The New York Herald Newspaper, July 23, 1857, Page 2

2 ‘was cortinned before him from day to day anti! break | the maitr baving been thet regularly ote end ibe wai Devlin pot baving made oath that be Bas ‘troly delivered to the sad Covover the eaid bo Ks, mans, records and documents: and it appearing to he said jus foe that tbe said Jounver is tbe saooesFor to such Ott 26 Of Bureet Commissioner of the city of New York, and that Me rald books. maps paoere and documeats aré withnals, fand ‘bat the sais Periix rtil! omits and refuse to deliver up Oe erme—lt is bereby wdered that ths enid Charter Devtin fori «1th cetiver to the satd Conover al! the books, mape, papers and ccoments bolonging or apoertaipivg 0 the office of sect Com minsioner of the clty of Now Y>-k which have come to (be hands of the sala Devlin, or in de fault (beroof tha & Worrant issue t) tha Aber! of the cry apa count) of New York © eommilt the said Devita to gan fall of the sai¢ clry aud county, there to remain uotii he dettver to the raid Conover ait boolss, maps, papers gag éroempents; or to be otherwise discharged according © law Aod the seme being required by the sald Tonover, it is farther ordered tat w search warrant issue to be aid Sheriff, commanct g him weearch, in the day tme, tho Spartments ane reoms Cconpiod and Ret a: ait for bhe otlice Of Street Commiesioner of Uae raid city, wherein the said ) papers, mape and ‘documents, are kept {nthe said Clty, FOF the raid books, paves, maps and doouments, enc to noize them and bring them before the rai: CHARL3 A, PEASODY. Dated New Yorn, July 10, 1867. Fourthly. That the only claim of title to said office of ‘Street Commissioner pretended or alleged by or in benalf of raid Copov ar tp such procee ling befure raid Justice war the appointment of said C nover to said office by the Gov ‘erpor «¢ the Sta e of Now York, aa stated and set forth in te aforesaid omplaint. Aad that itt was not tn way f@rsorted or charges by cr ov behalf of said Conver bo ore Bald Justice, n the proceeding aforesaid, that anv book or paper belonging or avpertaining to «aid dice had ever Coms to the havas ef the raid Ubarles Devlin, > of any Person whatever, at ane time durng any vacaney ia svid Othce of Stree Communi ner, or at any time before be period daring which toe said Conover was, a8 be in his aid compla nt alfa cit alleged, ia ful possession of the said office and of the books aud papers appertainiog to the Fame. Fiftbly Tha’ in pursuance of euch order eo made by Paid Justice Peabody on the tentn day of July, A D 1867 and in the procee*tpg in which auch order +a ma to, and in no ether or different proceeding, and unier no other or different authori y, power. duty, or rigbt than Buch order, the ard Justice uit on tae eighteenth day of July, A. D. 1857, issue un the prayer of the waid Conover tho werrant + eb is sot forth te the return to the writ of baboas corpus aforesnid , and thet neither by any com Piatt or allegation whu'e~ cr, nor in any Manner Wha'ever, did any ovbor matter of fact’ whatever apy ar bevore said Jestice 1p ruppart of the said proceeding 80 bad before him, or in support of toe issuing of sid warraat inet the taid Cparies Devlin, except the «aid allegations of »aid a D. Conover in bie complaint asd affidariw afore Gaid. Sixthly At the time of issning and sorvice of the raid ‘Warrant the seid La: ie! D. Conover by force and violeace, od with the aid of one Joha R. Farringen and otuers seized and tok int» the passessiin of bimself and said Farrington al! the books ani papers a) ing 4 the suid office, and thense hitherto ail wach povks ant papers have been entirely out Of the posseesiin aud beyout the power or contra: of the Baio Charlier Devlin, and within the passescion and coatrot Of the aaid Conover, 401 the persons 80 aciiag in his att in the procees'tngs aforeraid And, therefore, the sain Charing Devlin insiss that bs imvrlsounat and detendon afore- Baid are unlawful, becanre upou the matters wforesaid it Sppears. and appeared to sald Justice, that tne said Daniel D, Qopover «as pot ani is not, tae Sirvet Commirsionsy, as alleged by bim, or successor in that office of the caid Joseph 8. Taylo:.' And ais, that the md Charies Devin was and is euch successor; aud also, tuat the title to each office was in dis ‘between the sai! Conover ani the Said Charlee Deviin, ani tbat raid Conover had not snch undlepated rigbt to the custody of eacu books aod pap rs 8 was necessary by the law of the land to justify the ead Proceeding before xaid Justice in tha: behalf Aud the Said Charles Deviin furiner insists that the seid im -risoo ment and detevti p arc uviawfal, because {t war not made ‘to appear to said Juetice In raid proceediug that wny book Or paper belonging or sopertaining © eaid office, uad ever come to the bance of the said Cbaries Devlin, or of aay Peron whatever, at avy time during amy wacanc’ in ssid Ofice of Street Commi+ lover, or at aay time before ihe pe riod duriag which the said Covo ver was, a be, in bis said complaint and affi invite alleged, tp full po-ses-ion of the sic office, and of the bioks and pape'r 4) ertaining to the fame. OHAKLES DECLIN, Sworn to before me, this 22d day of July, 1857. D. P. IscRanam, First Judge Mr. Noyes moved for aa adjournment of tbe proceedings ‘until today at 10 o'clock, to enable counsel to examine the traverse, apd prepa e evitence by affidavits. This was opjored “y Mr. O'C nor, bat after soue dis- Cussion the Court allowed & jourpmeat Charge of Contempt against Mr. Conover. CONFLICTING TEX1IMONY—THR CASE 4ENT TO A BR FEREB—SHAKE WORDS BETWREN COUNSEL—TAR COURT PARSENTS THX OLIVS BRANCA. On tbe postporement of the habeas corpus cate yester day, tm the Common Pleas Court, before Judge Jugraham, ‘Mr. Busteed rose to open the caso on the order to shoe cause why Danie! D Conover should not be at'ached for contempt of Court in disregarding the injunction granted by bis nowor Judge Ingraham. Mr. Basteed said that ne ‘would first present the con pisint, the order for tu) anction, the order to sbow cacse, auc the affidavits, The allidayite ‘were a il nate iS Yorke, #8.—ianves T. Brady of July, wetant, ne served D, Conover, oae of tao defendania above pamed, copies of ihe following pavers, viz : the complaint in thir sotion, the afioavit x Richard ‘Buateod, Eq , veri- ook ate aS oe wouon, aud the 1 ordere? therein, made ai 4pecial ferm before Hoa. Daniel P. Ingrabam, ov tbe 17th day of July, tnstan; That such service war made by Celivering raid Copies ani ps mise aid Conover personally, apd that the cony urder ‘or injunction aforesaic wa culy Certified as such copy by the cierk of this Crurt. Depopeut further saith, thai ne Geliveres said papers to Couover at the moment «ben the Hop Obarles A. } eabooy bended to Mr Heary Barthol! be earch warrant just sigaed by said Peabody, in the pro Ceeding by Conover ageinst Charles A. Devlin to porsonsion of the books apd papers of the Street Commit Sioner's effice. That said warrant bed pot yer pasted vu of the hands of ralc Berthol aor been deli ered cider w Me Fieid of Coustabie Farrington. That wbea depouent ser vod (he papers Mr. Covover #ns seated Weide bis care! at the lable adjoining the Judge's bench. Dogopent further saith, that be bar read the ail tavit of Mr Charles Tuner, this day made in this activa, and that all the proceedings fm the apartments of tbe Sircet Commiseioner, tp referen. fo taking perrssion of said apartinente, or Of any boo therew, uncer rain warrant, on the 18h day of Jo'y instant, must have been aftor depouent 80 served ala vapers on Copover. JAME'T BRADY Sworn to this the 2th day of Jaly, 1857, before mo, Saat Sasvrou, Commissioner of Deods, THOMAS CARROLL'S AFPIDANTT ‘Thomas Carroll, of raid otty, being duly fWworn, mays that on the Usb day of Joly inatant be rervod @ certi(iod copy of the inyouction order berein, a copy ot whivh is hereto aunexes, marked A," 9” fon Ro Faring ton, one of the constables of the city