The New York Herald Newspaper, June 26, 1857, Page 1

THE NEW YORK HERALD. WHOLE NO. 7604. ne ae me ae — a a eee aaa eran a Cn MUNICIPAL TROUBLES. Q Were youthero? A, No, si Q. You forcibly put him ont? A. Yoo, sir, know who was there. K Did apybody coma to your A. Yes, two p ics See eee Q. Well, air, thea will you ploaeo to state who was } or throm camo; but I tok! them to keep off th eee eee there? A day eee ietaia Stare ware 8s Sgbting tan inthe Daitdings A. Ido ‘Brady — etter put in the 4 ; 3 INTERESTING PROCEEDING! IN COURT. ¥ Field—He says ho predlas and I wish to hare him er Pelt me doy ‘a the abit of associating with such he state. os Mr. Brady—Do you wish the names of all tho distinguish- ed ollizers who were present? Wr. Ficli—My question involves his knowledge aa to a oT +R of the Hall of Records. r In the Oty. were there apy fight men there? ‘A. Not po far ag] know, _ &. Yon were inside? A. Yon, sir. Q You saw none and believe there wero none? A. Yes, sir. bat “yaad A. None but the Q. Were thers an; ordipary ¥isitere to the Oi Q You do not consider ing men ordinary visiters A. I must aay, Mr. Field, that I was in my office from 9 o'clock until night; who was in the vicinity ef tho Hall of Becords | do not know; I may have seen you there. Mr. Preld—I was where ip the vicinity, in the company of on officer who was looking fer you. Mr. Brady——Well, he did not succeed {n finding him. Mr. Bustecd—This is levant. THE WAR DRAWING TO A CLOSE. The Mayor Discharyed from the Al- j ‘leged Conterspt of Court. THE WABEAS CORPUS CASE. THE DECISION IN FAVOR OF MAYOR WOOD, COMMISSIONER CASE, THY: STREE' Mr. Field—We will the }or’s irrelevancy and . T soine tonothor and cal thems uit? Thess bro lnsport: eee at ce MO noe ais I understand that so far as to Mr..Gonover’s Mi yor Wood, Comptroller Flagg, Sherif? Wil}et, | eycuon trom tho office or rooms in tho Hall of Records Deputy Commissioner Turner and Captain Sven ersere se divetions in Vie maton? ‘A. gave 00 Bennett on tho Stand, direct orders for Dis ei Q. Did you give any indirect ordere? A. 1 desire to say | seein RES Told tr, Tarner thet be tas Deputy Sirest Comaieioner ner oe Wes wmisel ‘THE HARBOR AND DOCK MASTERS IN COURT, | that bo should be prowctod in the discharge of his duties ‘until there was a -person appointed in lace of Mr, &o., ko, Xo Taylor; Mr. Turner desired to be and called upon me, and officers were placed there for that purpose, that there should be no obstruction to the discharge ot his duties; what occurred there I do not know; I ain told that Mr. Conover was ejected, but } do not know he was there to be ejected, OF ENERIET WILLET, TRETIMON Mr. Willet was sworn and examined ‘THE STREET COMMISSIONER CASE. YB APPLICATION FOR A MaNDAMUS AGAINST STREBT COMMISSIONER DEVLIN. AUPREMB QCOURT—APECLAL TERM, Mr. Fleld. 7 Before Hon. Judge Peabody. Ey dg ppc the city and county of New , Damm 23.—In te maticr of the application of Baniel D. by ley, ed q Q Was Mr. ver ejected from the room of the Street WPenceer to compel Charles Deskin to deliver to him the books | Commissioner's office by your ordora? A, Not at ali, sir. wad papers of ‘he Strect Commissioner's office.—Preciaely ‘ai eleven o'clock May or Wood entered court aad took the wetend. The Judge was already on the bench, and the Yeounse) entoring in a fow moments the Court opened, there j Being a largo attendance of spectators, The examination Fe ee: by amy perzon under your direction? . No. air. Did you deputiae any of the ‘or’s policemen? A. 1did Dot, ir. ° d lead Q. Did you deputize any pereona at the request of the Mayor? A. I gave him mane ree Deak doputations » » @ Mayor Wood was continued by Mr. Field. ae eee edu ov @ Was Mr. Conover ejected from the Street Commis- uaa did be make them? A I think it was on os jonday @oner’s office by your order? A. No, sir. ‘My. Brady—! object; that is the question that was argued. ‘Mr. Busteed—We will suppose the question not answered fer tho purpose of argument. ‘Mr, Brady—What {a the question? Mr. Field—In relation to the same matter? Mr. Brady—What is the question? Q. Did Mr. Bennett Q. About what hour? A. About ten o’ciock. Q. There were given by jo blank? A Yos, sir. Q. For what purpose? A. To preserve the peace. The requtattion upon me stated that purpose. . Did these conttuue In force until Mr. Conover was ejected, A, I think they did, sir.—that is, until I heard that he wae ejected ; when I heard that I immodiately wept over to the Street Commissioner's office and met Cap- ont ender your orders? 