The New York Herald Newspaper, June 18, 1857, Page 1

WHOLE NO. 1596. PROGRESS OF THE CIVIL WAR RESTING PROCEEDINGS EEFORE THE RECORDER, Before Judge Ruesell on the Habeas Corpes. eiting Scenes at the Mayor's office. and Captain Bennett. Hiayor Refases to be Arrested by Deputy Superintendent Carpenter. Does not Recognise His Authority as an Officer. iG OF THE ACCUSED PARTIES. Between the Recorder and the New Commicsioncrs, INGS AT THE HALL OF RECORD* AND AT THE MAYOR'S OFFICE. Yesterday morning the programme of the second day’s in the municipal war was opened by the Albany of Streets. ‘Be entered the Street Commissioner's office at about 915 , 4. M. There were a considerable number of per- present, and somewhat of a stir ensued. Mr. C. went the first time into the regalar office of the Street Com- , Which has heretofore been maintained with Capt. B. directed officer Masterson to keep order and ‘Mr. Conover to see the Commissioner of Streeta— . Devlin—in his office. Mr, C. went up to the fence be- ‘My. Conover said he must go in and take possession of his peat ian forma! way, without any physical demonstration @f ths nawre of his previous efforts. Mr. Deviin, in a amily key, as formally refused, and repeated bis purpose ( misintain by force his refusal. ‘Mr.Qonover then said that in view of the fact that Mr. Bevis was in possession, and had a sufficient force to maisuin tt, Be would leave, intimating his purpose, how- @ver, te contesi tbo matior at law. Some frieadly words ef an cx officio nature were then Mierhanged, Mr. Deviia inviting Mr. Conover, in a cordial way, to call om him again as a {riend, and apart from any mathr in dispute as to the office. ur, ook bis departure in @ less intarestiog than his previous exis. ‘THE MAYOR'S OVFICE. a0 103; A.M. the Mayor baving been some time down fom his house im 1)7th street, transacted business as waual, received. his visiters, &c. His counsel was we Coroner Perry called and informed the Mayor was a slight inaccuracy in the form of the bonds ‘whiel had been given him for his warrant of arrest the Previus day. A new bond was promptly execute: to the Gatiafiction of the Coroner, with which be afverwards de- partel to make his return to Judge Hoffman. ‘TEE SHERIFF NOT ABRESTRD BY THE CORONER. Bebre the departure of Coroner Perry, Sheriff Wille’ ‘when a formal conversation ensued between them The Sheriff said he understood the Coroner had ‘Deen in search of him Re Perry) i PEEEEEY Ay rr seize = 7 | i z. a 3 i Hi lock, the asauranos that the M ‘at Inet, was brooght to Chief on Ma oe Wren gomedia the , and Chief Matsell him olf comartern 2 sonec of yentor iay'e attack every. ™ ic rea!iness for a defence. AN TNTERVENTION, thi we vie as ae foot at Mayor Wood's front at the east end of the Soneultas rior ofece of tke Fist on perior officer of the yim of the militia of the Stato, Gen, Sandford. Tho Sheri, an the custodian of the Mayor, felt himaclf not only charged officially with the peace of tho county, but also with the safety of the Mayor's official lodgpeadeace. arperes of the Kecerder wero dismusaed, and the resolu Metropolitan Polico Commissioners to back him ‘was jn like manner considered, s8 well us the Mayor’s ouvR. THE MILITARY, In view of this state of things, the consultations of the ‘Sherif and the General rosulted ia a reaotve that the peaco of heelty depended on their action, and rested in their hands. Henoe Bey Would act \n concert with a view to this sole @hjeot—the preservatin ofthe peace, The Mayor was in the keeping of Sherif Willets, and it was hia purpose 0 keop hit) without \oterference. Fe expressed hie resolu fiom, thet upon the frat attempt or demonstration against bis prisoner mnder the writ of habeas corpus issued by Judge Roseel!, he would call upon the county to rise {n hi+ wopport, aud ‘his first demand would be upon General Sandford and the force he now bad under arm by order Goners} Sand ord on his part, of the law whicd makes the command of the Sheriff even seperior to that of the Govervor in the county, imticated his parpoee to hold bimself abject to the commande of tho Sheri, should any violeot emergency present iteell . THS RECOKDER 8 OFFICE. After the bailing of Cat. Bennet and Deputy Commis- sioner Turner, Recorder Smith bald a private consultation with Gen. Nye, Mr. Draper and Major Gen. Sandford, furtker ' window in the Recorder's office. Tao “ity of bavi tho Mewepotins cheer ized and ain- ity ving recogni main- tines as legal oillcers, Gen. Nye mise. This plau wee to have Maj. Geu. Sandford carry the two officers, Speight and Curpenter, into the Mayor's pres- ence again that they might ieave their warrants with the sberi rervice on the Lad after the habeas had been granted, To this Gon, sandiord agreed on condition that all Other aivenupts of the Recoracr against Une Mayor sbouid beat ro env. With this underwtan tiog Gen. Sandford accompanied the two Metropolitan captains, Carpenter and Speight, escort- tng them to ihe Mayor’s presence. No Ss were ad mitted, apd the following stavement was dictated by Depn- ty Sheriff Join MeKibbip, who haw bad the Mayor in ous- dy vince his arrest unier the babvax corpus, The stato- ment was given with the understanding that the Deputy ‘Sheriff ebouid boid himself responsible for its accaracy ‘agaiast any rumors, returns of the two captains or any different staiement of the lacts as he witnessed them. HOW THE RECORDER AND Til: LAW WERS VINDICATED. Une} Sheriff McKibbin boing with ', Maj. Gen. Carpenter and Kyeight entered. ter and Speight stated in a direct formal maaner mt ney bad warrants