of New Yore: thet eaid ser ice war fate on sad Farrington tn the private offive of the Strees Commissioner, tm the Hall of Hecords, in the city, when he was at fo execute @ sesrok warrant, Iaued hy Mr Jostce Peabody, for the books, de. in the office of raid sirset Commieioner, avd be'ore ihe raid Faritngtoo bet takeo ny books, paperr, map* or doo» mente w: ee from fed Offer that aithe ume of such service depovent to form d xald Farrington that be was desirous to male a Copy Of the raid Injunction, sod arked waid Farrington 1” he would permi: ce oneot to then make ruch cooy oat Consider such service gd wo which wad Fart Soertalaly,”’ that (ner-upoe depones: seated hi tbe obair usually oecuvied b+ the Sireet Commis ig sock Coo, when Mor ain Far Cow which woe paper in bis bands, ard fier examintug tt, aid. “yes, eo pon T #fll go On sod wot ander the warrant’ —tuat banded beck tu the deponen! tae seit ia ‘That this Geo rent then teod red the eal! orcer <@ certified, which anid Far firat time refused to aoowpt time the salt Perringvon bad pot taken from sale Str et ‘Comms doner’s i Mioe, & Ff taken pewewt oe of, acy bo ks, PAsere, maus, OF other documents That deponent | (three mi utes, agaia wen! Front Commissioner's offloe—that on hie way () aatd villce he met Mr George Peckhim said be a clerk of ar Owover’*, with ao arm fell of Sook: Maid to bare been taker from the ater et Oo nenienioner'@o‘Tice, and alno the naid Ferrimeton.ip toe ball way of tesaid Asilof Reoords, wi b the bainsoe of tbe booke vakeon (rom the maid affie 4:4 de ponent further eeyr. that be <ent into the Steeet Commis lone! '# office B04 « Htained from the party Copying the @ame the raid certifies oy ir, rection A048 it aga © enid Farrington a | > «a+ ceacmuding the stairs of tt Hist of Reoo de, wher « prment by laying f books which the «aid 4 Weaving the seine with atending the Far nies 4 Farrington, the wait apd conveyed them te the where Wr. rastic: Peanoty wae Ta02 CaRdyit 20th day of July, 1857, Farrington took the ma) Bupreme Coert boiling court, and weve them Sxorn to before ms, tb Basproun, Uow'r of Derde PaRues TURNER Charice Tarner, of tbe power, ant eave thal he is Ay Fareet Comrnirtioner, th the Sremt omnis * the Oty of Nee York, acd hw moth of Jane, 1869; thet forenn © Taylor, having been daly eloeret, enered vor the Cotier of iho office of Stet Commissioner on the firs Miva Gay Of January 15%; and during thet month the said Taylor nominated decent to the F f Alformen, as Deputy street Commissioner; aod Cepmont war by sais hoard duly coatirmed: or o- about be Mh of June lust, the said faylor died, wheres pov, Cepoveat decame, + virtoe of the laws aod oriinane ‘retaing to «aid acting Street Commiasione’, ao 411 # es thereof, cnt! Charts Ne. ty pon the dutier of the office of & ch day cf Jae tet; that on of aboat the te day of anid monih, one Mantel () Sonover cams ts the Office, and informed deprornt that be (Cowover) hal bewo Apyanted Mreet Com aleioner by the Goreraor, exh bit ing w de; at the same time & com/niesion, parp ria ‘to be signed by John A King, aot ead ty depoment, ‘1 Appoint you my Dopaty;"’ that watt Jonorer came to ths né aloo on the Ith end 16th days of Jane, alims, ant eamorted himerif to he Sirect Oommiaetrper, aad repratet G0 Copom hat he was condnaed jn office as Yewty, dy yo | That on the afternoon of Sate 5 fe ' cald enty, being duly * |, depoment was tn the Office of Mreet the Deparment, aod seated at the derk aerally eocus ied ard while copone office, the wai’ Conover the department GopeHeRt war Keated, socompscied Ly about thirty verso = Bmeog show deporent recognized James Irving and M Bre er; that Conve’ ac vanced wear © ce poneat, end mid he had been declared Sireet Jo um’ tober Dy the Onnrt, and as toat was the room provided fo tho Street Com misrtoner, be bad cym+ to take possession of it; toa! deponent said be was Depaty Strest Commis rioner, auc in the avsence of ar. Deviia covld oot wwe MH up; some one of those who followad no er ivie the office then asid, “go and tke hi teat, Daw,” Conover then inetantly eeized hold of de. ponent wib great violence, and tried to ejeat depovent from the chair tp which he was seated; not succeeding, be wae Loomediavly aasisted by some of the versons with him, when deponent wax foraed out of the chair, ant for cibiy and vielently pushed outaide of the railing whi -h en clowed the derk and a portion of theoffice; thet the strug gle lasted for a minote. during whith tims, and until de. ponent wes put out outside the railing, Ccnover apd reve ral others had bold of fe onent; tha, depamoeut was hadly bruised and injured hy raid Conover and bis a xcomplicas the marks aod traces of «hich are yet visible upon de uo vept’s body and devonent now auilore much ain thare from. and ix under the care of hie faavly ohystotan thee for; teat dancn nt will be Fixty two years of age ou the Unb nay of next month; that deooment reaaiued ta the outer office nniil 40’elock in the afternoon of Saturday; wat deponent went as usual to the office this morning about half past eight o’clook; that Con ver camo thyre abeot nine o'clock, sud informed deponeat that b+ hetap. pointed a perenv as Deputy Street Commisetone® instead of de, orent, and dewanded bis offixe keys, which denonent desitped to give, Conover thea forbid ‘deponent touching ‘avy cf the bonks or papers of the office, or taking any part in the burinese of the same, and threatenad doponen with further viglence sbould he a'tempt to ¢o 80 CARLES TURNER Sworn before me this 29h day of July, 1857, James Sanpvorp, Commissioner of Dee le, AFFIDANTT OF DEVLIW'S BOW City and County of New Fork gs —~Tharles Devtiu, J of raid city, betog duly sworn, Cepnses and eays—That of los Ueviin, one of the defendants; tha ¢ (deponent) wax present in the Street Coumtsstoner’s office on Saturday Iasi when D D came in; that deponent hax read the foregoing affidavit of Mr. Turner; that depopent war present and saw the oourrences the-e in related concerning the forcible ejec ton of the ead Tar- wer from the orivare office of the Street Commissioner; ‘that the raid affidavit, so far as it rela‘es to the onsur. rences which then and there took place istrue within thir deporent’s knowledge; and this depovent further says that at the tine and piace aforerald he saw D. D Conover have bold of Mr. Turner, trying to force nim out of nis seat, and at the eame time James [rviog and Pat Matthews algo had hold of Mr, Tarver, and Conover to ayers Mr. Turner ourstde the railing, which al*o encinses @ por don of said apariment; and further deo*nent raith not. CHARIS DEVLIN, Sworn to before mo, the 20th day of July, 1657, Sunprorp, Commissioner of Deeds DEPCTY BENNETT'S AFTIDAVIT. Jobr W. Bennett, of said city, being daly sworn, de- pores and raya, that be is a rpecial deputy Sheriff of tho the sit, and county of New York, by a warrant dated ‘he Mh day of July, 1857, to asrist in preserving the public peace. Ano depovent further saith, tbat oa the Isth day of Joly inet, between the hours of two and thres o'ol in the afternoon, this dep ment was iu the office of the “treet Commissioner of the city of New York; that while thero this deponent observed a large crowd of people coming into paid office, among whom de; Saw aid Datel D Conover; that depovent being fearful that a dis turbance might ensne, called upon he people comporiag said crosd to Keep the peace, and to refrain from mak ing a dis urdancs, stating that deponent would arrest ‘he first person who created a breach of the peace: wid Da ‘nie! D, Cor over told said Turner that he came thero to take possession of said office, or used laugaage that effect, and waid Turner refured to acknowlsdge the right of said Conover 10 ‘ake presersion; that toerenpon the sald Couo ver acizrd said Tarmer and hurled bim ‘rom bis seat, aed going behind said rail g, be took possession of the seat of the Street Commissioner. Ueponent furiber saith tna: he then sald to