8. when wan that? A. Ou Tuesday, I think, in tho ‘Mr. Brady—How oan that affect this procecding? This tng, sates ot aa a 7 a | tm net o proceeding to restore a party toa reom from which place + Daal Captain Bennett by ‘ é whose authority any on wes ejected from the Street | Re bas deen ejected; It is to got possession of the books and | Ooromissioner’s ofice” Ho said by whe Mayor's, I asked ; Ddelonging to peers. Why should we go | him if ho ; a trial as to what has done? Mr. Brady—I object to the conversations. ) _ air. Pield—This qnestion arose out of the affidavit of Mr. Q. What did you say to Mr Bennett? A. I asked bim | peme voy me nia ee EE pee onpersation I tld hint har't thowt re” ter a brief conver re Mr 1 totale it ie waits to cok tho whneas oxy Yoke thet warrant: I asked bin for H; bo said he had left qpeetion w 7 0 | {tat home; he bad t, as he was ieraan well kuows iat Chore i ay thing ecimed | ts Capine of Flee. ae . wr proceeding he can use now . Did ten tl AL sir. agent ihe Mayor, If ho wishor to chow that Conover | & Did you levy non edad id you | the books and » Ne tek posscetion of the franchloe, books end papors,he | ast D* 7" levy upon asec dag @ampct chow it, becouse Conover was never in 5 Q Have you lent it to Mr. Devlin? A. No, sir. i ialaledecmerspenianta a a cy a 5 only cont was Mr. Fieli—If Wood put Conover ont of the office they Q. When did you levy on execution? A. I think it was Bave pat tp an affidavit which has nothing to do with ihe ease, and should be left out. I wish to show that the af- ‘avit was incorrect in saying that Cosover was put cut on Monday; the Deputy informed me that he though! was necessary. Q Previous to that time had you scen the Mayor? A. by the Saeriff, but by te Mayor or his policemen. If this Yor, rir. easimopy is bo be oxciaded you must exclude the aiti- Q tan Na pei enna ‘ree: | @ Was between Mayer about Brady—May it please your hopor-—— amet fanaa, oir. Brady—There is no usc of your pathetio appenta to | had execotions? A. I think sir. Tam inexorablo. If an unnecessary affidavit was put Q@ The conversation between yuu and the Mayor related was in answer toone that the other side pet in. If | merely to the deputations? A. ‘es, sir; he asked mo for ape at Sareea ont be ase, 0nk vaca by | them and I told bim that with a written requisition I would }, & would be the best evisence wo wore ty | give them. Sa irae vecee rae ee can wn | Bayou tack owt opanes thats ited ou Me uy Court—If # will do you #0 much good why do you J puelerenists edhe twee took Ter"araay—tt in enurety aide fom we case; we aid not Tho Court—Why object if it witl be advantageous to you? raituro of the departments. Xr. iy—I have no doubt that it will be advantagsous chargo of the office furniture in the ‘© as, but Ido not think it ‘There waz po necessity for it. Mr, Fieid—Do you admit it? mot know any particular reason why ho le- ™ gasover was turned out of the 0 ee ae was a pony spat oe » these executions still outstanding? A. They are urt—Mr. Prove Conove: ‘ae Captain acting under do pot know fy , Rustoed—Tbat bas the same objection. possession of that A. Ihave Mr. Freld—Is not that settled! or. Mr. Bustoed—We will see. ? A. Mr. Vultee eiidavit of Charles Devlin ou taken any stops toeelly A. No, sir; that’s erting him the question w! any instractions in reepect to force. tu tho Street Commissioner's todo this? He can best rooms kept shut by }our directions? A. No, sir. alleged to bave mado tho ejection. you know who put up words “Private office’’ ‘The other (0, sir; thero were jsome persoas trying Mr. Bosteod—It is adm! Tstopped tent, The allegation is that Q. Did you stop Conover? A. There was a crowd, Bot examine tho Sheri? whether be was in {t; wo put dopatios “ithe Ooort—Thero ts an objection directions not to \aterferoe with any- pgs py ts body going out of the oflice, but merely to preservo the to r (his wit enewer, B may bs groced for bus 20s Q. Did you at any ime desire to keop Oonover out? A. Mr. Field—If the Mayor No, air. Hi xonsed from snswerl: Sen eee — eeee @ruminal prosecution I wi missioner's office during theso three days? A. Not at all, ‘The Oourt— Ho will aval cir, * me choonce, My ‘don was that Cross examined by Mr, Rrady—Q Were you prosont 4 re Tew . | when Mr, Vultee mado the levy? A. No, air, Mr. Tibink T am entitled Wood Q. You know only from his statement? A. You, sir. ‘whether he gavo orders to Bonnett. @ When did you first it yourself in the Street bye gy pe pk ne ey ah oy ay Commissioner's room at all? A. | think it was on Mooday force, act under your directions? A. So far as Mr. | morning. nett acted! for provecting Mr Tarner in the discharge of Q About what time? A. Ten o'clock. ‘his datics as Sirect Commissioner apd the preservation of @ Whom did you see there? A. Mr. Turner and a large the puave In that office be did act wader my directions. crowd; I saw Mr. Conover there, @ Did be ever eject Mr. Conover, or any OF Q. The room was quite fall—ae foll as thie ia, compara. eh ? A. Ipevor gare him any a to oject | tively? A. Yes, Sb rcaccer, beconse 1 never cousidered’ ir. Conever ta Q What was Turner doing? A. He was attending to Be offion to be the duties of the off.ce-—wi Q uid you g & 4h! to eject Mr. Conover Q What was Mr. Conover ? A. He ant alongride from that room’ pa FL Re of the railing im onc of the rooms. , fo room; I never knew that he atlempted to perform tho Pa ph, CO A. About throe minutes. @oties of Stroet Commissioner. @. Did you do anything in you official ? ANo, @ Ihd he < joot ar, Conover from bis seat in the office by | sir, except iv keeping the crowd out of tho door. year direction? A. Not so long as he behaved himself. ‘@. When did you next go there? A. [think the next Q [hd he behave himself? A. I have hoard in the news- ~~ Ubat be came there with bullies to take possesion, a did then seo? A. Captain Bennett and Set ibe Shortt resimed him. ten or fifteen . Q War that resistance by your direction? A. Ihave an- @. Was Torner there? A Yes, sir. @wered that qnestion, rir. @. And Conover? A. [ think so. Were any of your policomen acting under directions . Did you ever see Conover there but once? A. I did of the Shei? sce him eating Busteel—The Sheriff himsolf is the witness as to What ele BS Mr. Braty—I chject to the witnors stating under infor mation. ‘The question was ruled ovt by the court. Q When did you first know of tho exceution auinst the ckty by the Zherifi? A. I think one of the deputy sheriffs avo ote sag odie ond tid me that the office was in pos rou ever, after, see Conover mm that building? A. }, air. you seo Devlin there at any time? A. Since hie <e = z > E Gension of the Sherit. know only »; A Only by report. @ What day? A. On Monday, sir; I speak from recol. Direct reen: by Mr. + .