The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-30
DAVENPOR7'S DOINGS.
How Citizens Were Arrested and I'm
priSoned on Election Day.
THE POST OFFICE GAGE"



of Elections. resumed their work in the Post Office
building.
John A. Foley was the frst witness called. He
stated that election day he spent most of the time
in the federal building. messenger came to his
house early upon that morning and left word that
had been arrested. and he was requested
to assist him counsel. He went to the
designated place and found man in charge of
deputy marshal. He Immediately fastened to repub-
lican headquarters, and while there despatch was
brought by special deputy marshal purporting
to be signed by Supervisor of Elections Davenport
Mr. Davenport asked tor the contents of that tele-
gram. Directing to testimony being taken in regard
to the action of deputy marshals.
QUESTION OF vERAc1rY.
ssColonel Wingate knows" said Mr.. Davenport,
sand everybody knows that have nothing what
ever to do with the appointment Of deputy
marshals.'
Colonel wingate-Nrr Davenport knows, every
body knows. that he dictates the appointment of
every one Of these deputy marshals.
Mr.. Davenport-That remark is untrue in concep-
ton and construction. 1 dictated tho ap-
pontment of single deputy marshal.
Chairman Lynde put stop to threatened war
of words instructed the witness to state. if he
could. the contents of the telegram in question.
IN THE "cAGE."
lIr. Foley replied that in substance it wasthat all
persons arrested should be brought before Commits
sioner Davenport. In reply to further questions by
Colonel wingate witness narrated the state Of affairs as
he found them at the fedeml building upon his arrival
there Many arrests had been made, examinations
were going on before Commissioner Davenport, and
there were twenty or thirty persons confined in
''cage" on of the upper floors of the building.
When he returned to the building between nine and
ten O'Clock the court room was crowded and every
Tha r1a
arrests made. witness said democrats. There
was not single republican from the Fourteenth dis
trict, though he recognized twenty thirty demo-
Gratis who had been taken from there. The under
arrest were not allowed to go out Of the room and
had opportunity to get any food
Mr. Davenport handed witness the natu ralization
papers of Simon Callen, referred to in the direct
animation as duplicates. Witness said they
evidently the originals.
Mr.. Davenport-And you say he voted before 1868.
Isn't it little strange that the should vote be.
fore he naturalized A.. Not at all; kno
many who did.
To Colonel wingate-Knew that these arrests had
deferred great many from voting. Witness
then asked by Mr.. Davenport il he had received
sent any teiegraphic dispatches on election day.
Witness replied he had received none.
DISPATCHES FROM JOHN KELLY.
Mr.. Davenport--These are addressed to you, are
they not Qiandng two dispatches to witness) A.
got into your hands.
Mr. Davenport-I will prove to the committee that
these dispatches found open the table in my
room and at the place where you (witncss) sat.
Colonel Wingate--You discovered them something
after the Butler found the cipher dispatches
Mr. Davenport-Butler is able to take care OF him.
self and so am l.
The dispatches. which were put in evidence were
as follows:-
Jous A. FOLEY, Commissioner Davenports room. General
Get habeas corpus before Judge Donchre and test
the question JOHN NELLY
Jons ToLny, Commissioner Davenpor's room, General
Have hnbeas issued by Judge DOnchye 81 once
and test question j. KELLY.
ExJupaE QUINN THE STAND
Ex-Judge Denis Quinn, the next Witness testified
that he was before Commissioner Davenport much Of
that morning had some difficulty in getting into the
room there seemed to be great deal of unnecessary
delay in dealing with the cases; there Appeared 10 pc
Commissioner little harsh in dealing with the
prisoners.
TO Commissioner Davenport--A discussion
at meeting of the Tammany Hall Committee on Or
ganization in regard to the matter, in which many
prominent men took part; the result was q resolu-
ton appointing committee, consisting of Luke i.
Cozans II. ID. Purroy and witness, to wait on Com
missioner Davenport; there was some discussion
port and examining each case as 1t came up, Dut no
dfnite arrangement was come to; the impression
lett on witness mind that Commissioner Daven-
port intexibc in his course he considered many
OF the questions put by Commissioners Davenport to
and his whole conduct arbitrary.
TO Colonel wingate-Believed that from the fear
OF arrest by United States marshals on the part of
citizens Vie democratic party last year lost from
scvcn.thousand to ten thousand votes.
TO Chairman Lynde--Did not know OF any persons
being arrested for false registration who did not pre-
sent themselves at the polls; nearly all that were ar
rested were democrats.
ARRESTED AND DISCHARGED.
Michael Lawess testified that he had lived In this
country about thirty years, and had taken ont nat
urazaton papers in 1906 he was told on the morn
of day "A w for
Mr. Davenport admitted that the certificate was
correct, and that the witness had been arrested
complaint charging him with having certificate
issued in 1865. and that he was discharged.
IMPRISONED ALL DAY.
General Martin +. Mcmahon. formerly chief OF
stan vt the sixth Army corps. who appeared cleo
ton day before Commissioner Davenport on behalf
of two voters of the seventh Assembly district said
be bad great difficulty in gaining entrance to the
the prisoners person against whom COM
plant had been made and who was not discharged
until after long Imprisonment. The two men for
whom he appeared arrested about eight o'clock
A. NJ and were not released until about eight o'clock
L. NJ The arrests deferred many persons from
voting. All the could have been disposed Of
much more rapidly than they were.
Albert Kohl the next witness, said he went to the
war as soldier in the Forty second tDeKsb) regi-
nent: afterward served in the Seventh artillery to
the end of the took out his papers In 1858; went
before judge III some OF the courts told how long
back of that paper lin Colonel Wingatcs hands,
arrested on election day and discharged after night
TALL
At the close OF witness testimony Colonel VIM
gate, who had in his hand the naturalization paper
of the witness, said to him:-"I suppose you value
this paper very highlyY
Wiiness--I do, sir.
Colonel Wingate-Thcn there II ISL keep II.
THE BILL
Mr.. Kohl leaned over and barely succeeded in get
ling hold OF the papers. when Davenport spranR
from his seat and made clutch at the document.
"No you don't!' boldly exclaimed the witness.
you will sec II dont! retorted Davenport stIng.
CLING to regain the paper. The attempt was bailed
by the old veteran.
Mr.. Davenport-You will sec IL don't get 1t.
Voices throughout tho room-"Don't you give
1t up to him. stick to IL"
Mr.. Kohl-You must recollect, Mr. Davenport that
my rights ~ citizen worth much TO me as
yours arc to you.
MIR. Davenport (appcaling to the commttee)--That
paper IL q record OF this Office
MIR. Frye.-Counscl had no business authority
TO give up the paper to the witness; 10 was IN n-
-pertincnce to the committee sitting here holding
this investigation.
Colonel Wingate-That paper was pot in tho GUS
tnlx of the l.,LiiLiiie.. tna