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

on the ground that there was no criminal intent
on thor part.
O. .Commissioner Davenport sat in the United
nt1tes Court. which was crowded to its utmost
vhphclty NO person arrested who appeared in
u was allowed to leave under any pretGnce until
MS case had heen hoard. In consequence many
we're confined there for hours without food or
drink. MIR. Se0or intcrceded on behalf of one
man who had been kept there four hours. hut
Davenport replied he could not help II that he
had too much to DO to attend to them. a remark
which elected cries OF Shame" from the au-
dienco So strictly was the rule enforced that
persons who had accompanied friends arrested
Into tho room wore unable to get out and IL was
with great dinlulty that their cases could be
brought to Davenport's attention.,
directed him to be locked up.
Persons arrested werc put In the iron cage or
pen erected on the upper 1oor OF the Post ONCE
building for tho detention Of the criminals
tried in the United States courts. This at all
times during The day contained some thirty
bolsterous prisoners IA well rs the respectable
voters. AT times i was crowded beyond its ut
most capacity. md was so filthy that one pris-
onor. nm old soldier swore he would rather 20
nll through tho war again than stay there three
hours, From time to time the prisoners were
missloners or to Ludlow street Jail.
United Stntcs Commissioners Lyman and 0s-
born were In thr same building. but Mr.
Davenport declined to send any cases to them
Comm ssionor Osborn. being u Democrat II il
not difficult to conjecture why his services were
nommi 70, H,ized. is generSy undepstood iho;
Davenport's proceedings. IL these two Com
missioners had been allowed to act. the time
would have been reduced two-thirds.
Commissioner Davenport during tho day had
before him an index OF the naturalization rec
ords OF the supreme and Superior Courts to
which he referred as the cases came before him
and upon which ho examine the parties. thus
ments agreed with this record. and showed
them not to be- guilty Of any actual fraud. and
they had voted they were reenspd on their own
| voted
required to promise they would not before they
were released. II they refused this promise.
Among those thus locked up were a number
OF veteran soldiers and one was policeman in
full uniform. The condition of the pen being
knOwn. with rare exceptions the prisoners all
gave the pledge required and were Released.
The hrst man who broke his promise. not to
vote was again arrested and brought before
Davenport. He held him in $4,000 bail. the
usual bail previously exacted having been
$1,000. Although security was offered in the
person Of John Foley. prominent business
man who justified as the owner OF unencum-
bered real estate worth double the. amount.
Coinmlssloner Davenport announced that he
would take twenty-four hours to pass on his
sunciency. and locked the man up in the mean
time. On his examination. Davenport refused
70 answer tho question whether no had an
honest doubt ns To Mr.. Foley's responsibility
or thetrulh OF his statements. or that he did not
sehu Mheian To Jail for the purpose OF punish
ing him.
The number brought before these Commits.
sioners is admitted 10 be $3.50 OF all these only
four or five were committed. In none Of the
cases has there been anything done
No pretence was ever made by Commissioner
Davenport that his object was not To prevent
1865 men from voting On tho contrary he tes-
titled rs follows:
Q What was your intention In issuing the wArrants'
NY intention was to cnuse the arrest the pnry and
prevent his voting upon certificate issued In lss from
either Of those courts
Mr.. Davenport further testified:
do not think there any misunderstanding In
ihe city that any one registered attempted vote ON
~" papers he would le arrested II could get NJ him
That wa. iss- papers ron the Supreme and sune.
ttur CUurtsf AYrs -ir with the exception Of Oct y
u i claimed and presume IL IA that people who held
lNN papers from thtse courts were inundated, |
ohy say ai dd not intend that persons held those
certificates should vote. and that in 50 TAR as that is in
uaidauOn. plead guiity 10 the charge. | acceptiL