The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-06

CITY CoURT-NOvEL roIST-rNJUNcTIoN AGAINST
THE POSTMASTER OF NEW YORK.

CITY couRT-NovEL roISr-rNJUNcTIoN AGAINST
THE POSTMASTER OF NEW YORK.
Before Judge Greenwood, ut Chambers.
Mr.. Brady, the New York Postmaster appeared yes
terday Saturday morning. in obedience to order
directing him retain and bring with him, certain
letter which had been deposited in the Posofhce and
addressed to Edward Cory Fairfield Works London"
(England)
Judge Greenwood stated the circumstances under
which he had granted the iniuncton:-An action hac
been brought in that court, by Kirkman, against
John Cory, for serious injury sustained by the plain
ti from being shot at by the defendant and verdict
fer heavy amount recovered Some very questionable
transactions to say the least Of them had then taken
place the defendant had made his property to
Mr.. Sterling Smith. Proceeding under the CODE
lions 4 2s inclusive after the execution had been
issued the had examined Mr. Smith, when it ap
psarcd that he had paid several debts OF the defendant
and balance had been left due from him to the defend
John Gerry Of $500 and for this amount he (Smith
had made his promssory note payable at the request of
John. his brother Edward Cory who resides in Eng
left it in trust as il were with one Michael Nunen
clerk Of Mr. Smiths Upon this state Of facts the judge
had issued an injunction restraining Nunen from parting
with the note Ina question but Immediately afterwards
Nunen mailed It. enclosed in envelope addressed
a. above stated There seemed little doubt though the
aware that II had been made and that the had
been mailed With view TO evade that order and to de-
fraud the pssftin In the suit Kirkman by preventing
him from reaU ling the amount Of his verdict
Mr. brady, Who was accompanied by Mr. Van silliman
the Postmaster II brooklyn, questioned whether the
had the right TO make such order and whether
the Postmaster would be justified in OBTAINING letter
lie called the Judges attention to the thirty
tion Of the Post Once act modified In sa5, and now
in operation, by which he would be liable to fine Of $500
and Imprisonment for six months for OBTAINING letter
in his Office and rendered incapable of holding any office
for the future 1t would moreover be next an i'm
possibility to find that letter among thousands Of
Others that were going to England that morning.
Judge Greenwood said he had doubt to his power
to make the order for the prevention Of fraud and he
would not hesitate to enforce by issuing at
tachment
Mr. Brady cited the case diamonds which were
struggled by being in letters and then grave
doubts entertained to the Collectors right to
seize them, the Postmaster to allow him, difficulty
which got by handing the letters to the party
TO whom they addressed, and the Collector there
upon taking possession Of them. Another difficulty was
there might be other letters similarly addressed.
The Judge said that the latter difficulty did not arise
that this a matter arising under the State law and
not under that Of the United States and therefore he
had urs dicon that the section Of the Post Office act
read expressly alluded to where letters unlaw
fully detained with intent to delay their delivery &C
In this both the essential ingredients Of the offence
defined by that section wanting and the Postmaster
would be fully justified in acting under the direction
order of court Of justice. Statutes TO be
strued being designed to meet ordinary and it
had been well remarked by able urist that thing
within the letter and not within the spirit and intent of
the law is not within the law; and a thing within the
spirit and not within the letter within the law fit
otherwise in this it would open the door
many frauds by merely depositing letter in the post
Office and courts would be impotent
Mr.. Lewis the plaintiffs attorney, made some obser
vatons in support Of the injunction in which he said
that constituting the law literally the postmaster would
be bound to forward torpedo in letter
Mr.. Brady said If he could have found the letter he
would have taken the advice Of the Dist rct Attorney
New York but 1t impossible to do So to
search after the receipt Of the notice without endanger
ing the whole mail There 10000 letters going to
England that morning.
This explanation accepted by the Judge and the
plaintiffs attorney, and Mr.. Brady left the court.