Conover, “You bare commitiod & breach of ibe peace by forcibly plating your nands on a citizen, ano told the said Conover that he sboalo a rest me, that sald Conover d- ma: ded that depo bow him hie warrant for making salt arrest it thereupon exhibited to said Conover the warrant fr m said Willett hereinbefore meviionei, and took hold of sald Conover and sttempted to take the said Conover fim eatd office; tbat aid Conover resisted the depeneni,and was aided and abet'ed in such resistance by the pen le who bad en™ red said office with paid Conover, whore vamer were unknown to depopent, and de it Deng «¥ roowered was obliged to leare the said office of taid Street Commisrioner, without effec lug the arrest of said Conover JOAN W. BEN VEIT. Sworn to before me this 20th day of July, 1857, Jamas Sanvroxp, Commisriover of Donde. ABFIDAYIE OF PATRICK DEVLIN. City ana County of New York, ¢ ~Pasrick’ Devlin bein} duly Eworn. § ates that the following is « true narrative what ocourred in his presence and hearing, before the Hop, CParier 4. Pesbod:, tn the matter of proceed- ings by Daniel D. Conover against Coarles Devlin to ob- ial possession of the books and papers of the oflion of Strcet Commiretoner:—On Saturday, the 18th 7 of July, ‘1767, L was an opgs the persons who entered tte co: room, in #btch, ator about noon, his bonor Justice Pea. ‘od? conpued’ be proceedings above mentioned Bis honor took a sent on the bench. Mr. Hoary Bertholfmade @ proclamation uch as @ court is usoally opened with. Mowurs Daniel F. Sicklee and James T Brady were pre- rent at the time in behalf of Mr Devito, and Mossrs. Davitt Dediey Field and William Cartis Noyes for Conover. Me. Field asked the Ju‘ge torign a warrant for Doviin’s ar. ent it be did not give up the books Tha Judgo med it, end delivered it to Mr. Bertholf. ld hed the Justice to grant the search warrant vo searzh fo" the books and papors of the Stroet Commis- jone:'s office Some dircuesion took piace as to whether ‘t should be addressed to a constable ae well ae the Sherif. Werere Field and Nuves both insisted that the constable rheuld be iweladed ie Honor at length decided that it thorld be so addrossed. He sigued tt and banded tt to Mr Be;tholf, at which moment Mr, Braty hanted some papers to Danie! 1} Conover, who sat at the table under the Serch of the Judges and beside his counsel. Mr. Pravy rtater to the Conrt publicity and so ar to be autible throngbowt the Coat room, thet be bad rerved on Mr. Conover an myenction granted by Judge Ingrahem of the Court of ommon ricas, to prevent b's taking t of the palt hooks and paoers, and preventing Mr. Devil from giving hem uptobim’ Mr. Field mated, in sa stance, that where an tnjxnevon of the Court of Common Pleas come to bim (Jucge Peabod), be (the said hag | bo ed that the Joder woatd treat it as (salt Frid done— put it onder bis feet Said Field also deck toat aid to) mmetion was no better thaa waste paper. That soon efter & mad Oxme into the Court room with a bantie of books, said to have come from the Stree! Commissioner's eMce, whied he deposked cn achair in the Uoart Tnat hefore any bwke were 80 bro ugh, Mr Brasy informed body publics, and tp the hearing of said Conover, ; tat the order to show Caure on the tn- Jodge Ingraham was returnable on too \oetant, and Mr. Brady asked the eald Justice to \t preobedings aut after sett day, Mr. Field bt onwonly oppomed jourpment anti! later than 2 P, M. of the 15th, paying, tn subsanos, that the bovks would be there within ap hour afte’ the gracting of the search warrant ® orenid; and galt Fiold urged sald Turtios to be fp atiencance oF at hand at that hour, to wale! maid Jos tice nevenied — Depone nt farther saith that he went over to the Street Commisetomer’s office and witnereet the pro cre dings there from that time cnill the forcible ejection of Mr Charles Terner, which proceetings are correctly stated ip the annexed ailiset of paid Turner this day made, aod abch deponent bas beard read. Devovent far ther ‘bh that be tele no way relatod to ead Charla Ser lip, an4 bas ne or boon employed in the Sires Commis rioner'# office in this city. PATMOK DEVLIN Sworn hefore me, thie 20th day of Jaly, 1 Saxr roan, Oomminsionor of Deeds. Mr. Field thea read in answer the following alidayite — tk CONOWRR'S APMDAVET #sith— That on the ive to Harry Be tholf, and by the sald Gerthol’ to Mer via Rk wer, aud by the anid Brewer to the Sheriff, by the bands of Joesph Pollock wise delivered by the J dge to Mr. im to Ur Brewer, eh» immediately laf the coat room with it, and thet antl Mr B ewer passed out of the room with tbe said warrant Mr James T Grady did no) serve on this deposent any papere whatever t him or to his presepe: on the sanject -f an bent forther salto that when tl bim by Mr Brady be banded them bis connmel, who sat beside Bim, and who began to them, and eas engaged in reading them 7 r ven nO difections respecting & ehthor of them, or tie service of aod thie deponent farther eaith tiat tbe booke were broaght into can thie ponent di pot touch them or give any firections Aout then; and thle deponent has mo to tia time used xy Of the Drok+, maps, papers and Cocamenta belonging to the Sireet Commiarisner's office, either thow taken ve fore the Judge or those st'll remauing in the Street Com trissioner’s apertments; and this deponen: furber saith thet afver the paid hooks bad been brough! Inte the evar room ne went to the at eet Commissioner's aoartmawts io the Ha!l of Records: that he ev ered the avartments qaiet ly, met Charles Tarner is the seound of the three rooms sod shook bande with Gia; then went tnto the thir To m, @hien i+ anproprinted th ‘he Atreet Comminrivner’s vate ure, and there met Jona W. Leunett outside of be railing and shook hands wih him; tale deponsnt then parred round om site of the railing, aad athe war dotne fo the sald Torner Jumped over the raliing ant seated himeet? in the ‘char wsusily occupied by th- Stroet Comunier! wer, bat that thie depouent did aot touch either the eaid Torner oF the sail Bonnet, ox cept ae afor: ait, OF direct, atk oF incite any one elke to Ge 90; a4 thie deponent farther anith thnt he wae present jo be coort room during the wh to of the diseieton ao4 heard all that war each of the covamel that Mr Field did nt eta ep ao In) net oO of the Court of Crm ann Ple i oame ge Poarody) be (the said Field) bo ved were brought Into we Court room; sod Mal respecting tbe *aid Mnjarct wald by World treat tt ws be (the said Field) het vat tt ander Bix feet’? nor did Me. Field doe the said inj inetion was ao better than waste pager Mr Field sad oa the subject thie: OT wore ¥ tn your place en ihe henod of the Styreme Cort ANC Gn (njonetion #ere to cams to me from thy Com noo Pleas to o-train my acon, Le vald trample {t un or my foot,” and that “(f the injunction were @ roving {nj rae Yon, addrewet to anvho'y, It Detter thse waste paper: Gad thin deponent farther saith tiat he hw aot removed oF Caared to oe removed the BOOK®, may, rr Cords and dnouments, and otier proverty ent papers tn the complain’ mentoget, or any of them, from tho vlace Of pikoee where they 0* elther of thom were at the time of the delivery w him by Mr Brady of the pa sere tofo-o meptoned Her has thir deponent interfered with tao same in any manner or way whatever, nor hee he violated thr Ie junction grenied therein. but on the oonirary, hat treated the seme with fe respect, aad ecrapuloutly avoided qureqaréing iio any party aod wae ao advined by beth his counsel a s00n aa they had made thamsel yas 86- quaioted with ite contents D. D. CONOVER. Sworn before me the 224 day of Jaly, 1867, WF. Laogerr, Comm'ssioner of Deeds MERWIN DWEWERS AFPIDATSD, y and County of New Fork.