to tere no Mayor. es ntage e they were prom) interrupted by the Serif, who said the warrants could Fed ehwtpee bead be held the Mayor subject to the act on e corpus. Fog Soe A neg warrants to Goneral Sandford, who them to the Sheriif, requesting that they should be served at the proper time by that office. Toe Sheriff said he would do so. The Mayor was not addressed. He sai¢ not a word, aor bad he an opportu- bity for it. Tho two captains made their exit; Gen. Sand- Ines of the police force around to the City Hall. Returns were made on this to the Recorder. given elsewhere. He further ied to vin- law by more writs which it was thought might ag decision was given on the argament Court of Sessions. The Court reserves decision for to-day , 80 the Recorder reserves his warraate, of habeas corpus were, however, pre- THE MAYOR AT HOME. Tho Mayor lef hie oilice for his house in 117th street Detween five and six P.M. The previous evening he had done likewiee, in an eqrally public manner, though like all the other material facta this was suppressed the Diack republican sheets. Ho orig with a party of his friends at the Metropolitan on his way home on Tuesday night. Last pigbt his carriage was pursued up Broadway amid cheers and burrabs. PROCEEDINGS BEFORE RECORDER SMITH. THE ARKEST OF M& 1UnNBR- ‘The proceedings before ibe Recorder yesterday morning ‘were unusually interesting. Atan arty hour Mr.Chas Tur- ner, the Deputy Street Commissioner, appeared in custody (@f the Sherif, te amewer iue charge preferred against him yesterday by Mr. Daniel D. Conover. The Sheriff said ‘hat be had been looking for Mr. Turaer ever since Tuesday but was uvabie to find him until yesterday morning. Mr. Conover, it will be remembered, charges Mr. Turner Captain Bennett and others with inciting « riot and assault - ing him in bis pablic office. [The compiaint of Mr. Conover bas been publiehed already, so it 's unnecessary to re- print it hore.] THE MAYOR REPUSKS TO RE ARRESTED. Deputy Superintendent Carpenter entered the room ‘and informed the Recorder that he waa anable to ex- eeute the warrant issued for the arrest ef the Mayor. He etated that om arriving at the Mayor's office the Mayor refused to accompany him, on the ground that Mr. Carpenter was not a legally authorized officer— when a warrant would be served upon him by a proper officer, one ihat Le could recognise as a law/ul oflicer, he would obey the mandate, and not until then would he obey ‘the summons. ‘Mr. Carpenter was thus obliged to come away without being able tw effect anything. He stated to the Recorder that there was a very great crowd about the Mayor's office, notwithstasding which he would be perfeoily willing to serve the warrant, and bring te Mayor before the Re. corder if his force was only large enough for that purpose. If the Recorder would place a larger force at his disposal he would be willing to make the desired arrest, But he ‘was an 'isfled that it would be useless to attempt serving the warrant with the few men ho bad around bim, as it wouki only load to their being killed in the attompt. TBE RECORDER BENDS FOR ALD. Recorder Smith—I wish you would go down tothe Super. intendent’s office and ask eliher General Nye or Mr. Draper 0 come up here. I want to see what ferce the Commissioners can muster se that we will be able to know whether we will be able to ecrve the warrant without the aid of the military. If we cannot get policomen enough we mast bave ihe military, so that this warrant may be served. Mr. Carpenter then lef the room and proceeded to the beadquartors of the Commissionere, No. 58 White street. ARREST OF CAPT. BENNETT. At the conclusion of the above luterview Captain John 'W. Bennett was brought before the Recorder on the same charge preferred against Mr. Turner. Hie countel said that they would waive an examination in the case, and asked what amount of bail war required. BAILING OF TITRE ACCUSED, ‘The Recorder stated that $5,000 ball would be requisite. Mr. Nathaniel Selah, ex Commissioner ef Repaire and Suppties, became Mr. Bennett's ball in the above amount. Mr. Turner's connec! at this moment rose aad said that an in the case of Mr. Bonnett, acy were willing to waive an examination and would give the required amount of bail, Mr. ©. ©. Ellie came forward and signified his witling- ness to become Mr. Turner's surety Im tho eum of $5,000. ‘The bail in both cages baving been taken, the Recorder stated that be would the papers before the (Paod Jury now in seesion, the case m'gbt be disposed of immediately. ‘The defendants then wok their leare. A CONFERENCE BPTWEEN Tih RECORDER AND THE COMMISSIONERS, About 125; o'clock Commissioners Nye and Draper en- tered tho office and held a conference with the Recorder ‘upon the necessity of executing tho precoss lasued against the Mayor. The conference was brief, but carnest, and, aa it would room, romething definite was agreed upon. The Commiseionors on taking their leave promised te return in the course of balf ap bour, when they would take counsel with Genoral Sandford upon the necemity of ordering out the military for the purpose of executing the warrants lasued for the arrest of the Mayor, should the latter again decline to make his appearance before the Recorder. COMPLAINT AGAINST ALDERMAN WILSON. The following complaint has been made against Alder- man Wilson, of the First ward: ee ree Store he resides in Twenty fifth stroct ; that on the afternoon of the 16th of Jnne, Cot? eA Willa Wilson, Alderman of ward, strike one of the mom bere of the Metropolitan police wit a club, Uhat at the same me others