The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-02-22


MORE ATTACHMENTS AGAINST THE ALDERMEN.
FEB. 21-7homas z. Davis and Courtlandt Palmer Us
the Mayor, Aldermen and Commercially Of the CITY Of Men
York-The court presented quite unusual spectacle
this morning Nearly all our City Fathers appeared upon
the motions attachment against them for contempt
and
Hilton appeared for the plaintiffs and moved that attach
s h for sae
Assistant Aldermen who voted in favor OF It,
The following is copy Of the AFFIDAVIT - No.. !,
derman of the First ward of the city Of New York being
sworn saith That the Goth day of December last
of members of the Board of Aldermen moved the
consideration Of the joint resolution Of the Common
Council mentioned in the complaint; the same having
been returned by the Mayor with his objections Thai
hereupon the President of the Board declared the
notwithstanding the objections ofhe Mayor and ordered
the Clerk to call the roll and thereupon the Clerk called
the roll Of members and the Of this deponent
was called he did, in the performance Of his legislative
said resolution according to his best judgment and
sciences and that this the only act done by him. in
relation to the said resolution after the issuing Of the
Sworn before me- this 21st day of February, 1853.
W. R. FROST Conm'r of Deeds
Judge Duer directed each of the Aldermen to be called
to see If they were present.
The first Alderman called was Abraham Moore.
Mr. Edward SANFORD appeared for him and read his
when his name called and because he considered II
his duty to vote.
sufficient excuse, and directed attachment to issue
The names Of ne other Aldermen were tasu ca,,sa
ehSre; NJ GcSnGr eouns. Alderman
Barr and William NJ Tweed Mr.. =. Dudley Field as
counsel for Aldermen % " Brey, W. H. conne A. A.
Mahba au FSuir . eek and Assistant Aldermen S.
a cou, ana niam McConkey; Mr. Edward sandford
-cei for Aldermen Dudley Haley and John Doherty
I'D Assistant Aldermen J. ". Brown, o'Brsn John
f. Rnuan Patrick Brpaden c. III Ring III M Wells and
w. II. Wright.
Aldermen James W. Bard and Assistant Alderman
Aldermen Richard 7. Compton and Brsley appeared in
person.
Mr. Willard desired TO argue the question as to whether
this court has jurisdiction to restrain public officer
in the performance of his duties, or to confne such
officer.
Judge Drrr-That question has been fully argued be.
fore this Court and it has decided that it has urisc
ton.
Mr. sardford-We desire 10 file in each Of these cases
afdavits Of the parties q like character with that OF
Alderman Moore and to enable to prepare these ada
Wits, we wish these cases adjourned over.
Mr. Gerard-We have no objection to your putting in
the afdavits and rill consider them in of to-day
That need not prevent the issuing the attachments.
put in affdavits viii stand until tomorrow
F1g at ten O'Clock at which time attachments will issue
returnable on Wednesday morning, when nterroga-
tories will be fled answers to them put in by Thurs
day. that the whole Of the will up to be
finally disposed Of at the general term Saturday
next.
Mr. Hilton-Some Of these Aldermen appear in person
will now call them.
Alderman Richard 7. Cmpton-I have not employed
any lawyer and don't know that need any. voted for
the resolution In the Board because thought ought
TO- didn't suppose was disobeyng any order of the
Court
Judge Duer-H that is all then, Mr. Hilton YOU will
take an order for attachment against Mr. Compton.
Alderman Wesley Smith-Please your honor, have no
lawyer voted for the resolution not out of any disrc-
spect to the Court but because thought ought to,
and because was advised by counsel that had right
to do so.
Alderman Compton-I acted under tho adviso NJ corr
SCI too.
Judge Duer-You may also, Mr.. Hilton take order
for attachment against Mr. Smith Each will be bailabc
in $500, and returnabe Wednesday.
Orders for attachment then entered against Alder
men Moore, Compton, and Wesley Smith and writs for
their arrest subsequently placed in the hands of the
Sheriff