—Merwin R. Brower, of weld , Deing sworn, eaith-That he ts en attorney and etn. Ripe day 7 Td pefore Mr Joxttoe Peabody as the Criepd and lege! adviser of the de. sene@nt Conover; tha' he ws rreseut before Mr Justice Peabody on the ‘Sth of July inst, while the proceediags (a “erpect to the werranw against wharies Devin were end pg that the fret warrant, which was for the arrest of eeid Devin, wos hanced 6» Bald Justice to Mr, Bertolt, ap cffoer of the Jourt, and by *aid Bertholf to de mner\, and by desoner banded to Jasepb Pollock, to be delivered. oy bim to the Sneriff of the city an‘ county of New York, and wae, as depenent ts informed and believes, ime: ‘Nately taken by raid Pollock to the Bherifl’s olf; that be second warrant, which was @ search warrant, was igped by the eid Jnaticn and banded by him to Mr, Bertboif and by eait Be tholf hanied to depment, wa) immediately Jeft the Court room with it, and ban‘ted it to covetable Farring‘on in the ball outside of the Court room; bat during the ti me this deponent was in the Court room cot ene word on the anbject of an tnjunstion bad boen aid by Mr. James T Brady or any other person nor kd deponent know Or suppose that any tojruction what- over hed been . Aud this deponent furtber walsh that he went forthwith with said Farriagton to the Street Com qwisstoner’s apartments ip the Halil of @ec rda,ant the said Farrington then ook possession of the buoks, mapi, vapors apd documents mentioned tn the warrant het eaid Farrington bao asked the c ent ty poiat out the books, and on their neglecting 10 do 10, ne called upon Jobn Colvia to point them out which be dil; that -aid Farrington then took up an armfa! of boors, and banded them to James Peckham, to be taken before Jus ‘toa Pua dy, who immediately loft with them; that said Farrington then took ep auother armful of books, and was carrying them out of the office, wan Thomas Uarroll -bos eo bim a paper; that day it até not take the paper ww his band, Dit seelog tt lying on the derk, looked at tne uitle of the writ, and weeing that Farrington was nota varty, told Farrington that the paper wi tome Sheriff and did not affect him; tha: the sald Farringtoa ben left with ssid armfal of books, an‘ af erwards re turned and got wnctber armful, aot as oo was passing Out ofthe door, the said Carroll laiv on the plo of books a paper which bo gaia was a copy of the iojaoction; that the raid Farrington then passed on into Court, and did not afterward remove any books, Er maps or socuments wbatever. Deponent fardber saith, that the Gefensant Cenover did not give this depoaont aay directions whatever about sald warrants, or etthor of ybem, or the exeoutis , OF about the rad nooks, maps, pacers apd documents, or either of them, avd thai the raid Conover gave no cirections whatever to the said Farrington, and ‘uever interfere? in avy respest ith the sic werrapts Or their exoguti », from the time the warrants were deliv e1 to this deponent by Mr Bort ‘noif ti'l they were executed. Aud this deponent farvher sith that he was present in said Street Commissioner's office when Mr. Daniel D Conover came there: that deponent stood direcily in fron: of Mr. Charles Turaer when Mr. Conover came in and requested Mr Tarnsr w vacate the chair anc leave the room,as that belovged to bim as Street Commissioner; Mr. Tarner thea rose uo from the chair apd Mr. Conover passed ebind the chair; a large number of persons came ic the room, apparent; epxi ‘ue w prose forward to see what was going on, but all of them peaseable and making no demonstrations to creae dweturbance, that said Conover directed said Tarner to laave; the sre@wd then closed in, and in afew moments Mr. Curner laft; and deponent states positively, that «ad Coa over did not touch Dor tell any one else to toica said Torn- er; during ali that time deoon nt was standing within tera feet of eaid Copover, and {/ sale Conover bad tiken bold of or pushed #aid Turner, deponent must have seen it. CONSTABLE PARRINGTON’S ARVIDAVIT ity and County of New York, ss —Jobn R. Farrington, of said city, being duly sworn, sai h—That ho is ons of the constables of the city of New York; that on the 18th day of Joly inet , Merwin R. B-ewer handed to the deponent, ip the hall of the building where the Supreme Court sits, ‘& Warrant iseued by Mr Justice Peavody, whereby be was com nanden to seize the books, paper®, maps and doca ments belonging to the Street Commiasioaer’s office, and bring them ferthwith before sald Justice; that deponent proceeded at once, in company with Mr Brewer, to sid ‘Street Commissioner's office, and then and there took pos reanion of the papers, books, maps and documents in sald offise, abd at once took up sn ‘banded to Mr, James Peckbam, and directe’ bim to take them to Mr. Justice Peabody; that after said Peckham had left the building with said books, and at depevemt was col- lecting more books to take before sald Justice, Mr. Thomas Darrol, came ta said office and asked deponent his name, and raid be bad ap injungtion, and wished deponen: to ive bim time to make out copy to serve ca deponent. ponent replied that he could not do so, as he way com manded to take the books, maps, &c., forthwith efore raid Jastice; and Carroll then,aid, ‘I will serve this on you;” and he'then banded deponent a paper, which deponent rid reread, aod which was entitled, The Mayor, &#., ie Sberiff, &c. then to said Carrell paver was not directed to him and that said Carrol] must ‘and serve it on deponent; Carroll then took then took — of books which he hadjiaid out, and started for the Su; Court room, where Justice Peabody was, and delivered said then returned to the Strect Commisxioner’s office books in depopent’s bands @ paper, and said, “ Here's shat ” <tepanent proces ted ‘eefore Justice Poabad? c} © bas ever received ta res pect from Mr, Brewer to execute it, as al or said he would do 60, and he never waived a proper ser. vice in any manner, or entered into any mrent or agroe ment ip relation to fuch service: that deponent did not ex- ‘amine said injape'lon oF a copy of jt ti!) he had taken it to the 4upreme Court room. Depovent did not refuse to re- ceive or accept the injunction or a copy of it a. FARRING fON. Sworn July 22, 1857, before me, W. F. Laoxrr, Com. missioner of Deer's, WM J. A, POLUER'S AFFIDAVIT, City and Cowntyof New York.—Wm. J. A, Faller, of sald city, belng sworn, raith that he wae prose Supreme Cours ro mon the 15th of July instant, when Mr. Juetion Peabody aj ed, ard the proceedings before bim commenced the warrant to arvest Charles Devlin was delivered by the Judge to Hoary Bortholf, aad by the raid Bertholf to Mervin R Brewe-, me af the coun sel for Danie! D Conover, and was by the said B ewer Fent to the Shertif's offlos by Joseph B Pollock, That the wearch warrant was afierwards banded by the Judge to — said Bertholf to Mr Brewer, court reom with it And thie Geponent farther raith thet ho se ir Jamer T Brady teliver to the seid Conover the pape-s perparting to be a cony ef the summons, compiaini and injanetion in this ection That Mr Conover sat ai the table between Mr. Noyes and thie deponent, ant Mr Brady sat « fow feet behind bim, and when Mr. liraty served the said ps pert, ne walked forward and banded them to puover over his shoulder, without yo | & word, end that when he #14 so Mr. Brower already’ gove out with the said second warrant And this devenent fur- ther saith, that when tho said paj were served, Mr. Conover banded them to Mr Noyes, who com mented read ing them. an4 had not books were brought in. ‘Word th respect to the said warrants or the service there Of, OF the removol or disposition of the books and pacers belonging to the Street Commissioner's oflce, and referred to io the said warrants. And this deponent farther anh, that after Mr. Brasy bad served the eald papers, Mr. Brady Tone and stated to Mr Justice Peabody that he het an an Douncement to make, which was that sn {njaection bad been granted by the Court of Common Pleas, which he baa jnst served opon Mr. Conover, and whic» Mr. Conover was then reading, which would prevent the further souon of the Court: a discussion then arone between the counsel, the whole of which this deponent heard: that Mr. Field aid not state in submance “that when an injanction of the Court of Common Pleas came to him (Jadge Peabody) he the eaid Field) hoped tha the Judge wood treat it as ho the eaid Fred) had done—put it under his feet,” nor did declare “thet said injuncton was no better than waste paper.’ What Mr. Ficid sald on that subject war thie—“If T were sitting im your place on the bench of tho Supreme Court and an to juvetion were to come to from the Common Pile, to restrain my action, | would trample it under m fort: and * If tae injanction were e roving in, action, ad, drewted to every body, It wat no botter tha waste pa Jor ” it further ea th, that he fullowed the eit who shortly after the books wee b ia went aver to the Street Commission ¢'a apar monte, ia tae Hail of Recorder. that when thie deponent arr: od the-e he found the raid Gonover in the privote room of ths Street Commissioner, where Charies furner aod Jehn W. Bennett ‘Were Aiko: BO that this depovent was near ube said Oono- For, and ircertain that he did not touch either tho enlt Bes nett of the said Turner. of airect, nek, of incite any one else to do 80, no did ne threaten tham, o any one else in any mater ‘ebatever An! this devoueat farthe> saith, that he beard the eaid Conover announce to all pe-sons In d pee ned notto kaow exnctly what he war about Woda Fl LAR Sworn, daly 22 1567, before me, G. T. Gawe, Comaie- missioner of Deeds Jone 8 Arrbavr. Cey and County of New York, —John Cotein, one of the clerks in the Street Conimiasioner’s office of #aid city, D ing eworn cath— Taat he went to re treet Commiast er's apartments on the 18th day of Joly, inet, where he found Joba Ro Farrington and Charles furmer; that ald Farrington had with him a search warrast from #r tice Peabody, and be requested this ds ponent to point eat the books belonging to raid office, which thle deponent preceeded to do, and tho sald Farring’on took possession of the books and pavers belotging to the office, away rome and took Away BOme Others himaelf: thie ponent heard nothing of an injaoction until Mr Fa-ringtoa was carrying ont ® third parcel ef books, when Thomas pent df wen ot Init on the bueke @ paver purporting Sovpy Of an injuction. And thie depo cent further saith, that shorty aftorward Daniel 0 Wooo var came in and walked quietly into the Straet Com nis tlioner's private office; thie deponent remained with Mr Conover watil Charles Tarner and John W, Benn st lef aid private office, avd that daring the time taat thie de pana] was there sald Conover BM touch eltner sald do eo. font de or Bennett, or direct, ask or inci any one else to rw YORK AERALD, THURSDAY, JULI 23, ibd go ‘RxeD's eee — County jew Yok, ss —E Harrison sald clty, being aS ae tha he was present in the Supreme Court room op the 18th of July iast. whea Judge Penbody enteres the room, aud remained io the room ua til botn the warrants hac been sigeed and taken awa ; thes unt! after Mr Brewer had loft tne court room with the seach warrant, nothing was eid by Mr. Brwly or ‘anybody else respectiog an injunetion And thir devo pen further saith, hat be weatso the Street Comm sloucr’s apartments rhortly beture Mr. Conover ca an; that Mr. Conover came io quietly end went t» +e Com missioner’s privae office; that aid wert teach enhor Qberies Turner or John W, Beuawtt, nor direst, ak or icky apy one oke to do 60. And dopant furtoor aye, that he was present dering all the time of the Urecursion reanecting the injunction, end that be heard all that was said by soy of the coanwl oo tnat subjrct; that Mr. Field dis not «tate that “whea an inj asc. tion of the Court of Commou Pleas came to him ( udge Peabody), be (the 14 Ficid) hopet trat the wait Jiago would treat it a+ be (the «ald Field) had done, pus it under bis feet,’* nor did M) Fieid deciare “that the said inj wo tion was mo better than waste paner.” Waat Mr Field said @n that subject was tris—“Hf [ was siting ic your place on the benoh of the Supreme Court, and ap inj ius tion were toc me to me frm the Common Pirar to ra strain my action 1 weuld tramols {t under my fo-t;’’ aot that “if the injunction were a roving inj insuon, widreased 0 every body, it was DO beter than wart» paver ’ & HARRI3ON REED Swern before me this 2iet day of July, 1857.—4 F, Haws, C mmissloner of Deeds. JOUN J SULLCOCK'S aFFIoAvTE Oity ard Uourdy of New Fork, ss —Jorn J Silleoek, of » Delng sworn, 6a-s— ‘hat re was in thecvir rvom * Judge degen the ro reedings; that the Aird w rapt was delivered to Mr Bertholt, and by Mr B rtholf to Mr Brewer, und by Mr Brewe: to Mr. Potiosk; that the cond warrant was signed by the Judge and naated to Mr Bertbolf, and by tir. Rertholf huuded to Mr. Bee wee ebo Jeft Court with {t immediately ; ano until Mr, drewer bad Jef Conrt, not @ word Dad b-ea said about sn injanc- ‘lou by Mr Brady o any bodyebe Aud defeniaui furcher ay?, that he went with aait Conover 1 the iret omts joner’s aparimeats in the Hall of Recorca; that Mr Coao ver went q ietly into the Sireet Commixione's «fh ve; aad went quietly to the private office of she treet Conm + ioner, «bere Charles Turner ant Jonw W. B ane't thea were, and that the said Conover did not touch either oftaem, nor direct, srk or lucite any ene else to to #0 Tals depenent reroained with raid Conover till the closing of the oifice, during which time sad Vonover did mt tousb any one of the papers. books, maps avd documents belonging to the office, nor atrect, but, on the contrary, gave expross directions to all perrons present not to euch aay of them, and gent ovt and precnred paper of bis own to write wv0a: Ubat when Conover first entered the “tree: Com nis-iouer’s apartments Turn-r »as in the second room, and as Couo ver WAR parsing around the railing tp the third room fur. ner jumped over (ie railing and seated bimself ia the chair wrually ooon pied by the strect Comm esianer, but treneacted bo basics: there, ant did pot remain in the «Dair more than two or three minutes, and that sald Ban nott wae not inside the railing in als third row; that Cur- per and Bennett doth loft she third room long Defore two o'clock; that Conover cid uot threaten Turner with any violer ce whatey \ JOHN J. SILL OCK. er. Sworn before me July 21, 1867, 8. Tf. Haws, Commis- sioner of Deeds. JAMIS PROUTLAM'S AFFIDAVTT. City and County of New Fork:—James Peckham, of said city, being uly sworn, seith that be was presont in the Supreme ‘curt building ov tho 18th of July instant from the lime Mr Justice Peabody took his season the bench tit! afer the second warrant bai been taken out of Coart by Mr. Brewer; that during &! thot time net one word bad been aid by Mr. Brady, or any other person, respactiag ‘an injancticn,and tat when thie deponent left the Court room, he left Mr Conover there, seated beside Mr. Noyes one of bis counsel. And this deponent further saith, that he followed Mr. Farrington to the Streot Com. missioner’s doy , and entered the apartments immediately bebind him and remained witb him tll he. anid rringtop, gave this deponent an armful of books t> take before Mr Justice Peabody, whisb this deponent dit, ‘and that ao long as this deponent remained with the said Farringt op, po injunction or Paper of aay kind was served op bim por was the subj’ct of an tpjancuon mentioned. ‘And this deponent further saith, tbat afer detiveriog said boows to said Judge, be returne’ to said Street Com Missioner’s apartments, and that shor ily after bis arrival thore Mr. Conover came in and walked quietly into the private office appropriated to the Street Com missioner bim- reif, and there remained until Charles Turner and Joho W. Bennett had left that room, avd that said Conover did not touch either of them, or direct, ask or incite any one elve to do #0. JaMk4 PEOKAAM. Sworn before me this 22d day of July, 185i. Samum F. Aten Commistioner of Deeds. ONRVH PR. PALLOCK’S AFRIDA\ VTT. City and County of New York, 3: —Joseph B. Potlock, a slerk in the nA Comunissioner’s office, being