—\Q. You do not remember tecdon. being tm the office ot any other time since Cenover’s, ap @ At what time of the day? A. I do not recollect. priciest than the two days when yon sow him therer @ Had you not previously had an intervie ¢ with the , air, Sherif about the matter! A. Positively | never beard of @ Did he not show yor 40 Governor's commission? the amstonce of It. A. Yor, air. Q Sot about sonding a force there Ay bey penne Q. He was inside of tho railing? A. I think not; he ext? A. No, sir; my recollection of that is that I suggewt- | might have been: I think it wae outside, by the private ed to tho Sberitt the propriety of deputtaing ome persons, | door. mw thore was 8 controversy about the legality of some of Q, Id Conover attempt to co into the private door? A. We polier: I think not, sir. THE MAYOR THINKS COCNERT 19 PERTINENT. Q. What dia_you tell hin? A. f told him I had nothing Q. War not the lovy of this execution arranged between | to do with it; I did not recognize any Commissioners; it you and the Sboriif fer the purpose of keeping Mr. Coaover | waa none of my business. ‘@at? . A. No, sir; that (ntimation is entirely unnecsssary ; TRETIMONY OF CAPTAIN PRNWETT, ‘also state further that the question involves an Captain Rennott was sworn and examined by Mr, Fok. pertinence on the part of counsel @. You were captain In the late Municipal police? A. I Me. Frett—Woll, I will say that it does not, at ® captain in the Municipal potice Borteod—Well, there you are at lasne; now fo M™. Q Ses Soe Sen aera = Fe came bee’ A. Lam, cir, Q. Had yon agy arrange: with tho Sherif Mr. Q Were you ai the Hall of Records on tho ith, 16th and Conover should pot ge iato the office? A. No, sir—none, 17th of Jone? A. I was, air. @ Had you any such mt with anybody? A @. In command of a force? A. I wna, sir. No, sir; por do I believe there was any such. $ Under whore orders? A. Under my own orders, G. Tho oxecrition was mado in the regular course of bu- . Did you reosire any orders from ihe Mayor? A. No, shoems? A. As far as I know. sir, Q For what purpose was a large police force assembled @ Notatall? A. No, etr. near the Hall of Records? A. To keop bullies and rows ies Q No orders from anybody? A. No, sir; 1 was there from interfering with Mr. Turnor io the discharge of the } of my own free will. duties of the office. Q. “Did you of your own free will take policomon thore? @ Had you any information that there were bullies and | A. | did not policemen there. Towdior asrembied, and likely to come there to make any @ a dg A. You, ar. @atorbance? A. | heare a rumor, Q. How many? A. I cannot say, sir. @ trom whom? A. Well, sir, I cannot recollect the in- 3 About how many? A. About adoren. digidnals. Did they eome to you? A. Ido not know #ir; I did Q. Who communicnted the fact to you? A. I cannot | not bring them there were there whon | reootlec’ Q. How happened you to go? A. Because I thonght pro Q. Lad you anyfoomnranication with Mr. Conover in re- | per, sir, ference to the assemblage at the Hall of Records? A. No, Q. Id you recetve incre Ren seats. 4. I or. Orr are ‘no, str, again. Q. Ma you give the police that were assembled abont a wee the motive or your going? A. The the hal) of Records on the 16th of Juno any orders’ A. | object wae that! saw a crawd around, a oamber of sir, none directly. , and as I fou authority as my- any indireotly? A. Yea, sir self | took command. Q. What wero the direcions’ A. To prererve the peace, Q. Well, sir, then I am to understand that you received Mr. Tornor’s righte, Mo Devlin’s rights no orders from the Mayor at al? A. I have givon you @. Are you willing to cell what was your business with | that anewor, sir, uy Chiof of Police on Sat: rday? Q, And none from the Sheriff? A. No, sir, although I Mayor Weoi—I desire the Court to understand that 1 | held the warrant of the Sheriff, ave expreened no unwillingnoxs to Answer aay questions, Q hog in Court when the Sherif! was examined. and Tam ready to answer tha'. A. Twas, sir, @. Will you snmwer that? A. I will, sir; the rule of the Q. Do Fou recollect the conversation with him? A. No, aad Is that tho Chief of Police ‘reports to him | sir, {fo,the captain wan underetood to Say, Preceanton ple orotock tn the morning and Lig; it Q. On Saturday? A. | told him that I was not acting un- os ‘bg the regular police business of the city; } der his warrant in the ejection of Mr. Conover. 