New-York tribune., 1879-01-30
MIR. DIVENPORTS ARRESTS.
SECOND DAY OF THE INVESTIGATION.

SECOND DAY OF THE INVESTIGATION.
A LIVELY SCENE OVER THE RETURN or AN ELEC-
TIoN OBSERVATION-DISCLOSURES or THE oPP0s-
ING COUNSEL
The hearing before the Davenport Commit
teeopened yesterday with sharp controversy between
General Wlngate and Commissioner Davenport DURING
the examination Of the Grst witness, john A. FOey
lawyer who had testified thar the morning OF cleo
tion day he had been summoned by dispatch from
ranmauy Hail to defend voters arrested IN ms Assembly
district the witness referred to the acon of specal
deputy marshal. Mr.. Davenport objected tba the mar
shals had not appointed by him. ana therefore, De
was hot responsible Tor their acts.
"Wbateycr may have been tac method Of appoint
pent" Ietorted alr. WmRatc tc narshais were your
Ct features, AMI under your thumb. Their appointment
was dictated BY YOU"
Mr. Davenport spraIg to his feet ami replied hoty ;
L" That false. and knows II better uiin }"''
General wngatc. I never appointed nor diciat'i the
appointment OF special maj sals al The 'Itcllh o l''o'
or ut any other"
The W tno-s was examined at length relative TO the
condition Of the Fcdcfa Courts election day. aud the
course OF prOccurc followed by Commissioners Dayen-
port and shields in the brought before them lie
knew nothing OF the papers of Simon Cucn whom ne
defended beyond what had been told b. him. He hld
known lin for many years, aud was sure that he ha
voted previous to 1865. Two dispatches were han1"u
TO the witness for Identification. These dspatcheS.
he said, pGrt to he addressed to me, but certainly
never received them"
By whom are they signcd'" asked Mr. Davenport
By John Kelly, but never before them. If |
had received them they would not now be III your
t. oreciions raised against the admission Of the dis
patches Mr. Davenport replied that II would he proved
upon The table at which the witEess ma beon stlug
"Ah, precisely, suppose as the clpher di:patcnca
were founI General Buffers table" said Mr. WIN
General Butler appears able to take care of HIMSELF
The dispatches nearly alike, were addressed TO
Joan a. obey. Commissioner Davenport omGe, Cen
eral Post Office" and were dated 9lO ana DO a. ~
November .. 1873 They directed that wrts OF nabeaS
cpruus oe taken out ..,, ,., ,,,o,, ,t
nity speaking with foreign accent "PersOnay, he
said II was treated by Mr. Davenpor, with the honor
30 which was entl led, although heoccasonay waived
me off with bland smIe. His manncr to prisoners was
very hprsh" The witness was eXamn'd at great
length in regard u the committee, OF when H. was Il
mber appointed to confer WIth commissioner Da'eI-
port. ~ .-... ,,,. =, ,ho
h1d served during tHe four years, was called
He gave his evidence III an earnest manner ana "itl
Issued in 1868. upon his discharges from the army,
had neeu taken aim by force by the supervisor at
the place Oi registration On the Gay OF election IL;
VISITED Commissioner DaycnpOrts olicc. where he hat
been told Els certificate had teen tahen but ehois
Genera Wingate who held the certificate IN his hand,
then inquired This il yofr maine Oh the back OF ths
Yes sr wrote 1t there before it was taken from
me by the snpryior IN or;e hat mlSht ne sure oi It,
You value This very highly | pres'Ime =
well. Keep it them" sad General wingatc, quickly
!
Al these words Commissioner Davenport sprdns for
ward 10 seize the paper.
NO you don't" said the witness who had snatched
the paper and held 1t firmly ,
Mr Davenport, addressing the committee, said
That paper Is part Of the records OF my Office
but Reprrsentitiye Frye, OF thu committee, DaVnS
risen to his leet, broke in with, That paper is undef
the custody o. this committee and the manner IN winch
II s ueen returned 10 tue witness s an impertinence
to tne Court"
General Wngae replied: " II taken from HIM by
superysOr NOT ny officer Of the Court. II the com
NIT that the paper WAS IN It's care VIII ask
| ltS return" g,
lust ns General Wingate. turning to the witness asked
for The Of the certificate spectator exclaimed
In a loud Gear voice. "K"ep il; IL Il Your paper and
they right to take 1t from YOU Let them arrest
you
Representative FRYE sxrang instantly 10 MA teet ana
sad: This interference ~ IN contempt OF the Court
ana counsel and the audience may be excluded irOm
tho room. There legal Tor the witness tO re-
cover the paper II he chooses to follow IT,"
"A poor laDOFng man Ike that" ret0rted the ny
stauder who had spoken first, mas neither time nor
money a suit against the Government lie paper Is
his and YOU have no business with it."
The certificate surrendered afterward 10 the
chairman of the committee. who announced that the
committee would determine what action should De
After the exam nation OF Michael DOolcy, who
had Eept under arrest from 1880 H. 10 nearl
u. N. the hearing adjourned until to-day.