duly sworn, saith that he was present in the Supreme Coart room, On Saturday, July 18, whem Mr. Jus ice Peabody took us ou the bench; that Mr Covover mat to the court beside Mr. Noyes, ont of hi counsel; thet the first warrant was signe by the Juatica, handed to Hem holf, one of the officers, and by the said Bertholft was handed to Mr Brewer, and by Mr. Brewer to di ¥ ‘who took the same at once to 1! faith that the said Conover did not touch any one of the books, papers, map* or documenta belongiag to the Street Commirrioner's apartments, and be gave express in- structions {mn the Street Commuinsioner’ partmente not to touch @ single book, map, ment belonging to the department ponent furber saith that he was prevent during at the time of the aisoussiou before Mr. Justice Peabody, pees pinges | the injunction, aod that be heard all that war ic * any 0’ counsel on the subject: that Mr Field did not state that when an tc junett on of the Common [leas came te bim (Jacge Peabody) ne (the said Field) hoped tbe tald Judge would treat it as he (nid Field) had done, it itunder his feet; nor did Mr, Field daciare tho eatd Injarction was oo better than waste paner What Mr Field said on that object war:— If T was aitting in your plare op tho bench of the Sopreme Court, and an injanc- tien rhould come to me from the Conrt of Common Pleas to restrain my aevion, | would trample it under my feet; and ‘har if the tpjenetig were a roving to): at reoted to every body, It was ne better than an 0 a P fromm to before me, the 21st July, inet, Commirsioner of Deeds Mr Bondy raid that as tee testimony was very conflict ing, he weald ak that the case may bo referred, ax ho would like have Judge Pesboty, Mesa Noyes, Field and Berth If exa wined, there partier being dix oterested POLLOCK, G, T. Haws, He thought that the statement in the afidavita showed | clearly that a contempt bad been committed Mr Fi ld objeovod toa reference, aod wanted the case | to or ceed then fhe warrants were issued by J Peabooy before Mr Bravy said a "ord about ihe tion His vi i friend wat hy fa Co rt ail U Hikerowe @tld animal warcbing for hie p be warrants were “Ong signed he thrast the imjsacti vo joto Mr, Conever's bead. HH» bad not time to read tt and COvId Det FeDd port baste wo Hoy the execution of too war- rents, The teatimony of nine gentlemen t# porttire as to Ube time tbe Injon tien wax served. He thought their an fwer ty every charge wes ovmplete It wo.la be a nard- abip to give the care w referee, ant he hardiy tho-eht it vould bea deoont apeciacie to bring « Jnigs of the Sa- preme Coort in here as a witnens, Jon0- en and his course! we ¢ momt serapulous ip rerpecting hie Honor's injunetion, a soon a» they *a~ it; though he eas of opt- iow that it Way LOS Dindine On the Constabio, yet be ad vised bim, out of respect for the Ovrt tooney it Mr Uo ‘er toughea & book ip the Street Com alast der'a «fice #ipce He even bovgut vaper a his own expense 1 ‘eon They bad come there to show cause, aad be (Mr. a= thought they had shown it by the testimony of ree wea ir, W Curtie Noyes exid that if the injunction hat been deliberately contemard the vioiat we ought to be punished If tt is 80 pinta that it bas been comemoed, as Mr. Brady says, there is no need of a referee. Whether it has bea fo treated of not, he *ould say that if there had cone contrivance to get it violated ft ovald not bare besa more tkilfully planned. The & ypilcation for the injunction wae made on che 17th Joly, while the proceedings ware pend ing before Jodge Peadedy, aud when counsel wore in dor Dt ag to whether he would isene the wa raote. If it had been rerved when issued it ould hare been only fair and honorable; but it was kept back, to sit a purpose, until warrants sere cone out of court; then an oral procla of it existence was made: the Intentl»s was to Craw our chent into an unwitting violation of it. Mr. Noy contended that it was pot due to public jartive nor to Ul conse! 10 grant & to bring aj wicial officer into court, #hive al! the charges were mt with a povitive de- nial by men who were co>l and unexcited at the time they witpesred the { roceeniugs Mr. Brady said the papers protuced by the gentlemen on tho other fide exhibited ao amount of pouyingzing fod thimble riggiog, to avoid the injunction, hard ty that in any Ouptry Io the world, There was # p econ. serted sebeme before Jutge Peabody took big seat on the bench to prevent the tej inetion being pabliehed The gevtiemem can show their einoerity by consenting to the referenee; they alil thon base an opportanity of dia roving the charger against them ff thay are not trae, yy lenrned friend, Mr Noyes, wayt we wore in doubt ax Judpe Darien’ Coeiion On the eontrary, all the coun on thie rite felt an absolute certainty that the certiarart would be quashed that Saturday morsing Why does not Mr. Field biowe If deny that he need the language {mputed tw lim wih reference to the Injanotion—ianguage which, by aringular coincidence, two or three of his #tinostes pg have been |, 1p almost presisciy the same wor Mr Flelt—1 do deny it. ee ee on age was used as tat ir. Field Will Mr. Brady make an aMfdavit of that? Mr. Brady—I will meke en aifidavit of tt at the proper time, There wore tvo counsel—in door coansel—r Field and Mr. Noyes, attending to thit cage in Judge Poa hocy's court, and one out door counsel, the fleet winged Meronry of the care, Mr. Brewer, flying off w the Street Commissioner's office to adviee Mr’ Farrington to disregard the order of thie Court | maintain, and a by Mr. Brewor bimeelf, that the fat ofthis (nja being in the SherjTs office was known two hours before the Ooort opened, to bimaeif, to Mr. Vanderpoel, to Uonover and to the couneel. Mr. Noyes—1 knew nothing of ft. Mr Field—And I knew nothing of it. Mr. Brady=I won't take that Mr. Fled—1 yar must. ‘ Mr. Brady—i not—por if you wore the King Ne left the court with the warrant. It was confereed that the constable was aivised by cnuasel to djeobey the injenction, end every one remembered bow Covorer plunged oui of court to take possesion of the foo when Mr. Devin was rent to jail. Mr Brady concluded by bing for aseference, ws the testimony was an) ertly coutlioting. Mr Field desirea to speak on a personal matter, Mr. Brats hed been uring Ofleurive language towards him all through this caro He now charged bim with saying what be aid poteay. He said that “if be were ayjuiga of the Supreme Ocurt and ap Injunction had been served ou him. from the Common Pleas he would trample 1) upoer his fees; that if this wax a roving !njuncuon widressed to any or every body, it was pot worth more thug waste pa er,’” apd he would’ repeat the ume to his Bono-, Wo aad far too mang injunc'ions for a free poope, and tho time woud came when they woult not be allowed 0 issue @tall, May his hand and touguo be palsied if bo cid op ore alt injusciions served on courts Me. Field objected to the opporie counsel dragging bim fp a6 & party to this sull; ruch confuct was above any decent member of the profession, He disclaimed all taten tien of disrepect 1 that Court or its Jadge, for whom ne slways epiertainoc the highest opinion aud co: ddeuce. Mr O'Coror, after exprotsing surprise that counsel should take offence at being ainde a de’endant fy a suit, uroceeded to argue in favor of haviag tho caso referred, onthe ground ‘hat the testimony red was very con ileting He thovghs it was evident that Mr. Uonover and the pa ties had been mistaken as to the time whea the injunction was served ;and ‘hat was tho privcioal ques- ton. There could be no doubt tha: his Honor # tnj unctl wes dobeyed. It was rot domed the counrel atvises the constable partially, at least, tofdisregard it It waa repre- verted as something that might be disobeyed Ts was in timated that Cope ver aid not foliow up the seizure of the bcoks, but be went to the office and took poaseasion of it, and of covree of the books and papers at the same tims Jt ts pot denied