1 D0 recollection about it precleely. Q Did you on the provious day eject Mr, Conover? A. 1 Q. Do you know that thero wore any porsens known as | did, air. rs Wty a oe of your police ? ¢ @ How to you know 7 1 A» Weill, I know that there were we " ay. Captain Bepuett—I told you, sir, that I am notin the babit of knowing such men, &. Did you se@ any there at that time? A. Nopeto my knowledge wae he you on the next day? A. Nono to my know- ige, sir. On Ruetey morning did you also eject Mr. Conover? sir. Q you do that by the Mayor's orders? A. No, sir, a Lao ong Conover ask you by whose orders yoa acted’ en, sir. |. Did pot you say by the Meyor’s orders? A. No, air; Teaid as a police captain. Q. Was that all you sald? A. Yes, sir. Q Did not you tell Mr. Conover that you had orders to ¢ject bim, and that if necessary you could get L00 men to do it? A. Ido not remember, Q. You will not be positive that you did not? Crors-examined by Mr. Brady—Q. What was the mode of ejection of Conover—how was it done? A. Well, it was being Barwa hr. Turner—I do not whether waa econ: Covover ‘ with may reqiest, and T 00k tpou myeolt com; may reques| upon forcject him from the offeor Q Who did you get your deputation from? A. I have Iein my pocket. Q you get it from the Sheriff? A. No, sir, I have had it since last year. Q fice pose nerd A. Yee, sir, some persons — to some orders—I do not understand the preciso wrainess, Mr. Brady—For permite? A. Yos, sir, he gave them to er Did not you see Covovor doing that? A. I did not, sir; be bad no charge {a affairs of that description in my presence; Turner took a book to fillthem up in my pre- genes. Q. That was on Monday or Tuesday? A. I could not sir, "*Y ‘Was it not after Mr. Conover was turned out? A. It was in Mr. onover’s presence. . When Mr. Le apadny ono prt which room was he? t-) RVIDANCE OF DEPUTY STREFT COMMISSIONER CHARLES TURNER. Mr. Turner was sworn, and examined by Mr. Field. Q. Were you in the Street Commigsioner’s office on the 13th and 18thof June? A. Yes, sir. Q. You have been deputy Street Commissioner under Taylor? A. Yes, air. Qa Ps ry , Mr. Conover ejected from the office on }, Sir? A. Capt. Bennett was one Q, Who was the other? A. I don’t know. hear Mr. Conover ask by whose authority A, He may have asked that. Q. Dié you hear him? A. Ido not think I did, sir. Q@ aathorit, time during the day tell Did was dene the authority to do what he did? A. He said he wes acting under the Mayor’s orders and orders of the Sheriff. Q. When did he tell him #0? A, Sometime on Monday morning. Q. time? A. About half past ten. at Did Bennett stay there allday? A. No, slr; not all {He was in and out during tho course of the day? A. Q this statement of Bennett made to Conover in anawer toa question by Conover? A. Incidentally. Q. He aid be was acting ander the Mayor's re and Sherit’s? A. Yes, str. Q. Did you tee the Sheriff give him any directions at all, au 4. He told iat 1 heap ibe panes, ie’ veil ‘ere you present w! er “ ve ordere? A. I heard none. baal sh es Q. Were there men there that day? A. I iminmmadupae 5 Ww BPuee. mee A. Ido not know any fighting in, a Q. Were you present on Tuceday when Conover was was A 4 Q. Who did that? 4. Well, I do not know—Mr. Bennett - he had a foree of five hun- A. No, air; I wae not withte df. he had orders to eae ‘ ‘Sem ve a ? A, Ltold him I wished Mr. Co. out ; Wf there were any orders, I You do not know that anybody elo gavoorders? A. You did not hear that tho Mayor gave orders? A. one word, sir. Nor the sheriff? A. hey eftehgc z Fy . No, sir, on of ihe obi fh EBook PELLEL: he had heard that did you tell him? Ho sald appointment made by the Governor! been an coh ¥o8 ery |. Tid you recotve a message (romthe Mayor? A lermen came across in a body. Q. What was the response to your messaze to the Mayor? A Le . Did Alderman W! act as spokesman? A. They most all spoke. @ Did Alderman Wilson give any direction? A. He dwected me to hold on to the office until there could by ——— = Ss about force? A. He told me to take anethe and they would take care of me. @. What did he do to protect your A. He brought we policemen to me. ae A. Loannot say; there were not more by har. Brady—Q. Whe: b . Whea wore you ap. poriotendeat, Mr, Turner? Tao Crowe examined Deputy Say ‘A. On the you been Deputy Superintendent? 5 im vanuary; I was employed in the ofilce Loy G&? the Grat of August @. From the %h to the 13th of June you discharged tho duties of Street Commissioner? A. 1 Q And continued to do so until what time? A. Dott! Mr. Devlin came. Q. Was there any official act done by any other person of Gana mmentat canes . ad kn jocumenta a) to ume Devlin took possession? A. | had. Mr. Bustee?—Of the keys? A. They were in my pw teesion. ? A. Tald, alr ‘130 inst Q. Did he come alone? A. No, sir; there were fifteen or sixteen person with bim. Q. Flow many bed you’ A. Two, and a’terwards thro $a" Know some of thove teen oF sixtooa? A. Do riley, « Councilman down stairs, and (nree more. Did they all como in a boay? A. Yos, air: they marobed in two by two, it appeared to me. Q How long ¢id they romain? A. When they found they could pot get in, somo remained, others went ov, there was much converration between Mr. Draper and Mr. Hawes and cthere—they probably staid unt) 3 or 3) 0 clock. Q When did he come again? A. On the next morning; ‘fs jittle after 9 o'clock. No, sir; there wore some of the Mo & Alone then? A. tan Police. . How many? A. I canmet tell; I knew some of them by sieht. 