The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-10-16
ARRESTS RICHARD Van Colt.
A DEPUTY ATTORNEY-GENERAL
MAKES COLONIZING CHARGE.
Chief Cashier or the Post once Arrested
Also. and Post Once Clerk One Of the
Witnesses In the Case --Tales Of Fioaters
I'm tho Fifth Assembly District.

Also, and q Post Once Clerk One Of tho
Witnesses in the Case Tales Of Fioaters
in the Firth Assembly District.
Richard Van Colt. recently named Re-
publican deputy leader Of the Fifth As
sembly district, where he Is the nominee
for Assemblyman, and where his father,
Postmaster Cornelius Van Colt, is the
district leader and Bankson MoAvoy,
chief cashier of the New York Post Office.
were arrested yesterday through the ac-
tivity OF Deputy Attorney General Collins
and arraigned before Justice Wyatt Of the
Court Of Special Sessions, at his home. 20
East Thirtieth street, on felony charge OF
illegally colonizing voters In the Fifth
district. They were Immediately released
on bail. AS Mr.. Van Colt left Justice
Wyatt's house he said:
Il am innocent Of this charge. know
nothing Of the circumstances under which
this warrant has been issued"
The warrants were issued earlier In the
day after hearing before Justice Wyatt.
Five men, now under arrest. furnished the
evidence. In sworn statements they said
they had been hired by both Van Colt
and McAvoy to plant foaters In board
ing houses in Mr.. Van Colts district.
Fully 200 Of these foaters. they said.
had been brought here from out OF
town. Shortly after the issue Of the war
rants Mr. Van Colt and Mr.. McAvoy, &C
companied by their attorney, surrendered
themselves at Justice Wyatt's residence.
The hearing was adjourned until next
Wednesday at o'clock and bonds were
fixed at s., OC0 each. Fred Haldy OF the
Third district furnished bail for Van Colt
and Edward New Of the Fifth district went
on McAvoys bond.
Deputy Attorney General Collins, who
has been assigned to Supt. Morgan,
produced before Justice Wyatt in the
morning Ave OF seven witnesses who had
been detained at the House of Detention,
n number Of Mr.. Morgan's deputies and
several boarding house keepers. The
names Of the Ave witnesses were given Gs
Raphael Jones, Benjamin Levy, Cornelius
Havern, James Kerwin and Edward Griffin.
The most important testimony which
Justice Wyatt heard was given in the form
Of a confession by Levy, who said he was
the goblet v>cn for Van Colt and McAvoy
All the tes ,lnony was given behind closed
doors. In his statement Levy said:
Il had talk one day with Mr.. Van Colt
and he told me that he had fifteen vacant
rooms in his district which had to be filled.
Each room he declared would hold two
or three men, but in pinch ten could be
crowded in.
Il agreed to get him seventy-five men to
fill the rooms and Van Colt then offered
me money to be used In obtaining them
I told him did not want 70 handle the
money myself and Raphael Jones was
finally selected as the man to act as cashier.
Jones and l worked in concert after this
and always went around together. Jones
spent at least $50 Of Van Colts money
1t is understood that Levy is not the
real name of this witness.
Raphael Jones of 10 Greenwich street, a
clerk in the Office Of the superintendent
of mails, testified that he met Levy and
Richard Van Colt on Oct. @, at the Lincoln
Club, and made arrangements with Levy
to meet some men In a nearby park. Jones
said he acted as messenger boy for Nc
Avoy and Van Colt and handled the funds.
James Kerwin Of Milligan place said he
had lived at that address only since Sept.
30. He met Levy, he said, In the Mills
Hotel and the following conversation took
place
Are you stopping here?' asked Levy.
Sure" replied Kerwin.
well. how would you like to have your
room rent paid for six weeks7"
Nothing could be finer, Kerwin answered
and Levy came back that night with three
other men. We then went to a saloon at
the corner of Fourteenth street and Ninth
avenue, where we met McAvoy, who gave
us some money" Kerwin testified. Edward
Griffin, also OF the Mills Hotel, gave similar
testimony.
All five witnesses are said to have given
the same testimony last Wednesday, and
it was upon the information thus obtained
that the arrests of McAvoy and Van Colt
were arranged.
The boarding house keepers who were
on hand yesterday to supplement the tes-
timony given by the five other witnesses,
were not eworn.
Justice Wyatt gave the warrants to
Detective Sers eants Dey and Coyle OF the
Central Office and W. f, Besant Of the
Attorney Generals office. T. j. McManus
OF the firm OF BlacG Olcott, Gruber d
Bonynge, counsel for Van Colt and McAvoy
was notified that the warrants were out
and surrendered his clients to Justice Wyatt
Superintendent Of Elections Morgan said
that his attention to the case was first
called about week ago BY Deputy State
Attorney General Collins. In order that
there should be no cry Of partisanship
arising through any action he might take,
Mr.. Morgan declared, he applied TO Police
Commissioner McAdoo for two detectives
to run down the case and Central Office
Detectives McCafferty and Carey were
sent out. Mr.. Morgan issued subpBnas
calling for witnesses who knew any
thing about the colonization charge and
on Wednesday night the detectives brought
TO his Office the men upon whom the affl-
davits were later issued.
The witnesses were sworn by Mr.. Morgan
and then told their stories, which were taken
down by a stenographer. On Thursday
the case was brought before Justice Wyatt
in the form of John Doe proceedings and
the witnesses were then sent to the House
of Detention.
Mr.. Morgan said that so far as he knew,
none Of the alleged colonizers In Van Cots
district have attempted to register.
Even II they have said Mr.. Morgan,
we've been challenging pretty freely up
there and guess they didn't get in.
The charge against Van Colt and McAvoy,
Mr.. Morgan said, is that they violated