unknown to deponent struck said with clubs; that the raid policeman when said bad on his bat the badge of his office, and tnid Wilson had on hia broast » star; that in'a fow Afler the said assault the said Wilson, around him, said in a lond tone of voice, ‘Donk go sway, oye; strike together.” THR WARRANT FOR MIS ANHRST, Upon the above affidavit the Recorder tesued the follow. ing warrent of arrest: — and County of City Hall, Park, State of New York, Oty New York—T any Consiatle of the Oty of New York Whereas, on baa been made the nnder- pigned, im and_for the said city, by Thomas thet Wm. Wileon waa o , with city of Dutcher, aber, oo the Yih lost in FiO nad ageauilt an New York, these are, therefore, in the name of the peo ple of Now York, to command ‘and enjoin you, the said constables and policemen, and every one of you, to appre- hend the bady of the said defencant, and forthwith bring bim before me, the Recorder, at the oity o' New York, at 23 Chambers street, to answer the said charge, and to be Cealt with ax the law directs, Givea under my band and seal, this 1th day # June, 1857, JAMES M. BMITH, Jr., Recorder. THE RETURN OF THE OCOMMIBSBIONERS—AN EXCITING INTERVIEW. About one o’clock, Gevera! Sandford, accompanted by Mesers. Ny+ and Draper, Deputy Saerintendent Ourpen- ter and Captain Speigbt, entered the Recorder's office and had an exci ing interview in relation to the refusalof the Mayor to surrender to the officers of th» Metropolitan pa- Hoe. General Sendford declared that if the offl- cers of the Metropolitan police were unable to effect the arrest of the Mayor he wonld order out a ufticient mi'itary foro> to clear the City Hall and bring the Mayor before the Recorder, In the course of the interview Mr. Draper was heard to exclaim- ing “ Either we are the servante of tho law or we are not. If we are, we must not compromice for one instant I mean to bold to the strict letter of the law, and either this map must yield himself to arrest under the law, and according to law, ¢r be must rule the city of New York in defiance of the law.’? The Recordor steted that as the Mayor was already in the curtody of ‘he Sheritfon a writ of habeas corpus, sued by Judge Ruseoll, the officers could not arrest him until Wat matter was disposed of in the Court of General Semions. The hearing in the habeas corpus was to come @ffat2e'cleck The officers were simply to serve the ‘warrants upon the Mayor, and then reylace bim in the custody of the Sheri:!. ese Warrants were then to be Jody in the bands of the Sheri a+ drtainers, with the unde-standing that as soon as the watter before Jadge Rogsell should be disposed of be should bring the Mayor before the Recorder to answer the charges preferred against him. THE DEPUTY SUPERINTENDENT MAKES ANOTHER Deputy Superintend Hy ean and Cai paty Snpertntenden enter in Speight then proceeded to tbo City Hall with the warrants it tele posession. ‘The warrant in the possession of the Deputy Superinten- dent was issued on the complaint of Mr. C mover, charging the Mayor with havig obstructed the executicn of a civil process. The warrant held by Capt. Speight was also igeued.apon the complaint of Mr. Conover, charging the Mayor with having obstructed the execution of a criminal process, and read as follows :-— ‘THE WARRANT AGAINST THE MAYOR. To any Ounstable or Policeman of the City of New York:— Whereas, complaint op oath bas dersigned, Recorder in and for the city, by Frederick W. Perry, charging that Fernando Wood bas been guilty of a misdemeanor, in reisting forcibly the service of said process in violation of the statute, these are, therefore, in the pame of the people of the State of New York, to command you, tbe raid constables atd policemen and every of you, to apprehend tbe body of tho said defendant and forthwith brivg him before me, at my office, No. 23 Chambers street, to anawer the eald charge and to be dealt witb as the law directs. Given under my hand and seal, this 16th day of June, 1857. JAMES M. SMITH, Jr, Recorder, ‘THE WARRANTS SERVED UPON THS MAYOR. After an absence of half an hour Deputy Superintendent Carpenter and Captain Speight returnod to the Racarder’s office in company with General Sau ford, when the follow: ed conversation ensued between these ofilcials and the Re- corder:— THE DEPUTY SUPERINTENDENT'S RETURN. Deputy Superintendent Carpenter—The Sherit! bas got the warrants and has to bi the Mayor before your Honor as soon as the hearing before Jadge Russell aball haze been closed. Recorder Smith—Did you make the arrest? Deputy Superintendent—I did. Recorder Smith—And gave the necessary directions to the Sheriff? Depaty Superintendent—I did, sir. Recorder—Has Captain Speight served bis warrant also? WHAT THE SHERIFF PROMISED. Deputy Superintendent—He bas, your honor; I made the Sherif! promise to bring the Mayor before your honor; he said he would do so, and that everything would be dono a eres 108 mate mihoney zou honor. ler Smith—Aftor the arrest did you hand tho war rant ae Superatenc et tre yr! ? Deput intenceni—I did, and he recognized me as an officer of Police and acknowledged the validity of the war sd Recorder corte valrya dod she a lgpd Deputy intendent—' People were very much excited when we got there, but we nag to get into the Mayor's office vory easily. The Chief Police had a ‘passage = way cleared for us, and in company with General Sandford we entered the office and made the arrest. 