7 Had there been any of the Mayor's police thore be. fore? A. Yor, sir; about an hour or an hour and « half. Q. What do you mean by “ejected - day afternoon he was carried out by the police; there was 00 violonce—no blows struck. or. eck? A. None, On the Tuesday be waiked out! A. Y: to perform any official he not grant « permit for bullting s vault? A. Ho had no right to do that—that is contrary to law. (Langhter ) Q. You raid he could not, becaneo he had no power? A. Hie could not, because it would be contrary to law; it is none of cor businees. Q. Did he net grant a permit to remove some rubbish? A. Not that | know of; not in my presence, Q. You do not know—he might heve dono so without ‘ont Mowing it? A. Not in my office, sir; he may bie in the Astestor’s room. Q. Which i: your rcom? A. The second room. — signed such permit you do not know! A No, sie. Q. Did you trausast buriness afer he came? A. Yony 1 Pwned at tod vari ite, received 1. @ < Lgrartod varions permite, a ters from anewerod ‘hem, directed the gontiomen, et Pty ey ‘The disturbances did pot affect you? A, Not om . Conover claimet to be Street Commisaionert |A. ¢ a he Sane bia —_ . Seber scma tg! LS a W Sivom # tt man good slew A oc teoniega boi 2 prstevorl) Jewvata’ How! Bo sea. rmtant?. bre yhoo 18 mi ov uaint stadt eb at BIST yan MORNING EDITYON—FRIDAY, potent edt eodw dont Q. On the Monday Micriover? morning he claimed to be Street Com- 4. Yes, sir. Q. Wore there any pergons thorc? A, Yes, sir, I dad ‘Sherif’'s offtxers, Q. How many? A. Twenty. Q Were of them policemen? A, Yes, sir. Q All? A Not all. Q How mony wore not policemen? A. I think (here wo Who ie Sherit'n dopatica? A. No, a . were Sher! A. No, air, Q Was there any ono thera in the employment of tho Sheriff except policemen when Conover came on Tasaday morning? A. No, sir. Q Pid Conover bring polloemen with him? A, Thore wero three op Saturday. Q. Did he bring any policemen with him on Tuesday morning? A Tcansot Q Who did he bring? ‘A. I cannot sey; there were Mr. Sileox and balf @ dozen otbers. Q How many of the Metropolitan police came there? A. {cannot say. @ When he came on Saturday, did he come with ‘ifteen ortwenty? A. I should eay ty eg Q Were any of them ompoyed in the building? A. ‘They m'ght be, Q° Don't you know it? A. Inaw there were a great many from the 3 office. Q They did not como to make & row, did they? A. Not that I know of, Q. Where was Dooley employed? A. In the Tax Gom- missloner’s oftine Q. Up to the fist of May he was inyourofice? A. Yeu, er. . te Dosh there? A. He bas got an office, but dees not uch. Croes examined by Mr. Beady—Q. The Draper spoken of was Simoon Draper? A. Yos, rir. sl Q. Who was the Mr. Hall? A. It way Mr. Hawes. THBTLYONY OF PRPUTY SHNKUFY VULTER, Fxamined by Mr. Held—Q Were you in the Street Com- miesioner’s office on Saturday, the 13th of Jane? A. Yee, air. Q. On Monday, the 18th? A. Yos, air. @. By what aut ? A. By virwe of my office, to protect T bad levied upon last year. ‘avn Ho ‘execution tha} you levied, tuat levied last year? 8, . ‘Q. What timo? A I furnisbed a» memoranda to Mr. Buateed of all these executions. Mr. Boateod—It ia get forth ia ihe afidavit. Witness—There was a lovy for a small gum of forty-one dol.ars eighty one eents, isenet on Katurday, = . Do you say there exegutlons were le ‘Dent acted an his clerk during the day "o fete Maes enscstions which have been x ie fe oe ho Yefureds Mr fe - Ir. Vonover to Wve; Mr. ver Hi . ner paid? A. Yes, sir, a great many of them we orders to officers to have the offics cloared; Q. Levied on the same property’ A. Yes, air, that was Q You bave never advertised for sale on these execu- tions? #& No, sir, Q, Had you received directions to wait? A. No, afr. Q How happened yeu to go on Monday to levy on this property? A. I had two orders to stay my proceedings, ‘and therefore | nad nothing elec but to obey tho orders of the Court; the reason that ( went on wag that [ had beard that there was a very Jarge number of people ommissioner about the Btreet Co # office, and I went to pro- tect the \ Fas ae deputed @ special person to take charge of the peer, Q Who? A. Mr. Masterson. “a, a you beer requested to do so by anybody? A. No, elr. ‘ G. Was Conover ejected by your order? A. No, alr. Q. By apy person under your dircction? 4. No, sir, Q. Did you endeavor to fere with bit posession of the office? A No, sir, Q. Did anybody under your direction? A, No, sir. Q, Did you levy upon the books, papers, &./ A. No, Lo mame of the books, papers aud 10, t¥om to Daylin? A. No, sir. know about the depatations gtyeu by the Sheriff? A I knew they were in existence. iy ae the policemen bave these you apy f Yee, air. a policeman? A. | believe he was. Did you not understand that he eas one ot the Mayor's ieamen you put him in Shere? A. No, sir. Did Willet tell you to put him im there? A. Yes, sir, Wi you learn that he wasa policeman? A. the copy before the original was Dn sa as pe oc «ar maa bo a star? A. clork einco Mr. Taylor's election; No, sir, Was MePhersen there? A. I do not know bim. (. These executions bave not been paid yel? A. They aro etaid by order ef the Coart. Q They were staid on ? A. Yes, alr. \Q. Were you in the rooms much on Monday or Tuesday? A. From about 11 A. M. to 24 P. M. Q Did you hear