that when the lsjuaction was .erved the yapers were in Turnor’s control, yet ia bs! an hour after- wards be was turned out and Gouover was tn full posses- rion, With e knowledge of the injunction wa atrampt was made to violate it bofore it was acen, by a hasty arion. What was this but contempt? Was not Conover — scontrol and dominion after the injunction was servi which be dia not exerctee beforot Tuere was s ssoming contzadiction in the testimony of moa whose oatbe cer. tainly were entitled to reapeet. Mr Oonover's oath ant tr " Field's were worthy of reevsct; put the later abstain from msking one. Io order to atrip the dis. guire from this artifve it was necessary to have more ovi- cence He did not eay that the iestimoay of Jute Pea. body or Mr Noyes was neccesary, but he hoved Mr Field would make it apparent beyond all doubt hat toe charges against bim were untrue; thai be would have an opportu nity of protecting bis honor, and fully exculpaiing him*eif from every inetavaiion. hiv ne could do if bis dunor granted what they wore asking for, Mr O'Conor said Uthat reference war made to the order to show cause why an attachment for contempt shoold noi iseue against tho Mayor; but that was not an analogous case. he Court could cot pretend to hold the Mayur responsible, for it wus {mpoeble for him to suspect thet the Corone- bad a war rapt for him when he asked © see btm The Joroner is note process server, and tae Mayor and several other parties swore that ho did not rey be wavtea to make ap arrest. fhe action of (tis Coroner was @ gross and bor rible outrage, calling ovt the police ani the army, aod getting up & battle ro) al of thy uature of au insurrestion in the Lay aeongpa ad of the City Hab, Taa: care haa no rele vancy bere, vuless injerd 1} may be rnown that the same parties who got up that afair are in contempt here. There are two classes of men who, everywhere alike, hate the forms of law, and denounce the slow processes of courts of justice—anarchists and ty/ante. We have no tyrenta bere, but we have aparchints; and itis oaly by our courts of justice using heir power, and enforcing respect to it, that the government can be prevented from going to’ rack, and the rights of our oll. zeus be preeerved from violence snd outrage. If your Honor do not punish this contempt, the object of your in jupction is ¢efeated To o¢ sure, if the oartics in contempt make proper amends, by apologizing fur what they bare done, anc putting things into the came con iitios thay «ere when your order irsued, your Honor can dec are that tbe contemp'uoos words and actions were nit instigated by any spirit of offence to you. For tx general god, ( hope you will enable us to proceed with this investigation to tatiefy you that the contempt was dviivera’ ‘The Court decided may yee on the question astothe time whep the injenction was served; it was only for that Becesaar’ at all, aod the testimony should be cn tped to that ,cint Tne Cmrtrog ce to counsel that it would he better if they abstained irom tbe persona)i'ies and bitterness evinced during the proceedings: it did not delp the case, and was unsoamly the allusion of ove of the counsel abot boing included 1p the suit, his Honor chiefly referred. Mr. Field eaid em certainly charactorized that as vp: . sit was unnecereary. for he ‘acted in this case solely ax a counsel. Bo had no desire 10 barm or apnoy Mr Devlin. He was ones bis client, and be haa every respect for him. He would rake the Court's advice, and express « hope that counvei oa the other side would believe that he did not mean them suy wrong. Mr Noyes—One of the oounsel on the other aide made some allurions to petsifogging ani thimble rigging. I thing jou to notice that at the eame tan Mr. Brady—I take beck — Mr. Field (starting up)—Then I take hack i that Teave jnat paid, and [ repeat all the Iaaguage i used before, (Laughter), Now, your Houor, let us go on wita une other motion yas then agreed thet the Gourt should appoint the re feree at 11 o'clock thin morving, ane Mr Field proceeded to read Conover's afidavit on the motion to discharge the Injuvction tasued by Judge Ingrabags Mr Brady reminded tho Uonrt that there were two mo tions oP this eubjrct—oue to Gocerye ‘and one to continsn the injunction. “He supposed that both would be argacd Court raid that was the intention After Mr. Feld bad read Conover's complaint, the Court ‘adjourned to 10 o’slock this morning. ‘The Street Commisstoner’s Books. SUPREME COUST—sPROlAl TREM. Hefore Hop, Jaage Ps ahoay IeLY 21.—On the wd jourament of tbe Cours on Saturday , Jndge Peabody ordered that the portion of the oaks of the Street Commi-rioner's eilica which bad been oronghi before bim ebovld remaip ju the custoty of Harry Bertbol” Uli yesterday st 12¢ ‘clock, when sch -furiwer disoonition was lo be made of them as might De deemed prover. Mr Field, .Jr., wax presen’, Dut no one on the opposite side appearing, ibe Judge adjourned the matter till weive o'clock on Saturday Sult Agatnet the Clty for Services In the Sircet Commissiover's Vepartment MAKINE COURT. Rofore Hon. Judge Mevuarthy: ITCLY 22 —Legget we The Mayr, de.—Tho platwtit in a clerk ip the office of the Street Commiaei yer, under an ‘appointment from the late Joreph 8 Taylor, at the rate of $1600 per anaum This action te brought to recover $416 66 for balance from Ist of January to ist of June, 1867. It appeared from the evidence that about the le Of Japuary, 1856, the Street Commissioner heing shart of clerks, appointed several persous (tbe platnuli! with others) as extra clerks, under a per diem allowance = Thai on ihe ‘2th of April, 1856, the Common Connet! organized tho Street Commissioner's department, allowing him nine clerks, At that time there wore eleven on duty, The Street Cemmisel ner continued tho eleven up to the tims of his death, Comptroler refused to pay more than pine, although on the frst of every morih a requisition was made on bim for the eleven in the tax levy for 1857 an amount for arrenvages of exlaries «nificient to pay plato and others up to it of Janoary, 185 . #as razed, Which reitled mat ere up to that time’ Tac Street Com Mirmioner gave express orders that viarnti{f’s name ahoald be inserted every month ip the pay roll up to Ixt of June Inet; and wll the pinipti's name was not by eevoral the inet on the list so sent fp, the Comptrotier would not fay him—frat, oa the ground tuat ory nine ooxid he paid y law; end second, thet there wes ao money to pay plain tif, a the legal nemner of clerks hat sireaty been paid. The Uourt held that the Comptroller would have been Justified im returning the whole let to the Street Commis: rieper for correction, eud that be might refase to pry any ‘bt! & Correct Hirt war forut bed bim, but that be was nat Autho: 176d t) make rel ctions ont of an extended Hat, aod say who sboold of shonkd not be paid: that the plait war duly avd legally appotrted, and the tute to the Patirfaciin of the Commirsion-r; he was entitled + recover |o this ation Ip answer to the objection that there as no money in the trearery to pay & joogment, shoold ene he rendered herein, {t mufficiont to may, that Js the business of the platntif? when be ate mow to collect it, and bax nothing t Go with bie legal to recover. Judgment for plaivti $123 49, (amoum and interem,) be- wider comts, The Clerk of the Board of Councilmen, TO THR EDITOR OF THR HERALD. Cimni's Orrice, Bowen oF Corser wey, No. 6 cary Haut, New Yous, July 2, 1887 } Bre—T am compelled from your apparent refues) bore tract the charge contained (n the Henaun of the 20ch inat | retlecting upon my offivial integrity, by areerting that I ‘\dosignedly embezzled the notices after they had been drawn up and on their way evon, It ts tated,’ ont | special meeting of the Councilmen op Thurnday (or Satur day,) to ask you to Insert the following satetoeni, which 1 hoped 1 would not bo oalled opon to lay befors the poblic; but the charge contained in the article referred to ot uo serious @ nataro fogme to allow ty paws un ied. The articlo of the 20th inst. every reacer must hare been aware from {ts tenor, emnuatod from Charles Devlin I present the following faste:— A quorom pot bring present on Fritay, July 10, tho Board was adjourned wu\i! Monday following. At tho #0. Heitation of Mr. Deviio’s friende, the Presifeat authorized me to draft a call for a special ‘session on Saturday, tue itd Inst , which i forthwith eld, and called from,my dese on all members present In the ‘chambor to siga; many members upon the announcement ‘eft tho room. The clerk \+ not anthoriz: «i to ise bolce toa member coo vening tho Board, until the cali i* eigned by a majority of all the members etecte! (°1) aud it recover the sanction of the Mayor. Seven inembers only bad signed the cal', when Charles Devlin, (when lobbyitg,) wont to sy oftioe aod procured from the messenger a lage number of blaok notices, which he #aid he would Al ap and serve apon the members. Ho bad vo authority eo to do, nor had the clerk the rower to allow it The mossongor immediately notided mo of what bad occarred. 