1 suppose that is all for the present, your Hopor * ALDERMAN WILSON’S OASE, Recorder—Yes, that will do for the present. Oh, who has got the warrant for the arrest of Alderman Wilson? i Yaad Superintendent—I have; but have not served it Recorder Smith—Sce that it ie im the faithful and efficient officer. ~_ dieses Deputy Saperintendent—I will, sir. CAPTAIN SPBIGHT’S OPINION. The Mayor bas ackno the Me- tap police force, your Honor, for be received me to- day quite differently from what bo did yesterday. terday he refused to acknowledge Yes- me a an officer, but to- a hope that he would not be sompelled to call aj for any further aid in the oxooution of tho law. i THE RECORDER KEPT IN SUSPENSE. a half tbe Recorder auxiously awaited the result of the bearing beforc Judgo Ransoll. ‘was occuvlod chiefly in sonding officora to the Court of General dersions, for the ol inquiring how the é fade” The Recorte case wes likely wo r said that be was quite ill, and wanted tw know whether or pot Jugge Russell would render « decision in the habeas cane as foon as the yoments of the counsel were brought to a close. . Pyelda thought it was quite probable Judgo Rassell would reserve his decision anti! the following day. PROCEEDINGS ON THE APPLICATION FOR A WRIT OF HABEAS CORPUS IN THE CASE OF THE MAYOR. Wood in person, Mr. Ball argued that Jadge Ruawell had not juriediction, for the reasoa that his appoimtinont wee subsequent to ihe Constitution and the Code, He argued that the City Judge had pot the powers of a Supreme Jodge at chambers under the act granting power te imue write of habeas corpus. ‘He made that prelim wary obecton Judge Rarecil eaid—I have examined this question very thoroughly, with « view to see whether 1 porssssed the power of dieharging it onder the two third act: 1 am gm Uiafed from the examinasion that | bave the same power as the Recorder, if he can intue thie writ, i have full under that law to grant it alo. ‘Mr. Hall raid that he id pot conceive that the Rec wder ar ee eee sO er ee ee Re. Coupee! for Mayor Wood then read the following anewer bd yy D. Romedl, in the oa a 4 5 mater impri- sonmen of Pirnanclo Wood —The pewwoner (Aah. for newer 10 the return of James © Willett, Sheri of the Oiy ‘and County of New York, that the said Sheri bas no right to detain the body of the said Fernando Wood on the sald warrant, because be says that be is informed that the said warrant was istued ap a ineufliciest affide- vit. And further, that he is iniormed and believer that all the acts therein w hare becn dome by sad Kernan. do Wood were done by bim while acting m hue oe aan FE of New Vork, and that te said ‘ernando Wood te not Hable to arreet or imprison ment on prey Ny Fd that the caure of #aid imprisonment ma) 1 red into re tae, 7 giant baaN. Diy and Younty Ff New Terk. —Pilbert Peas, Wwe above MORNING EDITION—THURSDAY, JUNE 18, 1857. named petitioner, being sworn, says that the above ewer is true, except as to the matters which are there stated om information and belief, end ag to those matters he believes them 10 be true. G. DEAN. Sworn before me this 17th day of Jane, 1857. A. D. Roma, City Judge. 1 join in the above demurrer, 80 deeming ft in iaw, aud aver iD Degative terms:— 1, Thet she aifidavit is not sufficient. 2. That the acts, whedher done in any capacity, are subjects of arrest in law. 3 That the privilege of Mayor dees not in jaw avail the defendant in their warrant appexed or to the sole for which it issued. A OAKEY Gall, District Auierney. He}! raid that he would deem this as a demarrer 0 the return set up, and pot any pew allegation of fact, but simply asa demurrer to tbe fact set up in the return ‘The anewer to tho return affrms—1. Mhat the Sheriff has no legal rich to detain the body of Fernando Wood, be cause the affidavit is insufficient; 2 Because the acts wore done ip his efficial ; apd 3. He is not liable to ar- Test on account of the said official acta, He would join in demurrer to the answer, Judge Rusrell—The [atrict must demor or pone? aga If be demurs to-day then you can argue the quer Counsel for the Mayor sald that the questions to be dis onsred wero of vory grave importance, as to the Kability of the Mayor to arrest fF 4 circumstances like ee presence in the Surrogaw's of- ved were #0 great that :t vas omi ently proper that counsel should baye an opportunity to 0 for argument. Prabe District ‘Attorney strongly Ho deemed it bis duty to ask that po dolay abould take place in this ma'ter, except to give the learned counsel time to go and procure an adjournment of his case. The very circumetanecs which were raised by this return and by the answer, wero such upon their face, taut in bis jig- ment bie Honor was warranted in bringing the minter to some ixsue—whetber the Court remanded to the cus toay of the She iff {m order that he may obey the Warrant which he was imtercepted in obeying by hi ors writ of habeas corpus, or whether he eball be ditcharged entirely, Thie waa not an ordinary cose, but a gentleman who helt We chie® oifice in this city was pleading that by virtue of holding his post- first magistrate of the city, he is not amenable (o a it upon a felony? It was alleged that there was an op! Tampapt inthe community agaist law and order, and whoever was to blame it ¢eemed to the speaker jut and proper that a matter of this kind should be treated summarily, in order thal the warrant may be obeyed and an example may be made of the chic! if he was in the wrong. He @ jected w the postponement of the argument. Counsel for the Mayor—I wish to make one remark, and desire the roporters to ne it, and that is, that it i¢ apjust to Fernando Wood, the chief magistrate of this city, as woll as to the eniire city ef New York, to say thai this