Bennett wll Conover by whose antho he ee A. I can’t say, sir. Field announced that these were all the witnesses ho would cail, He would read depositions, and if the counsel wisbed to cross-examine witnesses they might do so. Ho then road 4 ‘BR RARRISON REBD'S DEPORTTION. sos, and County of New York, —F. Harriacn Rood, be- on Saturday, tho D. Conover seo Mr. ver, the mexsengor at the same time etating that be hal {oformed the Wayor that Mr. ~ ‘was official, and that ho bad official him; and Mr, Conover ,after then jeft with his bond and proceeded to the Comptroller's ales, where ho then dled it, and that tmmediately after fo Chng {t ho went into the Atreet Commissioner's office, ano then and there took pozsession of tho said orlleo; that dutieg the time deponent and said Conover wore wa! og in the Mayor's effiee, although admianion to the Mayor was relused Mr. Conover, other persons were admitte? to him Ubrough both doors leading to said private afflce On cross examination Mr, Reld towidled that he had eee erent had nothing to do with pro ourlng the Mayor's office to ace Conover fle hia papurs with the Mayor; Mr. Jones went with him; they were the only two; Mervin B, Brewer drew the oath; heard the bond road; the umount war $10,000; it enjoined faithful performance of the duties of the office: «aw Conover sign it; was one of the sureties; thers were several witnesses, Mr Angustus Covover was the other surety; did not sec bim sign; saw the Mayor sitting in bis private otlles; wen; Wo tho 0, (thinking be might come ovt; saw hi 0 thi the crack of the door; called Coacver, and stated that he had botver come out; himself or Conover did not | the speak totbe Mayor at all; taw @ young policoman stationed ‘at the door of the private office of the or; asked to +00 the Mayor; bo went and told the Mayor; said bo had told the Wayer that Conover had official Weerve. Mr Field then road tho affidavit of Join W. Gridley, as follows — Joba W. Gridley boing sworn, salth—That on Saturday, the 18th Jane lnsi., he vas at the Mayor's oflice, boiween the hours of 12 aud 2 o'clock; that ho caw Danie! 0), Oono ‘vor in the genoral offico of the Mayor, trying to got adm. tion to the private office of the Wayor; that he could not act euch admis ion, that Jeponer: then wout into tho pat tage onteide the coor of the office, in whish there is a Cour leading to the Mayor's private offic; that ehilo de. ent was sanding in said 0 the come to taid door, looked ont, and im nediately clsed the door; that thereupon Mr. Matsoi] came up and went into the }o*'s office; that immediatly after Matscll’s entracce two other persons Came aod were admiiled: that then Mateol! camo gut, and standing «! said door a police man, whom ho directod pot to admit & living soul to tho Mayor's office unless be was calied for; that Jeponent re mained in the 0 walil Mr, Couoves loft the office, and him to the Counptrolier's of ice, where Me. Conover wold him that he had been refuse admittapoe to tho Mayor's office, oxbihite? to him bie commission. end Bled with bim his bend; that Mr. Conover then _ to the Street Comm!-sioner’s ofice, aanounced ap pointment as such eommiestoner, exhibited bie Comat ‘slap and Wook possession of the office. Eworn to pefore mo, June 25, 1867, nf ESR, Cominieoner 0° Doo’ r ; se ¢ 4 pales tenreae art Pa aetna ay “4 ire of pd, hia teatimony-War worrot give of the lows — Clty and County teal? ye meen ye it n in whe aes of deponenw ah 4s as J er proclaimed Deen duly sworn, guy pled demomicial bonds, and done wv0v Yael sented? od) W volte) cawart eam HAT bege, deat duet oc? we Yio tact at bold , cant cals dard od? ‘oe veldaao aor Dada ates pew 4 thas be Ada mont from the Governor; wont to | tho M nose | Cthere w rea. ibe eame fitno ncmitted through the withers Mr. Field next read the aifidarit of John Colvin, as fal, PRICE TWO CENTS. to enter upon the discharge of his officis! thinge pecesear: duties, and that he demanded of the said Turner ai! tho books, 6 to bis sald ra, aps and documents pertain.o; Commision jor; that the sail Turner denied snd refused todeliver up the This deponent further raith that im the office, im peaceable nossoseion, until aboat four oolook, tho usual hour for closing, whew ho le, This de- ponent fu: ther saith that on Monday, the iSth .vrtant, tho faid Conover came into the said Street omcmiaoner’s @ about 9 o'clock A. M, and remained thero Seen paecesion uaull the hour of closing, about 40°sloek i’, M , when he was forcibly ¢jeoted by John W Bennett and othera, in the garb of policomen, who acted under the said Bennet ’s orders. This depouent further eath that on Tuesday, the 1th instant, the sad Coaover again entered the office at abont tho ueual bour of 9 o’cloek; that he remaiaed there peacesbiy unti) abent 10 oF 11 o'clock, waen ho waa \ olently put out by Jobn W Beonett ana otbors acting under b's direation; unas tbo sald Prociai ned that he was acting by the orders of the or, thai a! ar he »as ejected the @aid Benwott took the said Covover by the band and wall, ''Conover, you must not blame .0¢, for | am only sing, by the orders oe aa a wn N COLVIN Sworn 28, before mo, Wa. 1, Dosavagny, Commissioner of Doods. : J Mr. Colvin’s crosa-examinstion did not olicit anything of great importance. TREMONY OF MERYIY R. WRIT. ‘This witnces war called by Mr. Field, sad veniided to bavirg drawn the official bond for Mr. Oonover, which he dent ; bé knew the sureties as men of mesue. TEXTIMONY OF JAMIE PHCKTLAM, Mr. Field read next the deposition of James Peckham, “Guy and One New York.