New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-10-05
BAYARD'S GREAT Ca UTION.
HEsITATING TO PROTECT A CITIZEN.
w. A. DAVIS UNJUsTLY LOCKED UP IN IRELAND
VAIN APPEAL TO LIE sECRETAKY OF STATE.

VAIN APPEAL TO THE SECRETARY OF STATE.
William A. Davis, printer in this city, was
born in Philadelphia in 1910. and is citizen OF tue
United States. According to Edward Ge6hard we'll
known lawyer OF this city, who mas made himself famii-
iar with Mr. Dayss history he is an industrious man
OF good habits and truthful He served soldier In
the 9th Regiment of the National Guard OF this state
hOnOraby discharged aud at present Is member Id
good standing Of Robert Anderson Post No. 81 OF the
Grand Army of the Republic. He isnow employed as
printer with W. A. Leonard of this city.
Mr. Davis was a citizen OF the United States when III
the summer of 1892 he took it into his head to take
foreign trr paying his way conn osltor he went
While he was at lodglng-hOuse In Bainasloe, Galway
County, Ireland in July, 1882, he was arrested lie
declares By officers o the Irish constabuary ana was
taken police barracks where he was subjected 10
an examination before magistrate and his baggage was
searched he was then confined In cell for the night
The next morning he again arralsned before the
same magistrate subjected further examination AMI
was then sent to the common Jail as q suspect
There lie confined for twelve days, and was SUD
ected to tho treatment awarded common feons." Dur
ing this confinement Mr. DAVIS declares, he was three
times walked through the public streets from the jail 10
the Office OF the magistrate handcuted To otner pris
oncrs" After twelve days he discharged.
lie says that he duly Informed the United States Minis
in London OF his arrest but with the exception OF
a letter received from the Charge dAhars al interim
". ]. oprn" had heard nothing further from his COM
plant To January ~ 1851 utpOsbs III
to the Secretary of state that during his soourn In Ire
land he engaged in MS trade aud /" in no manner
connected with In sympathy with consphators
against the peace or Government of Great Britain.
When Mr. Davis returned to this country he told the
story OF his Imprisonment To Mr.. GeDhard ana paceu
the case in his hands Mr. Gcbharf prepared petition
setting forth the actsas already given and on January
o. 1888 forwarded the document TO the Department
Of State at Washington asking for such indemnity for
ourages tho petitioner has been subjected to as the
facts therein forth demand" The petition stated
that Mr. Davis hal served soldier in the sth Regl
mcnt and had been honorably discharged Mr. Gebhard
thought that the amount OF damages should not be less
than $50 O0O On January 10, Mr.. Gebt ara received
the foIlow wing letter:
DEPARTMENT OF STATE WAsnINGToN, Jan. Is. lSol
EDWARD GERHARD, esq, heu. York. ..,.. Al,
claim OF Mr. william A. Davis against the british Gov
ernment for damages account OF his arrest ana I'M
been received will careful consideration am,
' '' FREDERICK I. FRELNGHUYsgN.
Mr. Gebhard said yesterday: Soon after this having
business which called Washington. had formal
Interview with Mr. Frelughuysen and 1t was most pleas
ant and satisfactory lie agreed with me that was
case demanding Investigation from the Government and
with tEa Wow that had Engshnan received III THIS
country treatment like that OF Mr.. Dayss we never
should have heard the end Of It, The Secretary said
that he would report the matter 10 Mr Lowell ana dd
So A. for the question Of damages, hold that there
was no way OF adjusting the case except purely
pccuniary one for Englishman could not be imprs-
oued "A a set-oh At tho time Of my last letter to Mr.
Frenehuy SEN in June, 1884 the was still under
consideration Before the American Minister at the
Court OF st. James had fully reported tho Arthur Ad
mui.traton mad cxr ired March last received the
following letter:
D.rAEruEsr or STATE wAsHINGToN. March .. 1855.