1 sent for Charles Deviia, who came to the chamber, sad T asked him if be had any papers belonging to my ofioe, and if he had, what be fotendot | (- them; he he a — wi id rer’ Bern. I then ‘stated that {had wot yet Ue asthe, rity to call the bad, the proper officer ebou!d serve Ye notioes, insarauch ticke Ssoee ii H Pr eB PAVE FUblicity to the KeeRlon, and Unofficial - ere, I Carri me g ferniabed by #6me ObO, Wore at work Guring the entire day, endeavoring 0 procure « qu The ehove truth, which every witaran (sx oF eight wore presen’) will testify to, and who are of different pe- litleai faith, vtily tena ta exnibtt now much I merit the am. up warrantable staemens Of the 20. int O T McCLENACHAN, The Weather Last Week. The following 1s the result of three daly observations ts New York city, of the range and mean beight of the bare- ueter and thermoweter, the temperature of evaporation, the force of aqueous vapor and dry air, the relative mote- ‘ure and dryness of stmospbere, the proportions of slouds and clear sky, the course, character, velocity anf Movement of the wind, and the quantity of rain, daring the week ending Wednesday, July 22, 1967, at 7 A.M. 2 “Feseae le. PESEPESIn Pree pry SSSEt ty ES 8s ....18W Kent ‘e-pile} QU ey 4|8 Ejbreeze |12)N E) breeze) ight 2....1N@lbreezel 4 | wn Se ee EE ESE So The force of aqueous rspor and dry air, and the relstive moisture and dryness of the atmosphere, are caloulated from the thermornetrical and psychrometrical observa- dons. *t The proportions of clonds and clear nity arc dotormined oD the British Association scale, ranging from 0 (entirely slear) to 10 (eatiroly clouded), the intervening Ageray forming fractional numerators of 10. (fy ‘The pressure of the wind ai the velocitics givom above {e eattmated by Roure to bo— | Very Wi a cone 2 malleg pet Rewr O08 Ihe, tenyenre tah. ) i) 4 t Freab breeze 3s be 1 « « Sreng wins B « « 8.000 « « Higb wind 6 « 6.000 « “ Gale 6 “ « 19,000 « « wrong cule o « « 17.000 bed “ ‘The movement of the wind is an approximation biwed on the mean recorded veiccity. RRMARKR. Wrnnmspay—Morning, wholly clouded, hea Af. ternoon, liebs cirros and cirro comatus; Tras breeee, Fvening, bat clouded, cumulo stratas; fresh breese from pouth TivKspay— Morning, balf cloudet, light cirro camvtas; Me breeze Afernoon, cirrs-comulus and froeh broses. cepig, baif clouded, strats: gentle breeze Fainay—Morving, wholly eloudes, gray; contle breses. Afiernoon, nearly clear. Fventng, slight stratus on elowr | hy. Gentle breeze all day Sarcxpay— Morning, wholly clouded: very Hight breess. ’ Affernon, curro cumulus: gentle breeze. Fvoning, halt | Clow ‘ed, etratus; very licht preere, Stspay—Morane thick tog: vere light breezs—subse- quently clear, but Clouded at ioterenis: thender. afier Doon, Sioudy; frevh breeze. Evening, balf clouded, o- mulo strats; freek breez: lightning Ml afer midnight, When rain commoneed ant comioned op to Woxpay—Morving, for about three bours—7 A_M., ay ope-ibird clouded, cirrus; very light breeze Al cirrus; gentle breeze — Evening, cirrocumnius; fresh Drev ze: ligbtulng throngbout the night Tempay—Morping, cloudet; gente breeze. Afvornosa, half clonced, cirro-comulos; a! 3 T M_ overeioaded for sbovt thirty minutes; gale from southeast; a few large of rain. Nignt, Deavy clouds, damp Ewe ATMorping, mist; po perceptible wind; dry times bore. The mean barometer heirbt wae 2984 tnohes; mean temperamre of the week 17 dey hichont potut 85, = the afiernoon of the 2%h; lowest pott 6, on the night o the TL: rang, 22 degrees, Moisture of the mir ranged from 090 (aine nuration) ts 0 64 (onc-balf aatum- +, , Nou) The quentiry of rain was 0.250 (one quarter of an» * {och). The general character eo week was warm, with cloudy mornings apd a damp atmosphere ‘Theatricat Nmio’s Gavan, —Ove more oy the pubiie tow ight ty witness the bri epiliie? “Blanc In which the Ray Mveh spp nuse by their ioimitadle pantomimic acing wtoni«bing tricks atd trans o-mations = Kimke” i# geo eprcurro. Retween the pi-cos a promenade eoncert will take place in tae garden, Bowery THeatae —The favorite drama of the “Corstonm Brothers’ is ty be performed to night b; cap, heacct by Mr. Edoy asthe ti Seord” follows, with Mr. R Johne on in his great part of Ugoliae, and the sbole will copotude with firstans Pg aa Mncaire,” in which Mr. 0 T Smith personater Berton's -- Another promenade concert ts to be gira to ight at this honse, which bas been expreely alieret and adapied to feetivals of this kind. That they are calce- lated to become very popular n~ one #ho has listened wo the murte of the tmmense orchestra ant choras com last evening can doobt The prog-amme ts filled ue finest mv cioal gema. Wariack’s —Two of Plavche’s mort mucceasful pieces, , the ‘Grist to the Mil,” and the‘ Tovivible I'rince,”” are te be performed thir evening! Tt {1 almost uni * reprosente Tare. 0d! that tue chief ebaracters wil) A»: Jobo Wood, whose fame aa» #par acters ood eg ftrear is endorsed by all who aitend this pleasant theatre, Awencan Merete —Prof Wyman, the oxtraord magiomn, will pertur nn variety of his mareellous by and evening. He is an accomplished adept Coron Oram =-Geo. Christy and Wood's Minstrels and the Brothers Bryant tpder long lita of eowgr, burlesques ‘Abd dapece for the edidoation of their friem 's to-night. ; BUcKiey's Crews Trover are reported 1) have woe) golden opinions by their ballal entertainments tp (Now Engiand. They are io oot nee tn Providence to-night. yh Archbishop Hughes on the Catholle Charch, TO THE Lvrror oF T BFAALD. Sr. Nicronm Horer, Jaty 22, 1867, Op reading an article in today’e Bewatn signed by Archbishop Elaghee,a paaaago arrested my attention wiaioh think, reqaires come elucidation by the Archoiehop or rome of bia frients, Tbavo no disposition fn the world te criticise the article, Inthe mato T think it @ ory woi writen castigation of tho sbuMing editor of the Times anc ion, however, shows, I serena, of the Archbishop; produce D or e! fats aa folloder— an We nau. and all that if the forger were not es ignorant ae ‘ he should know that can have po, \\ in the Catholls church.” Tonly wish to ray that, te) / >! ‘Alocers of South Carolina and North Carolina, in the r m predvced by the death of Bishop Reynolts, the Very Rev. Dr Lynoh, of Charleston, bae acted ar ad miniatrator; and was ons tour of duty’ te that capacty two or weeks since, Wil the Archbishop oxplain how this cao be if there is n0 such office aa adminstrator, in the Catholic church? Parat Acorent at Loni Parr Worrs.—Jo! incgowan, @ Sootvhman, only three weeks ia this country, got caught this morwing im the driving wheels of a calen' derat which he waa working, and waa mutilated io @ shocking manner. Be lived only four liours afior the ae cident, Poor fellow, be came to this country fatending sond for bia wife and five chitiron, who aro (a Glasgow,