—Jamee Pockham, boi New Fork mee ) being duly sworn, sah raat he is a clerk in the oSloe of tho Street Commissioner; that on tho 13th inst he was in tho sald office; that Mr Conover was there in the private office; that about four o'clock Alderman Clancy, Alderman Wil: son and others came to the offico and went into the private room; that deponent heard Alderman Clancy gay that iv the name of the Mayor an¢ Gommon Coune'!! of New York he instructed Turver to keo 2 posses ston of the office unt! the Mayor and Aldermen directed bim othr #ise; Mr. Tui nor nodded assent, and that Mr. Conayor asserted his right to the office; that on Monday morning Mr. Conover came in and was devied sdmittancs into the pr vate olilce by offl- cers, Who said . var in posseesion of the Sherifl; Mr. Co- nover then took a dork in tho room edj ; that depo- » in con; Hon with algo ordered deponent to leave, and upon depouent's refusal Mr. Turner directed bim to be put out; tnat —. ‘Rent stated to the officer that he was a clerk in the i end hada that depon ger & ordered the officers to put deponent out, which they did; that while de- ponent was ie the hall, outside the door, ne saw the ofiicers put pr. Gopover forcibly out of the that on Tuerday morning dopouent went to the office with Mr. Conover, who was dented admittance inside the railing by a Deputy Sheriff, or » person acting as such. Mr. Conover then took aderk’in the Map Clerk's room; that acted by his orders, and drew up a document for Mr. Conover, which he signed as Street Commissioner; that while Mr. Conover was performing his duties as Street Commissioner, Captain Benvett stepped forward and sald thas it was the order of the ‘or that Mr. Conover should leave the office—peaceably if he would, bot that if ho would not 500 mon could be hed to eject him; that the raid Bennett then, by physical force, put Mr. Conover out of tho office into the main ball of tne Hiding, ‘and depo- nent was also forciply pot out. JaMes PEOK TAM. Sworn to before W. B. Dvsmyeexry, Commissioner of On crogs-examination Mr. Peckham test!fed that he had a copy of the permit givea by Mr. Conover for the rand to remain in tho street. ‘The examination was suspended to enabie him to pro- 1068 it, Mr. Fie'd read next the deposition of Jonse Mitchell. On cross nothing of great !mporiance was Mr. Peckham returned at this point, and luced the copy of the permit granted by Mr. Conover; did not know the wD cua a ie on eee sentin, ; la certain it was given on Saturday, made J . delivered; has been a id not know of his own that thero wane permit cook of blanks: acted as his clork; copied for bim and delivered cannot name the persons to whom he delivered was no connected with the know leq, for Mr. pes | Q What as to the bond having been rejected? A. I did 0! pretend to decide that question. By Mr. Field—You fled Mr, Dovlin’s bond in the same way? A Yor, sir. The court hore adjourned to this (Friday) morning at Nh o’olock, THE MAYOR DISCHARGED FROM THE AL- LEGED CONTEMPT OF COURT. SUPERIOR COURT—SPECIAL TRAM, Before Hon. Juige Hoffman, Jon 25.— Daniel D. Commer vs. Fernando Wood—Ppon return ef an order to shyw cause why the defendant should be punished as for a contempt. Hiorrway, J —Upon the return of an order to show cause why tho defendaat should mot be punished for resisting the process of tho Court, an application is made on the part of the plalnttif for a reference to as- certain the facts by examlainy tho parties and (aking tent!- mony. The order to show cause was made under the Ist articlo of title 11, chap. 111 of the Revired Statutes, (p. 276), and under the 4th subdivision of the 10ih section. ‘Tho Coronee had certified to the Court the namos of the resistors, their aiders and abottors, to the end that they might be proceeded against for their their contempt pur- ‘suant to section lat (100) of 2 Rt. 8., 441. A distinoticn is made between in such @ cane and thoee under the title proceedings or for cont tyen- force civil remedies, (2 8. 8., 624.) The Lith of the Statute first referred to (4. &., 278), provides that pothing in the preceding sections shall be construed to extend to vroceedipg against parties or officers, as for a coat > lor the purpose of enforcing any civil right or remedy. and in proseodings. under the latter act it is essential to the ipiliction of punishment that the pogo tes og of the act to bave impaired, defeaied or prejad! rights or remedies of » party g This distinction is referred to by Mr. Justice Bosworth iu ihe case of the People vs. Gupte, One 675), and the case of Adams ve, Dan. | and Bing., 24, is an exampleof it. A sheriil'a defendant with a copy of a capias, showed him the original and explained tho object. The defendan collared him and ordered him to quit his pro seneo. On moving for an attachment for a contempt of the process, tho counsel was desired to obtain an affidavit, polting out more fully in what respect aad to what de- gree the act of violence obstructed due execution of the procesr of the Court. Ou another day, nothing betug