warrant was issued agatet bim for a felony. Judge Rusee!l— it is only a misdemeanor Counse! for the Mayor, continuing—It ie a mere misde- meanor, which, if it bas been committed, has been com- mitted by bim’'in tre discharge of his official duty. It is unjaat, Te y, therefore, to him as an individual as well a to bi the mot: arrant. But this ‘was sent here by whom? By a pereon who knew that the Mayor repudiated his au- thority, and a discharged and ¢isgraced was the bearer And for what purpose? To heap indignity upon the Mayor and through bim upon the citizens of New York. ‘That was the object, und it could bave been the only mo. tive. The Mayor replied to them, “Send an otilcer who is recognized by me aud by the authorities of the city, and I ‘ill render obedience” I shall say no more now, but at 20’clock, with your Honor’s permirsion, I will come hero prepared to argne the question. Mr. Hall wished to ot retbat as he had not time to peruse the papers, be could not tell whether the charge jemeanor ‘was felonious or mere! ind jarned the further hearing of the ‘afternoon. Judge Rusee)! then case till 2 o'clock in the AFTERNOON SESSION. Parsuant to adjourpment, Jadge Rus-el!l teok bis ees upon the bench at 2 o’clock, for the purpose of hearing « motion to discharge Mayor Woed from arrest on « war- rant issued by the Recorder, and soon after the District Attorney, D. DP. Field, and Wm Curtis Noyes and counsel for Mayer Wood, entered the room. After afew momeuts ‘was spent in conversation between counsel, Counsel fer Mayor Wood rose and addressed the Court as follows:—If your Honor please, the Mayor of the city of New York is now before your Honor on a petition for his discharge from arrest on @ criminal warrant. The of Seen hee math Sarl ‘and 16tb of the month, had iucitod a riot, Tae auewer to and bad assaulted one Daniel 1) Conover. that charge is, ny crfminal any fact, that whetever b him as the chief Fi E i : 3 é : 5 ES é i HH 55 A 22 it E Jag sé . The he did in the prem| of this : ge ie 338°5 lief; for we were ignorant of tho content of Wo did not know what was wo did not know what be bad done. formed me, that from the ume ‘on the morning of yesterday, and day before, until the atiem; bim, that’ be did not the apartments act for him by the authorities of th: city ne Mayor, and bi was done in bis oifictal capacity in issuing orders as i i ir 8 af ise i - ayia it sles Tera 2 city—we put in as one of the answers to the ret — fay any oat ged pe the warrant taaued by his personal itioal men who are willing, for the purpose OR Ae, fay, that perjury had m: wed, bo sovted la tee dhawer ts tub rota ym Mdavit feng wy tne ag with inciting a charged w: Conover without having secn om wes rent the arrest of uch man who is »; charter of this city for the execution of Jawa. Fince comlag: noon I have seen and read for tho first Whai was sworn to before on could now be sworn toon positive be ad, by your Honor E FS a= St 28 a z i BR aP. Se H : i 4 i 3 & ! is 23 E ee i ip i Hl H sist a 3 Sea ag ali e. $ 5 i : rd i PA oe He did not charge a riot in Sages on eases and baste tery be says was committed Wood, There is no ro- rent there is po evidence, nor the pretence of any, before the officer who leeued that warrant that Fernando Woot ordered these mon to do the act. We say, therefore, a bebalf of the person who is detained on crimunal process that (is aM@davit ie insufficient, | ask your Honor and ibore who the people here, and ‘in belialf of the public Who have pot come here to-day for tho purpose of imprisoning cieren without authority of law, if tbe liberty of ey ahoull ay ‘amd they #8 ou to commit ins city. I aght to allude to cumstances under which the warrant tm California and some other with this vas lation, ‘aime when there are two bodies claiming « be the ming to have the power the of the cltt- 2 53 H & no should be employed. Op the seeend point counsel remarked he desired to the purpose of clearing up incor on the pb * Hic mint was not liable to arrest om that process for tho acts therein cbi and en the facts there admixed. If Fernando Wood, ag an individual, had committed crime, he was like every other citizen subject to arrest; if be bad dove anything which subjected bim to arrest under civil process, for converting bis neighbor’s property, for trespass, or for avy other personal wrong, he was as liadle to arrest as any other individual in the community, and would a# quickly and aa submiseively reepond to the law ® apy other ci izen, Butea the obief magistrate of this city, im the discharge of bis duty, which was admitted on the ‘papers a# they stood before the court, that whatever wos done by him was done ag chief magistrate, counsel affirmed that he was not only exempt from arrest on o warrant issued by the Recorder, or by bis Honor, for any of bis acts as Muyor, but that ho was exempt from presentment or indiciment by the Grand Jury. And what was the penalty he would have to pay if he acted improperly? It was not a petty larceny war: rapt by 8 poly larceny magistrate, but it was the right to ppeal to the power that could supervise bis proceedings, and to appeal to the lranchi*e—to the people who gave bim the power to exereise in their name. The speaker said'be might appeal to every charter that was ever grant- ¢d to this city, either by ktug or by republic, to prove the facts which be stated; but for the purpose’ of his argu. ment he would not speak of the charters which were granted in despotic times, when the people were not anp- powed to be capable of self government. He would only allude to the charter