The sun., 1879-01-30
INVESTIGATING DAVENPORT.
SEEKING TO DETERMINE THE CAUSES
or THE ELECTION ARRESTS.


q
The Congressional Committee appointed
to investigate tho charges against John l. Dav-
enport for alleged intimidating and illegally
arrcsting voters on election day continued their
inquiries yesterday. The testimony OF the pre-
vous day was for the purpose of showing that
about 12 900 complaints were issued from Mr.
Davenport's Office at various times, signed bv
Stephen Moshcr. clerk. and that but
few we're based upon specific information
but that they were mainly issued by
taking from the indexes Of the Superior and
Supreme Courts the names Of persons natural
lied in 1868; that tho main theory upon which
most Of these complaints wero issued. espe-
ciay those immedally prior to the recent cleo
tion. was that the records Of the State Courts
were incomplete. and that, therefore. tho GER
tihcatcs Of naturalization issued in 1868 were
irregular; that but u small proportion OF ar
rests were made as compared with the com
plants. and in most cases tho persons
accused were either released imiuedi-
atiy discharged on their own recogni-
zanccs. or hold to bail and never tried and
that many were let go after promise had boon
eXartcd from them that they would not vote.
The first witness Yesterday was Lawyer John
A. Foley, who described the difficulties encoun-
terod oa election day in getting hearing for
Commissioners who were hearing election
cases. One OF his tenants whom he knew to bo
solid voter" for years was arrested. all the
mon arrested in his district were Democrats.
Ono tlnii he saw arrested early in the morn
ing had been "A soldier and was entitled to
vote He WIS a carman. and had forty horses
under his charge. and was allowed to 20 after
being detained several hours Tho men ar
rested were oi all classes. merchants. pectable
mechanics. storekeepcrs. lahorers. and negroes.
AMI were kept closely confined all day without n
mon arrested he knew to be legal voter for
many years prior to 1865. The local Demo-
Sc" 70 y that those entitled to vote were regis
tered. brcau." tho inspectors had refused to
record the nnines OF some legal voters.
Do YOU know anything about ?" Mr..
Davenport asked. handing the witness two tee-
graphic messages.
II never saw them: they never reached my
hands. although they We're sent to ne. IL APP
pears. | should like to know WHO opened them.
II had ever got them they would never have
They are signed by John Kolly," Mr.. Daven-
port trepiied.
grams and put them in evidence here" Mr..
Miugate said
| VII show that they wore found on the
Mr.. Foley was standing" Mr. Davenport said.
never cot them, and they were not in an
said r Foley have eT NO 6SiecioS @ 2 at To- se seync
that ! did send word to Mr. Kclly that large
number Of persons had been arrested, and il
every district" The espatches were read in
evidence. and were both 10 the same effect:
Have haheas corpus issued at once by Jadse nonohue
to test question JoHN kKLLT
Ex-Police Justice Quinn estimated that the
Democratic party lost about 10000 votes by
NJ; Dayenport'S action.
Mr.. DaNeuport produced tho natural zatiO n
papers OF Mr.. OReily in which he made am
dgxyit that ne took out his first papers in ls4s
william Kelly Of 10 Rose street testified that
he was u soldier in the nited States ARMY. and
lort MS arm IN IN" battle OF the Wilderness was
naturnlzed IN 1868. and has vot,d over since
was arrested On trying 10 vote at the last ele'-
ton: WAS Kept in custody an hour. and dis
charged as soon as he got hearing although
JUS c"rtlh .ptc Vt naturalization WAS taken
from him. Mr.. DavcL port produced Mr. Kelly 5
'"rt.u 'ate. wlich proved 10 be a duplicate of a
pauer issucd last Otohrr-a copy II his natu-
rali1atlon IN lSGs. After cros~-cXamining the
witness Tor some tine. and claiming that there
were iwo William hr.yS naiuraized on the
was the witness. Mr.. Davenport admitted that
he hai ma ICE mistnke, and that Mr.. Kelly was
naturally q Oh u" day he claimed.
Albert Pohl Of i5j Broadway testified that he
ma served IA thr army four years, and WIS
nAturh!lIri in l,Gs AMI voted regularly without
any trouble until IN" inst election. He had his
rrtuh ate oi naturalization framed. but a
iorrt: Uut b.for. he allowed the marshal tn -
i he Insisted upon putting his name upon II in
nk. Tho nlnrsnHl promised that the paper
snonll O." returned 20 him. but he has never
Davenport : Office "A number OF times to get his
paper but without success.
66 Mr. %nsae 'GSS S"1 up Mr. P29s nH9Taza
went before the Judge when you got this pa
per-
And YOU told the Judge how long you served
IN the army p
l rs. sill.
lti he swear you about that7'
You WI te your name on the back OF this pa
per 70 show that II belongs TO you ?"
And YOU value it very highly?"
"Then YOU, had better take i md put 1t in
the paper 10 Mr.. Pohl who instantly put out his
mana ana took mold of IT, Al that instant MIR
Davenport jumped up and excaimod: 10
YOU don't and made grab for the paper so
@ srrngse wns n bref bawever bnSa 2t 'I onfe% Ths
IN ms possession aud dehantly held 1t be-
Give me that PAPER" Mr. Davenport de-
No. Judge Davenport" Mr.. Pohl replied ex-
'ltnlly, that IL ny paper you must recollcct
t. n my "!lizenship Is Just as much To me as
But will have that paper" Mr.. Davenport
No YOU won't" Mr.. Pohl replied. and then
Mr. Davenport appealed To- tho Committee on
me Ground th4t the paper was in evidence be-
lore th IN. Mr. Frye took the SHmH view toy say
lng It WAS an lmpcrtinenco toward the Commit
zee Lon tl" lnwy"r 10 give II TO the witness Mr.
fnrNrv SAID he thought the paper WAS not In
Certaiuly not" Mr.. wngate said. Il do
not 50 understand IT, This paper belongs TO
this discharged soldier. 1t was taken from MIN
torchly. without authority of law. 1t II not i'm
the custodyot any Court. and 1t seems To me-
mat hr, Pom has righl 10 II, Perhaps | was
too much excited when | handed 1t back 10 him.
nut ~ me CpmlnIu"e think II right 10 b" re-
turned ! VIII ask Mr. Pohl 10 return 1t. But
do not thlnk II came properly into Mr.. DaVen-
port possession. II Mr. Pohl had surrendered
IL would not make any objection, but 1t was
taken hy force 10y a subordinate"
40" wish to speak few words, " Mr.. Pohl said.
SUN holdlng tightly on his certificate. am