw uY issued made A. u that he
lully COMPLIED with all The conditions imposed on him
ness 4 any. was in the want q form in the records II
The court and as he received at tho time from the
been complied with and that the had that
& Sy y he be '. Gs S'i no a'sSa sSai
would permit Jury to convict him Of u.ns such esrnn
mi. ths moment the facts were brought to ihS
pas it announced mat Coleman Would be diseHsrsed
on this ground alone.
Even Davenport testified Nc follows:
6s s. %s.er Of ,ss ss pS9y 9 hs;s men nay
had been resuary granied 70 hem and that they had
Whatever sir thst great many Of these men believed
msnnsT HaSdfeis and viii ssy t6oasahd. OF esa
persons 30 believed.
Davenport claimed that tho holders Of 1868
papers had been informed that they we're ille-
gal by the frequent publications in tho news
papers prior to 1878. and in 1879 by their being
challenged challenge, u and the 70 notices from the District
thing In these notices charging that all the nat
uralizations which had been issued in 1868 were
complied with the law and the paper WAS regu-
lar upon its face2" To which he was obliged
to answer that there was not.
Odd Il strike you In view OF Judge Frcedman's
decision aud the Aeuon OF the lawyers OF fammSny Hal
an ss,erins ths lesay Of NE eeruneates OF 1855 that
that they were legally entitled 10 rrgserf Alt struck
ioSr them tie Claims o the United States on .e one se
and VI TAmmAny Hall on the other
From this 1t would appear that Commissioner
Davenport considers himself to 10 the United
States.
oIn view OF the fact that the notices Of the District
Attorney dii not refer in any way 70 Judge freedmAns
Gates Of naturalization made In isss void would
Jar As he Knew have honestly Believed he wa. PROTECTED
by Judge freedman's decsiont i cannot tell what
Law would have considered.
1,ow could SnS 'od1Sr be ses,ed shp had been
many cases OF soldiers who thought they had complied
o-Iiow were those men 70 be charged with guilty
intent IN REGISTERING A-Itwa' their duty and business
SAdmi.ans that they are supposed TO know the law,
with crime A-No ~.
In this no. sir. thus dragged out OF him.
Davenport admitted the illcgality OF his entire
warrants were issued Commissioner Davenport
not only had no proof before him that these
men bad had guilty intent u registering upon
them had registered upon them In good faith.
The warrants mus issued were kept back by
Comm ssloner Davenport until the night before
election when they wrra sent arounu - the va
rious districts, their delivery commencing nj q
i. NJ. and lasting until 8 A. M. on election day
The usuAl way OF issuing warrants is TO give
them 10 tho United States Marshal at his main
oifice. and this course had been taken with
those issued during tho summer In the cnse
VI those issued on election dav, they were all
given to Dayenport's aids in the different As
sembly districts tthc marshal being ignored
They generally delivered them To the Republi-
can supervisor. who stood behind the ballot
box in each POLL When party came in To vote
IN tho supervisor desired to have him arrested
he would produce the warrant and give II to
one OF the marshals. who would take tho man
nway. II hB did not. he would say nothing on
the subject, or, II asked. would say ho did not
have the warrant,
This. 1t will be seen, gave the supervisor the |
power - ..srest anybody or not, ns he saw tit
From tho tact that OF ;he $500 persons who |
240 voted. and Il Is cini@ed only |
$50 were arrested. II would seem that n
arge discretion was used in the matter. With |
he exception OF two or three districts the per |
sons arrested were invariably taken to the Ra- |
publican headquarters of the district. which |
we're used as tho headquarters OF Mr. Davrn- |
ports aids" who had charge OF the marshnls |
md supervlsOrs In that district. In many in |
Nhncs the Republican managers and marshall
Who were there assumed the right to rreilse
many OF them without LEGAL authority, one mar
hal admitting that no had releasrd twenty
lany instances were shown whore persona who
wns known would vote either She cumbinn-
iOnh Anti -nAmmHnv ti0kpt u,rra ral,uaaJ