that was amugglod through the Legislature, which would be as infamous in the records of infaroy as the celebrated Rump Parliament in the time of Charles the First, to show that the Mayor was exempt from arrest and indictment for any act that be did by virtue of bis official position Mayor of the city, He would refer to the 4b socti “The Grand Jury of the coumty may present any officer, other than Mayor, Counse! to the Corporation or Comptroller, created by or holding office under this charter, but only upon testimony from witnesses who are personally cognizant of the facts they testify to, and after the perron 80 (oid ‘ball bave bad @ reasonable opportunity to appear before taid Grand Jury in person, in explanation thereof This presentment may charge such officer with wilful and fraudulent omission of duty, or commission of any official act probibited by law.”? The Mayor, therefore, could not be prerented by the Grand Jury fer avy official miscon- duct It was admitted by the demurrer to the answer that whatever lerpando Wood dit in this caso was done by bim as Mayor in the discharge of bis duty, and not “berwise. It was rather a novel idea to indict the Mayor for diecbarging his duty. Mr. Field, tnterrupting—By inciting a riot. Copnee! for the Mayor, continuing—If the Mayor ordered ‘a map to be abot down, he does so in the discharge of his duty as Mayor, and could not be indicted for it It was one of thoee things that he a be called upon to do in the exercise of « sound discretion; but if he abused that discretion, he could be removed trom office. The afildavit stated that the Mayor ordered the assault to be made. He bad a right to protect property and to protect tbe citizen ip the enjoyment of his office; and whatever he did im the discharge of his duty as Mayor, he was not individually liable for. The moment he c to act as Mayor, be acted as an individual, and was liable (>be punished if ho did wrong. The Mayor was not the ay Peron interested in thie matter: it was a quostion whic! concerned the social order of the city and of every city in thie republic. The question was whether a public officer who discharged his duty was subject to arrest and toa persona! examination on the statement of somebody ole. Discretion must rest some where. In a city it rested with the Mayor; so faras the State was concerned it rested with the Governor, and in reference to the federal government, with the President. Taere was but ono precedent in the whole history of our government for this arrest, and that was the precoaent s0 famous in New Orieans when General Jackson was arrost- ed and fined $1,000 for having discharged his duty as an otticer. The counsel was proud, as an American citizen, to say that the fine was restored to him, with interest, Jong years afterwards. It had remained without « parallel tince 1814 until the year 1867, when the Mayor of this city in arrested for discharging bis duty. The speaker con- cluded by saying that he would reserve the right to reply to s* to any authorities that the other side Distriet Attorney asked for the authorities which counsel relied upon. Counsel for Mayor Wood—I cite the 18th section of the charter as to the duties of the Mayor, and the third subdi- vision—"It shall be the duty of the Mayor to bo vigilant and active in causing the ordinances of the city to be duly executed and enforced.’ 1 cite the 49h section, im refe- renee to presentment by the Grand Jary. ‘Mr. Hall then arcae, and, aftor some preliminary ro- marks, said:—lo this case, as it has arisen, the defendant's presence has been waived relsed {9 as to the ee eee The tiret question to be before i . when the offence: and secondly, when he may have received merely verbatim intelligence, and that so only in general terms without specifying what the offence is. This law is necers: ‘m any community where the common law ‘sacs that vitality which will give it force, and hence that a sound discretion should to isene a warrant upon infor- All that your Honor is allowed to ia- whether there is probable cause that offegeo or crime bas been committed, and whether paid probable cause extends to the party pamed in the warrant. Juége Russel—There ts no doubt but that a magistrate may @ warrant upom ocular demonstration or upon he statement of a citizen. Mr. Bali—! will therefore, pot dwell upon that point, If it is conceded, ¢ to quote the authorities for the bene- nda. It ia unneeersary for mo to read i ii copsists in frauduleatly exceed your powers to the evil example of the e rights you are pul there to protect. But, rays my friond, the charter bes stepped tp, and this charier which ‘was 80 much abused by my learned friend, whish | oly Know a law of the Slate, yet this moch abused char. ter # relied upon by him t save his client from mprisoe- mentunder the warrant of & magisirate of thu city. if he be #0 inconsistent a to abure and the ohar ter on the one hand, while at the same tme ing with the other, hen! may oat your Honor conctule tbat bis feesions in fact are ille |) bis eo) aw Lt bear no better” wot? ef not for viddi on fil in this charter even & implication of an invictment [a the case of a pal cer be is amenadie as on officor and antwera>ie ae a mar. ‘To ponish the man and continue him in office would be monstrous. For ab officer to be —. removed from of- Bee and go unwhipped by justee would be equally moo Hrovs. Various ways haye been epacted for reaching euch cases. The new cherter provides an additional one—that nq ge layor, an 7) are left to the sovereign powor of the Stato, Tho claase in the charter, that it is