Eiv ApI GIBiIARD esq. No. 26 BrOtd ST., Ae,r York.
sin: Wlt reference to yOnr letter tins department
wtam A. Davis against Great Britain, and with refer
cnce the previous correspondence on me saDee
dcWartnrnt. Mr. Lowell, the American Minister at
pnion states while the inquiries he has made into
the snb,cct do not contradict the statement ine Ny MI
Davis. they fail TO corro5oratel H. ,,.,,. A.. .,
Under these circumstances. ii Il desirable that snch
,cstwony "a Mr. DIvis may possess 10 corrObOrate his
allegations should he Med IN the department In the form
OF alidavlls. Wien mi. shall lave Deeh d0He nc '"G
matter will promptly receive turtheF gohs'"vrnio,
am. sir. your ohcdicnt scr ant l. T. hAiAh"'
Nr. Gehhard made reply the day when the letter
from Mr. Bayard was received thansing him for bis
prompt action and adding:
Had the act tof imprisonment been accompanied by
such u.ua facts rs detention and examination,
should never have bothered your departing win
the His petition under odth SLOWS l.l' ne tno
weeks In which he under arrest were MADE Oy inc
oflccr uuaer whom he was In charge the opportunity
tor most unusual and brutal extremes . -,
/ believed and so argued To Mr.. Frelinghuysen that
these unnecessary aud excessive acts were tie ir STU
iect for Governmental inquiry heeNed IN giving then
the sanction Of oath OF citizen OF goOi standing tDat
had done all that was necessary {" put our uoVerugn'
In motion. II are now required To produoe cnnua-
tive evidence when Mr. Lowell admits that his Inquiries
a, let
precedent that vii hardly operate benencny Tor sucG
OF our rnhens Who may claim to be the subjects oI
foreign aggression
on August 81 last, Mr.. Gehhard in answer to further
injuries received the folio wing letter:
DEPARTMENT or STATE, HAsHINGToN. sept; o. lss5.
EDWARD GEBnNRp. esq, 20 Broddst Veg, lolE ..
Sit: have received your letter OF tue 3lst OF August
last which uakes inquiry concerning tle ease Oi "liiam
Davis, who arrested aud detained While travelling
"a, Irrlln,i, during the summer OF IS@Z.
" unI fn crnmnatlpn OF the OF the case, con
cluo that trc pnncles upon Mnicn tn9 GOseIIo @ n
HufU
admit OF diplomatic intervention III behalf OF Mr. DAVIS
i'm h. present state Of his complaint. wlth view 10
nhtnulng a Iecunipry rcparaton Under the laws OF
Great Britain remedy exists for those VINO nave Deeh
sS"ctc to unlawful arrest; and citizens OF the United
StSfs n. well ~ subjects Of Great Britain are entitled
without distinction Ia avail themselves oi mat lchey
IN the regular ordinary OF jusIcc The same rule
lsts I Is enforced ia the United states with reference
to the subjects of Great Brltaln ,sr,,os % r,.r.
fcr I'm hrhaf of OF citizens, whose redress may
ordinarily be had In the courts OF hc country ~ VINCE
he claims to have been NrOngcd Is that OF denial 10
him y these courts OF the usual means OF redress for
thc trc,ci therefore, Mr. Davis VINO has never reSored
TO the Of Great Britain must ne renit'e, SO ,s
as recovery or pecupiary ihicniincauoh from tne
authors of tho trcsP'eS Is concclnHi 10 Tue nsi reh
lie. Ia which rcrsOrs In LIS StIatlon are ny the laws OF
Grant Erain entitled.
IT, however hc loes not see Mt TO press his claims rot
Britain. AGAINST tho parties VINO may nave pceh Su..S
ucspAssnc ON bis rShts II may De Propep 10
tue question nj asking that Government tor an exlan
ton, and warranted an expression Of TGsrSt an
sir, your ohcdicnt servant, l. f. bAlN'p'
And now" said Mr. Gcbhard, am given to under
.topd that the Government OF tho United states by
treaty stipulation has renowned its protcctoato over
American citizens and RELOCATED their rights to the
tribunal which supposed to have been supcrcededDy by
the treaty negotiated at the close of the Revolutionary
War II 1t is that all rcparation for damages to
pson and property has been led by our Government
10 the Cour. oi Queens Bench think great oversight
has hccn made III ncgoatug to provide for at least ono
torn annually that court M this continent II seems
n me that this conclusion OF the Department OF state Is
OH n footing with tho blundcrng management OF the
Roach matter by ,crctay OF the Navy aid with the
attitude OF tue Attorney General in tho telephone
Business"
ARR4IGyING ALLEGED GANBLERS nv COURT
Il Snf ,inv ,irb