The New York herald., 1851-08-02

THE sTATEN ISLAND FRRRY coNTRo vERsY-A SCENE
IN cooxi-vkRf NEAR A corNirrAL
Auo l-C0~eiias panderbik rs Geo Lsu UIs, b. 7bvn-
s,nd John Barsaer Denl Hezlton-Ths motion to make
The temporary isonction which had been granted on
morning. Mr. II Y. Clark opened the M ,tjon nv real
ing the COMPLAINT and sndavits stating that Nj Va.
that be eans were oonSni"s tosstEsr 10 soa aa
nus tbe obstruction Of their dock over his premises
without his consent. -
mr. Emerson on behalf of the defendants read tbs A.
fdavits Of Mr II NJ. Western and Others stating that
the title to the premises wasin Mr.. Western.
Mr Clark offered to read the conveyRnces affecting
the premises in question: and stated that he could salts
fsctorly prove % the court that the title in Mr.
' anderbilt, and not in Mr. Western.
This not sssented to on the other side, and the
Court stated that it impossible to try the question Of
title the silegatons of the parties, and that
mnaon Of the convcyances was ,essary for that pur
pose H Honor therefore directed that IL be referred to
the Hon Green g. Bronson referee to examine and
port as to the premsss and that IN the mean time and
until the further order Of the Court the defendants and
plaintiff bs both restrained from entering upon or using
the prenites in dispute
MIR. Western made some observation, with emphasis
and the exact words did not catch, but his
remarks TO the effect as understood, that he
would notwithstanding the order Of the Court maintain
his rights by force, ii necessary.
The Judge Immediately interposed and said that
man shoui BE- permitted to hold out threats in court
sons 1t was therefore, his (the Judges) duty to
that steps should be taken forthwith the
ryng OF those threats into execution and he would now
order Mr. Western into the custody Of the Sheriff. The
following commitment was Immediately drawn out,
and placed In the Of Mr. Hitchcock the princ
pal officer in attendance-
Special Term Of the Supreme Court, held at the
city of sew York, on LIST day Of August 1851
PIefent: Hon. James G. King, Justice
Mr. Henry NJ. Western having, in presence Of the
Court th atcned violence he ordered to be committed
the custody the Sheriff until be give bond in $780,
in his ecognzance to the people Of the State Oh
New York (Extract from Mnutes)
GEO. W. RIBLEr, Clerk.
Mr. Emerson then rose and said that he sure the
Court have misapprehended the expressions made
Of by Mr. Western
Mr. Western. in explanation. addressed the Judge In
very emphatic terms and called upon him to pause b.
fore he would act in manner which, he submitted,
would be upjust and arbitrary in his honor judge
and would degrade him Mr.. W as lawyer. lie
maintained that he had given expression to sentiments
which were perfectly jushabe, and which, as citizen
and a he would contend he had right 70. He had
said that be should in self defence and that as his
to assaut and it So be prepared to dSnd himself
personally He would ask the Court, would 1t tie his
hands that il outrage COMMITTED on him he
could Eot resist it! =.
Mr. Emerson submitted that though he would not add
anything more thar had been said in explanation,
he confident the Court understood the nature Of the
observations 81 Mr. Western, and that, doubt, his
Honor under the circumstances would rescrd .he order
The Judge said that If he mistaken to the tenor
of the observations OF Mr. Western and Mr. W. asserts
that he dd intend to threats Of violence, but
that be merely stated that he would act in self defence
II necessary right which every clam-he(t (the
Judge) presumed he Lad mistaken the observations Of
Mr. Western and would therefore, rescind the order for
hi. commital The therefore rescinded and
the natter which, at time looked rather serious
eId'Q