the duty of the and active In causiag the ordinances of the city to be duly enforced, is alao presented in my friend's argimoat. Bat who is to be the judge as to what constitates goh vig lance and activity? A man may think he has falfilled this ro quirement and no more, but the law may in andy in- quire by Indictment whether he has not exceedod hia duty. ‘The Court :nay recollect that in Portland, Maine, the Mayor, ‘ag mayor, at tho time of the temperance excitement in that rf ordered out the militia to fire upon the citizens, it wa not dreamed of to set up in hie defence upon his trial that his acta were privil because of his office, Toe judge of an Englich colony was tried, convicted and bg for murder, because @ man had died in consequence ‘whipping which be had ordered as Jodeo. . Joneph Blunt here reminded the Listrict Attorney “ io the first volume of the ‘State Trials” ia toe report coutinued at some length to a that the ige’s duties were confined to the impeachment of the rant, to the impeachment of the recitals of the war nt, or the jurisdictien of the magistrate, Beyond he laimied the court bad no power to inquire, Counsel for Mayor W. replied that the argument of bis opponent, ax to the courtesies due from one mag «trate to another, should have properly boen addressed to the Recarder. The Mayor was one of the criminal magi trates of the city, who was to be arrested by the warrant without any censultaton or the two ‘not been obsers Tat not him thia court an of a co-ordinate 4 previous consideration between that courtesy had “cast the first stone. courtesy come bet © bp extended we. if od Jet him without ain who bad vislated that fore 4 aak for that courtesy ward Mayor had boon ar. HE NEW YORK HERALD. PRICE TWO CENTS. rested for a paltry misiomoanor, at a time when every one felt that it needed but a spark to occasion an explo- sion, Courtesy woult have boom well enough before the armed policemen and tbe military had been called out to arrest the diret magistrate of the city, Whether the re- cords of the c:lmu.al courts would soow that the magis- trate who lesved the worravts had been himself ar- rested be kpew not and cared not; they were here to ar- gue the habeas corpus. He would argue that If the Mayor was not exempt from arrest, his Honor would be obliged to take bail in the case, Complaints had been made there bad not been nutborities produced, but there had been no time to do anything but to preserve ths public yeace, The avswer 8 Props! fon ‘oat tho warrant was insviileiont, 2 no ciiven cold be arrested without an aflidavit against him, bud not been suflicient. A siinple complaint was truly all that was necessary to examine the complainant, and the next step was to issaa Warrants for the production of witnesses. This was sil that was provided by theease in 16 Barber, which had been d in answer to bis first proposition. But the eectona and 3, page 8 and 9, fourth edition, provided thas if i Appeared by such exernination of the complainant and witnesses that @ criminal offence had been committed, then the magistrate bad the power to iaene a warvant for the arrest of the acensed. But the aifidavit of Conover ‘was pot that lic had been assan!ted by Wood, but that those who aavaulted him bad told bim that thoy acted ander the command of Mayor Woed, The duty of the magistrate was, therefore, to subpana the assailants and compel them to testify as to why they had made the arrest fio asked @ distinct aecision as «Oo whether a citizen could. be arrested op mpilaint ike this, unswpported by the allidavite of witnesses or by the name of the informer of the com- plainant, Should a magistrate iesue a warrant for tha man by whom the criminal said that he had been com- manded to commit the wrong rather than the erimnal himself¥ In relation to the answer to his second point, “that the Mayor could not be tndicted as was conieme Plated by this warrant, which was that Pub io ofhoor can be indicted for official misconduct’. he deniet in’? Thero was no charge of ollicial misconduct in the afDdavit of Conover. There was no charge that Fernando Wood, Mayor, had “wilfully and corruptingly” done any wrong against the complainant, Was there auy comolalut thas he had putan improper perton in the Stre«t Commission- er’s office? Nope. The Mayor had been accused of as- sauling Mr. Conover. They admitted it, and alleged thas he had a right to do it as a magistrate in the discharge of bie duties, ps wedabeniqamgua @ counsel for Mayor Wood, Judge Rugeell raid he shontd tale time to onsider tha question and prepare his decision; he wanted all the pa- pers in the case, ad, in the meantime, the Mayor could remain in the custody of the Sheritt. ‘The District Attorney wanted the order endorsed en ihe be Re cell nal that ‘it necessary; the M: judge Russell 8 t it was not ; the May would remain in the custody of the Sheriff untt) farther orders, Tho District Attorney wanted his Honor to name tbe time for the decteion. Judge Russell said that be shoukt be as expeditiou: aa Possible, and shoul provably be ready on y or ‘riday. The District Attorney claimed that they should sdjourm to a fixed period, Afver somo argument, Judge Russell adjourned the deci- sion until Thursday, at IP. M.,and #0 endorsed the back of the habeas cor pus, remanding the Mayor to the custoly of the Sherist. OCCURRENCES AT THE METROPOLITAN PO. LICE HEADQUARTERS, The quarters of the Metropolitan police, No. §8 Whita street, presented a lively scene yesterday morning. Al) we men who were not exhausted from the previous nights watching were on duty and ready for