The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-05-29
supreme Court.
Before Chief Justice Nelson and Judges Bronson and

Cowan. =
MAY 2S.-Case Of John C. CoH,-Messrs. Selde, and
AIorreI counsel for prisoner attended this nornin arJ
made application for the Court reconsider the order for
nonsut decreed yesterday. After explanation the sub
cct from Mr.. Selden the Court consented reopen the
case and directed that argument should be presented
the ensuing term. to be held at Utica in July next.
Mandamus.-The writ in relation to the Sixth Ward
election, issued on application of the assessors but
vovng the ALDERMAN assistant and other ofcers-and
also complaint OF Mr. Taylor, who claims to have been
elected Clerk OF the Board Of Aldermen again called
up and the argument proceeded Mr. Lord opened for
the compliments He entered fully into the partic uars
OF the election, and read adavs BY which il
that the wing members had plurality of votes In the
three districts relative 10 which there is no dispute Such
also the case in the first district where the
disturbed by mob whilst counting the ballots
Some stones were thrown into the from the street
and the persons officially acting left the room but 9th
remained and make affidavit that the ballots were not
dis urbed, and no person. except wachman, into
the during the canvassers absence He was ask ed
80 near them and did not The ballots we're then
placed again in the boxes and carried down the MAYORS
office counteda return duly made and handeto the chair
man. be presented to the county board Of
was however subsequently withheld and the validity
of the election denied Mr. Lord commended that there
good ground for SUCH and showed the danger to
be apprehended from mob being permitted defeat an
He was followed by the Mayer, who stated that the
came to his office the evening of the cleo.
ton and counted the votes in the public He neither
counseed advised with them being in his private
office during the whole of the time. After thew had got
through they enqured of him what best be done
and his reply was that they they fit He
had nothing to do with the returns until they had been
regularly presented The Mayor then entered into par
tcuars related to each officer and his reasons for re-
fusing in the candidates that presented them
selves the substance of which is the already pub
lished As respects Mr. Taylor aidavits presented
from the bystanders that he duly elected but none of
the Wing Aldermen forming the F." mock board, the
pretended oard" as he designated them had given af
dav to that effect they hardly venturing under their
oaths to state that they considered themselves legally
constituted to act Board of Aldermen. The Board Of
Assistants met, but Mr. Atwell was in After
being organized they proceeded to business vote
TAKEN three Of the minority voted the side of the nine
majority. The minority finding it could not succeed,
motion made by of them to adjourn and the
whole, without waiting for decision gave leg bail,
out of the ROOM The Mayor renewed the expression Of
his belief that Mr. shaler had not only right but
bound by his oath Of Office to hold until other
person sworn in his place He quoted from the Mont
gomery charter which he declared superseded in
this respect by the terms of the charter amended He
cited the decisions ofChanceor Kent whose character
and talents all reverence and admire"-Dewtt Clinton
and others The Mayor alluded to the of the mi
nory othe Board OF Aldermen in their pompous order
the Chamberlain not to pay any checks but the Bank
had not deemed necessary to obey SUCH
100000 having since then been paid and the wheels
the city government continuing to move on undisurbed
After going into the whole merits of the case the Mayor
solicited the Court to look upon his &C with
those of any other person. to weigh his conduct Mayor
Of the city, and as Mayor only he having performed his
duty, as he believed, strictly according to law.
He followed by Mr.. Woop, on behalf of the appli
cans He stated that form of government was ct
sidered cXpermentwe have confidence in it so far but
afforded the best of will tremble for the safety of our
constitution Our hope is in the strong of the Judi.
cary Let that be put forth in its power and protection
and all will go happily and smoothly yet. Mr. W. went
into the particulars of assing the tickets the May
or Office the complete return made, and the giving of
the certificate the part of the inspectors to Mr. Sin.
clair their chairman to be handed to the Board of
Canvassers They then confident and decided said
Mr.. w. but on the lih April when but single day had
interviewed, "a change came DER the spirit of their
dream" they not that the perfect
and all at became as tmd and cautious suck
ing does. Mr.. Wood cited several authorities to shew
that the election should not be disturbed and that the
uermost could not extend beyond the district where
the difficulty is said to have occurred.
He was succeeded by Mr. Cowdrcy for the defence and
Mr. Foote on the part of the compliments who addressed
the Court to a late hour.
This is the last Court and the decisions in full
will probably be given on Monday next.