added, the Court said “they would lay down ng rule whether every collariug and shakiog an officer or would pot be deemei a contempt of the , bat it sutliced to say, that no case was here made which disclosed any such obstruction of their process aa to require this sux mode of punishment.” ‘he 12th section of the statute (2 R. & 217,) directa that in cases whore the contempt ta not committed in the sence of the Court, the party charged shall be potided accusation, apd baye ® reasonable time to make his fence. This was given by the order to show cause. The counsel for the defendant insists that the ix not within the provision of the statu order or procees must be served before resistance can rise, J think not. In when a party knows of the existence of an hands of an officer to be served upon him, and wilfall prevent? that service by open force, mate or 4 two resistance is any ‘within the statute as if he had re- ceived and contemmed it. In the Com:acnwealth vs. Fealy, (2 Virg. cases 1,) Fooly waz punished as for » contempt, tor using means to |e pete d Wright from attending as a witness & prove a deed execated by him, ey a aubpoona byl been served upon Wright; and Practi- cal aetues » contemptta bé dlzobedience 4 Court, or an tr or despising an iy - thee ‘abd dignity thereok, Sometimes it arises from ‘one or more opposing and distorbing the execution or service of the process of the Court, or using furce to the party serves it? (Pract. Rog. 99 100.) Bee alto jildert’s His- tory of the Common Picas, 2 , for an account of tho ori- gin of the power, nad the rearons why a irial by jury in Such carer is not a right. Tho afiidaviis on the rt of the defeodant have made out @ caso exonerating him from either the act of resistance or the intention to resist. Mie oath is corroborated by that of Dutcher, munication of the fact that the = is cess to serve upon him was made tp airy and the only pertinent inquiry, deden ant know of the rv baving an upon him, or whether thero arc facts cnoug! to make bim chargeable with such know! view Ivutcher is contradicted by Porry ,as to ment of bis possessing a writ, and his But Dutcher cannot contradicted omission to apprize the defendant of (end to render his statement doubtful he was uot to be believed as to the other, Sgainst oath I might be warranted in making qu But sull the qucst.on would remain upop t's nifidavit, not contradicted, and capable of belug conirndicted, That is also sustained by the proof of his sending for the Conover's besiness with him | Conover waited about half an ho’ papers to scbmit to | Vere! persons entered the till about two > clock, | the door which Mr. Conovor’s meavage had Mayor's private room through | been sept, but | the deponont ard Conover could not throogh the same: tbat tho depouent pa reco outside the main door of the Mayor’s genoral office, whem he discovered that sovera! persons wore gone in and coming out of the Mayor’s private room, rongh a private door opening from said passage; said | Cones moesage to sald Mayor, jad otiictal business with the Mayor had important papers to submit to him, and | when the messenger returned M?. Conovor askodt him if | ov Intonded to admit him, t which the messenger replied that his orders wero peremptory, and that be could | pot admit the said Conover; Mr, Conover then remained | some timo at the oor commupivating with the inner office, curing which tine deponent beard tho door in tho pas: \ rege open and shut ropeatedly, and saw sevoral 0 in and come out of Lhe Mayor's private room; that sald r the: d for admaiseion by the door {nthe par- admission wa: denied to hin, thoug!: amo door; Mr. Conover thea fai i to the doorkoopes ‘+1 inst eco Mayor, and will goin.” At that moment Mir, Matweli, late A ID Sot or to persons, soeming!y officers, atthe door waa [ea tectensed Uy come se een. That and raid Conover then Uae raid pastago, nearly an boer, that deoonent whem saunas wo he Mayor # gare De, ‘or's clerk, was A Bover fail to him. “Mr. Migg, I have or aor oath «f nage wa: Street Comminioner by the neo tho Mayor, to fle my my official bond for i tance to bin have boon wal ” nero since Iw ret aiatnce, be aon't iatond ‘ice me Us mission to Mr, ad Lie owt of. will file this oath With you. to Me acre from. tue conver: aerate, 96 eww’. await re Pek — order to submit to the eervice, after some seqnently reaching him, that the Coroner Thave come to the conclusion that in su the Court t# eausfed that ne contamas and the papers before it make ve. Tow, 42 oar ‘an a‘tac Tt war * imprt nt should | to interro, mitted), 1 admitted the by’ sbi 4 and » ine & John ) a EO ey te fee nm oO ie chill for Inter} on 18 all due th Jui of im! pooishment. The ome? Yr, ed! to have {nvulted, Is to jadge of feacht, and to the canto of A prevented, It cannot ts » 5 od py Dor cas, ® jury could come dat to one conolaston there 4 noithor procedent nor jnstice In the a the suggestion that a kevere STATEMENT FROM CONONEM PEASY. | We bave rescived ‘a communication from Coraner Torry, detailing the clfeamatances of the affair of thé Teun inat, w: the City Hall, it reiterates the statment made by Yim Ih bis wfidavh published sevornb: ince, Mir. Fry objet tte Bhew that be bie duty, Soy. partial Seetgay ae ty cy ‘the opiniow that the facia’ in-law were he same, apd tha