any cal) thas might be made upon them. Tho Commissioners mot at ten o’elock, and after a private session of afew minutes announced that they would enrol all the special pelicemen who were willing to serve. The work of swearing in then commenced, and up w4P. M., pearly 500 special policemen were enrolled in therank: of the Metropolitan, To distinguish the from the Municipal police they were ordered to wear red ribbon ip their coats, and a dead set was made at the retail dry goods stores in the vicinity for a su the neceesary materiat. The ribbon trade has not active in that neighborhood for a number of years, ing ‘he morning crow ds assembled in front of the house ite street, and all were on the sopasation. Tt acems that nearly been enrolled are natives, and \t is that character is ought to be given cipal struggle. There were plenty of men rows of serving in he Metropolitan rank, and no day the office was thronged with applicants. o’clock it was announcea that no more men would bo taken that day, but the applicants were notified to be pro- went at § o'clock this morning. ‘The new mep were immediately furnished with clubs and mounted their red ribbons. Some of thom wore takea to their reapective etation houses and drilled, but the ma- on etood all day idling about the street, and evident) much tmpreseed with a sense of their own importance. t number were put om doty to keep the streets clear, but as the walks were meiuly encumbered with the new po- licemen, and as one of them was as good as auother, all gnve orders and no one oheyed them. About noou the Metropolitans became ferociously h:ngry, and a clamor was ra‘ for something to eat. (om- ——- , who ye C ve all Ao responded to we call of thelr cober: .apprase their appetites sent for « large cheese and a barrel of crackers. This fodder was roon demolished and another cheese and barrel of crackers ebared tho vame faie. And thus the new men d their first day, eating crackers ana 90, ficnriabing their clubs and lounging about the streew. In addition tothe special policemen appointed, the fol- lowing were enrolled as regulars and will act aa Sergeants to the others: — TwRUTH Wan. J. K. Phillips, H.C Van Orden. SUY@PEMNTH WARD. %. Lavender, J Wille. Tast night a foros of twenty-five men were stationed ab No. 88 Whito street, to gaurd the building, CONDITION OF THE WOUNDED, ‘The majority of the Metropolitan policemen who were wounded were in a comfortable condition yesterday; but afew of them aro feared to be in great dangor. Officer Ferguson, of tho Ninth precinct Metropolitan police, waa ina very low state from the wounds he received in ihe bead. It was fearcd be would die during the night. Oticer Crofert, of the Seventeeuth provinct, was also very ili from Whe effects Of severe contusion over the eye. His wounds were much {uilamed, and he may not survive bis injarier. Officer 8. a ao the hy i, wes Ss a mort es Caitlin So “omlicors Leighton, Burlison and Swezey were provouno> ed much betier and out of danger. ARREST OF POLICE CAPTAIN BENNETT. SUPERIOR COURT—BSPROIAL TRAM. Before Hon. Judge Hofwan. Coroner Perry brought before the Court Police Captain J. W. Benoctt, one of the parties chargod with the Mayor aad Sheriff with assaulting Mr. D. 1D. Conover, the Albany Sweet Commissioner. The Coroner asked the Cours for {wetructions in the matter. ‘The Court said that the Coroner had nothing to do but accept bail for the defendant is the sum named, ($5,000,) an | the care would be beard on the 18th inst. The Coroner and the Captain left we court, amd the re quired Dadi was soon completed. MOVEMENTS OF THE MILITARY. Pursoant to an order from Geo, Sandford, nine regi« ments wore under arms all day yesterday to preeorve the peace. They were ax follow = Fourth Negiment . Colopel Flincken. 2th Regiment... Colonel Sch warts aaider, Bixth ebsdes Colovel Pinckney Fighth Regiment....... Colonel Lyons. Nwth Negiment Colonel Pitein. He ogiment.... Colonel Van Baren. Twelfth feciment. Colone! Cocks. Pitty Ofth he Colonel Lega). Seventy first Regiment Colonel Vosburgh. Te all, there was about S00 men uniter arms, aa several of the reg ments turned out slim, They were mustered ss their respective heatquarters early in the fay, and marche: to the arzenal, corner of White amd Fim sires. At noon the men weré mustered, aa it was expected whey would be called to the Park, but not being wanted theit arm Ce the seidiers amuse! Longer id jo eeting, drinking smoking, onti) the afte p20, o'clock, when ~~ ny it bewmg sinell they should hold wea io roadiners for any emer- gency. Th seems the Washington trays were 0 as fortn~ wate a6 the National Guard, nv getting of on tasir exour- sion to Borten on Tueaday evening. Toey vere dotained watil yesterday morping, when they left in the 6 A. My express train Bunker OUTSIDE SCENE. ‘The anxioty to boar tho renult of the interviow betwoom the officials in the Mayor’ olfice was very great, and many ‘ore the conjecturer as to the probable resal. The general suspense WAR Soom raiher enhanced by cons! derable commotion at the door, and there was for @ moment rome fears of a row. Considerable relot, however, was cxperienced when it appeared that i was only Onr corpnient Chief of Police vainly trying to get through the opening of one of the folding doors, The difficulty was soon rolleved by the open. ing of the other door, amd the Chief got out safe. : ” i oy a eee ee a toon followed by Monare. Carpenter, “peight, @eneral Sandford and the others, who were soon sarrounded by eager inquivics ae to what wae the result, They, bow {CONsm WED ON RIGHTS Frage)