The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-02-27
The Common Council In COurt-The Broad
way Railroad Injunction Case.
SUPERIOR COuRT--sPECIAL TERM,

SUPERIOR COURT-SPKCIAL TERM.
Hon Judge Duer presiding, with Hon. Judges Campbell
Bosworth and Emmett as Associate Justices.
FEB. 26-Ths being the day appointed for the Alder
OF the Court the long before IL o'clock throng
cd with spectators anxious to witness the result Of this
most extraordinary and exciting case and to whether
Com Council be sent to Edridge street
or had pureed themselves of the contempt with which
they had been adjudged.
Judge Duerfaid that before the was taken up he
thought proper to state TO counsel that the Court
satisfied that It had no power except appellate
he would suggest that the parties should agree to the
form OF an appeal they intended 70 do go He suggest
"a N Srd t I'm mat ne S a. as -
VAS DESTROYS that It be done it ought go 70 the
Court of Appeals for review. But 1t goes 70 the Court
peal would be dismissed We have power at General
Term except appellate Court.
lengthy argument TO the jurisdiction Of she Court
and the right Of appeal ensued, after which
sent he should 60 and hear IL at special term, and
before he pronounced his opinion counsel could mmed
ately 70 have it sent TO general term. If the Court
argument TO whether the il appealsble not
They would hear counsel each side, and restrict
them TO half an hour each.
Exhief Justice Bronson then proceeded 70 argue that
there appeal.
Mr. Field asked IL the Court desired to hear argument
on the part Of the defendants!
Judge Der said the Court adhered to its decision and
The counsel was at liberty to move that this ease be
ea sam aDa e 1 e IN.
The Clerk then proceeded TO call the members OF the
Common Council 10 contempt
ALDERMEN. AsarrASr AlD1sNRs
Oscar w. sturtevant. Josiah W Brown.
Abraham Moore. Samuel r. Mabbett.
Dudley Haley. Timothy o BriHn
JacobF Oakley John r. Rodman
Thomas J. Barr. Patrick Broaden.
VIM n. Tweed. Chas. H. Ring
Richard + Comlton- Helmus ". Wells
VIM J. Brisley. Edwin Bouton
we.ley Smith William Wright
Jas N. Bard. Jacob Valentine.
Asshel A. Dennaa William n. MeOosskey.
VIM IL Cornell. Joseph Rogers.
John Doherty Thomas Whelan.
VIM. j. Peek.
The clerk announced That nine Il III, defenaats had
Nj Field said that they had been all Ia court and ers
at band With the exception Of Alderman Peck Who
a. and suffering from bleeding OF tho lungs.
Mr.. Van Buren, then read the nterrogapres TO Aley
man Sturtevant. Mr.. Field read the replies
To the 9th and 9Th The Aldermen refused TO reply and
discussion arose to whether Alderman sturtsvsnt
should not be compelled TO answer them Be- committed
until he did do 90
Judge Dusr said the Court could not proceed In III
matter until the interrogatores snsver.d
EJudge Bronson enqsired what u 70 be done. We
insist upon
Judge Dusr-Ths party may be committed until he doss
answer.
Mr. OConor moved to strike out the in.erroesson.s,
Mr. Van Buren, opposed the motion, and
Judge Dusr ssd that the arguments counsel were
sush nature that the Court would postpone iudement
the until Saturday NEXT the defendants snsrng
into the same recognisances and that should
question 70 whether the defendants were Punishable
by imprisonment for the contempt. In the case OF tbs
ASSISTANT ALDERMEN,
Nj OConor thought that the court had made such
disposition Of the matter In the Of the Aerp.n Il
would BE- convenient allow that Of the
/ 70 stand over until the same time.
Judge Duer-This court viii not pronounce their fnsl
decision until After the hearing Of counsel on Tuesday
They VIII do 10 on Saturday neI and there IL ooc
don for the personal attendance Of the Aldermen until
Saturday merit when the Judgment Of the win be
| given.