NEW YORK. 



649 



are true or not, I would say that those reports are cor- 

 rect ; that they have been arraigned, pleaded not 

 guilty, and have given bail. They will be tried as 

 soon as I can properly prepare their cases for trial. 

 " Very respectfullv. yours. 



U "D. CADY HERRICK, District Attorney." 

 The courts having taken cognizance of the offenses 

 charge! to have been committed, and which are the 

 same that the committee was required to investigate, 

 the committee is of the opinion that, without further 

 instructions from the Assembly, it would be improper 

 and unwise for them to prejudice the cases by render- 

 ing or submitting to the Assembly a decision upon 

 the evidence that has been taken therein, and there- 

 fore they submit with this report the evidence and 

 proceedings taken on such investigation for the con- 

 sideration of the Assembly. From the nature of the 

 resolution it may be well doubted if it were expected 

 or intended that the committee should go further 

 than to report the evidence and proceedings. It is 

 not probable that at the time of the adoption of the 

 resolution it was contemplated that immediate action 

 would be taken by the courts in respect to the matters 

 intrusted to the committee for investigation. The 

 committee deem it proper to express the opinion that 

 in view of the agitation anl excitement that exist re- 

 specting the election of United States Senators, in 

 connection with which the charges of bribery and 

 attempt to bribe were made, any action or attempted 

 action on the part of the committee, in advising or 

 attempting to advise the Assembly in regard to the 

 cSuux'es, would tend to embarrass the administration 

 of justice ; that it would not be just to the people or 

 the accused, and that it would be disrespectful to the 

 courts which have taken cognizance of all the crimi- 

 nal acts and offenses alleged to have been committed 

 by the parties referred to or in any wav implicated. 

 KIDDER M. "SCOTT, 

 E. A. CARPENTER, 

 A. S. DRAPER. 

 CHARLES R. SKINNER, 

 T. BOAKDMAN. 

 Dated July 5, 1881. 



The minority report, which was signed by 

 Assemblymen Brooks and Shanley, dealt with 

 the subject more fully, presenting the substance 

 of the evidence and announcing the following 

 facts as established : 



1. The positive use and misuse of money at Al- 

 bany in connection with the election of two United 

 States Senators in the canvass growing out of the 

 resignation of Senators Conkling and Platt. 



2. The presence in Albany of a large number of 

 citizens, official and otherwise. State and Federal, 

 intrusted and engaged in the election of two United 

 States Senators by the State Legislature, to which body 

 the Constitution and the laws commit the sole right of 

 elections. While there is no proof of the positive use 

 of money by the so-called lobby to control the Legis- 

 lature in the election of Senators in Congress, there is 

 evidence of undue influence of men holding both Fed- 

 eral and State offices to control this election, and this 

 undue influence includes the almost constant presence 

 of the Vice- President of the United States, and the 

 almost constant presence of the two United States 

 Senators who resigned their places, one of whom, 

 through thirty-one ballots, asked for a re-election from 

 the Legislature which gave him his first election. The 



En-ence of other candidates has also been conspicuous 

 om the beginning. 



3. The evidence also includes the fact that Sena- 

 tor Sessions, pending the election, drew from the 

 banking-house of Spencer Trask & Co. $6,616. and 

 closed his accounts at this bank on the 17th of June. 

 The sums of $12,500, $3,500, $2,000, and $20,000 were 

 drawn by parties friendly to Mr. Depew, but no evi- 

 dence was given that any part of the money here 

 named, except the $2,000 paid to Mr. Bradley, was 



used for any corrupt purpose ; nor is there any proof 

 of any intention so to use it. 



4. The promise was made of a high Federal office 

 that of United States Marshal within the District 

 of New York to one member of the Legislature 

 to influence his vote for a Senator in Congress, the 

 promise or expectation coming from a United States 

 commissioner and United States supervisor of elec- 

 tions, John I. Davenport. It was made to State Sen- 

 ator Strahan, of New York city, at the Union League 

 Club, on the night of the 18th of May, and was made 

 to influence Mr. Strahan's vote in the election of Sen- 

 ators in Congress ; but it is proper to state that when 

 Mr. Davenport appeared before the committee ho con- 

 fined his so-called " authority " simply and solely to 

 Mr. Knox, the friend of Senator Strahan, who "was 

 confirmed as marshal on the following day. It is also 

 proper to state that Senator Strahan was not in any 

 way moved from his purpose of action at Albany by 

 any of the promises of Mr. Davenport in New Y*ork, 

 whether they were genuine or not. 



5. The apparent tender of money for legislation 

 and the promise of money in the case of three, if not 

 four, members of the Assembly for votes or influence 

 growing out of the election of Senators, was before the 

 committee, but without any positive knowledge of the 

 exhibition of money, though in one case it was pre- 

 sented in an envelope, bearing the name of Mr. Arm- 

 strong, of Oneida, and supposed to contain money, but 

 tliis was to compensate nun for his vote upon "a bill 

 which had passed the Legislature, and the offer was 

 rejected. The testimony does not show one dollar re- 

 ceived by any member of the Legislature or directly 

 offered in the form of money for a vote for any candi- 

 date for Senator in Congress, except, as before stated, 

 in the one case of Mr. Bradley, who, at page 10 of the 

 testimony, swears that Mr. Sessions said, " I can get 

 you a thousand dollars to put in your vest-pocket to 

 vote for Mr. Depew" ; who there listened to this en- 

 ticement, talked about it, said it would be just as bad 

 to vote for Chauneey M. Depew without getting any 

 money as to get it. listened again to the temptation and 

 statement, "I will go up-stairs and see what is the 

 best I can do " ; and from this temptation, bv appoint- 

 ment with Mr. Sessions (pages 11 and 14), he went 

 first to the room of Mr. Sessions, and then went up 

 one story to his own room, where, the door being 

 locked by Mr. Bradley, both men seated themsrhv-. 

 and the money was paid to him in three bills of $500 

 each, and in ten bills of $50 each. In the report of 

 this interview there was no dispute, while Mr. Scs>i<>ns 

 (page 21), in regard to the money, swears " There was 

 not one word said in relation to money at all, and that 

 there never was any allusion made to money by him 

 nor by me." What may also be called a mystery is 

 the use of nearly $50,000"in currency by men of estab- 

 lished credit and with accounts in bonks at Albany, 

 New York, Utica, and Buffalo, and the cam-ing of 

 large sums of money about the persons of their own- 

 ers, instead of using either express companies for the 

 transmission of money as between New York ; Albany, 

 nnd Buffalo, or the use of bank-checks, which busi- 

 ness-men are accustomed to use in the transmission of 

 money, and in all ordinary business transactions. 



The following resolutions were also presented 

 as proper for the approval of the Assembly : 



Resolved, That it is in evidence before the select 

 committee that Samuel H. Bradley, member of the 

 Assembly from the First District of 'Cattaraugus Coun- 

 ty, was in possession of $2,000, which sum of money, 

 upon his own sworn statement alone, was placed in 

 his hands on the 8th of June, 1881. in his own room 

 at the Kenmoro Hotel, by Ix>ren B. Sessions, State 

 Senator, representing the Thirty-second Senatorial 

 District in tne Legislature of 1880-'8l, and composed 

 of the counties of Cuttarnugus and Chautauqua. 



Rwolved, That the receipt of this money by Mr. 

 Bradley for his expected and promised " vote t'r 

 Chauncey M. Dopew, a candidate before the Legislat- 



