The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-02-13
Another Ccntemfs % Oaurt-Anot,ae- Attach
nent Against Ai<ersaan Sturtevant, and For
fcituxc Of his Rirxe Bond for $500.
E%ore Hon Judge Jbuer,

SUPERIOR V0URr-sPsCIALT ERE.
s|ore Hon. Judge puer
FFs l2-Ths Superior Court was the s-ene o great
commotfcn AID excitement this morning, consequence
Of the expected proceedings the Of the Acernsn
in contempt, fOcar W Sturteyant.) long before -hc
hour pIontea for the sitting OF the Judge the general
crowded by lawyers and laymen, anxious
witness the result The COMBINATIONS throughout The
room various and eonectural Sonro wondered how
many weeks the Alderman would get and others whether
he oald be sent to the lombs to the paerna Keep
OF thu gentleman WHO prcsides the keys of Erde
street prison. Some tn he wcnh come and make
cean breast Of it," and taat he acted in rather
,hot haste whilst others would bet Mr.. Sturtevsnt
| not caying inn ami knew that he would die game
| About eleven O'Clock Judge puer ertcred the conrt
sua H. timated the counsel that he woaa sit in the
sreeal term room TO which there a regular ruh
ana not more than haf those present could gain admit
lance in consequence OF the suaness OF the apartment
Judge puer presided alone and the following took
| place -
Jrd,e Dner-The attachment against Mr.. startey&n. i
| roturnable to-day. Is he in courH
Mr. Field would inquire ii the writ Is fetorneas
/ Mr. lynch the cleik-here II i.
IxCbief Justice Br1nson--How and wlIenY
Judge nrerYhe sheriff returned hat he was tached
ard that he was let at large upon the annexed non'
Mr. Eield- lie has appealed from this order TO t'e
/ General Term.
Judge Ih.er-There can be no appeal Sir, fron tois
order 10 tie General Term. n. order = net ia! "
| der.
] Mr. rieLi--It Il not necessary that II should BE-
Ixthief JustceI believe sir in these proceedings, Al
! delmap sturtevant cannot appear by attorney
Judge pnerHe must appear IN person OF his pond Is
! forfeited.
FxChief Justice l,ron. We that he be called.
lr. tied-The Court cannot take any action &c all |
present 90 the Court notice of appeal with affidavit
that i, has been duly fled and duly served and insist
/ that tire power OF he Court Is suspended
FIX Chief Justice EronsonWe oeJectto Their appearing
/ except personally.
Judge Duerlherc are two questions involved in this
First whether tais Is aprealbe order AT alifand
The next H. whether appeal sufficient to stay pro
ceedings upon attachment NY own impression =, 10
which The whole court coneur that order OF THIS kind
Is not the subject Of appeal 10 the general term nor
the right 81 the parties b. by such holding
There has been final order made That can b. made
when party Is examined upon interrogatorea, and the
court adudge whether lie has been guilty oil contempt
Ex Chief Justice rorsonWe think shall be able 10
| show tina. his is not appealablc.
Mr. Fiek--1he question whether not this appeal i
good hardly be determined BY ihe general term o.
motion 10 dismiss the appeal think It J. nov pro
ceedng that the court beiow from whose order appeal
il taken is itself decide, without reference to TIE hss
or court whether the appeal is good for anything or not
IT, however this court fl TO determine thu 4ucso
Tor itse II : one upon when We desire e DC neara n
the regular way. suppose, sir that this appeal AZ
present enough j they wish 10 move to go on. not"si
standing let them give notice 70 us, and we vii argue
The queeon but il the court say that no notice i
! cessary, why then We viii 20 on at once.
I Judge Duer-Ihe counsel upon the other side have
moved that the defendant be now called u you have
anything say in opposition to that will hear yoG;
otherwise grant that motion.
The Crier then called Oscar ". Sturevant, but
answering,
* Chief Bronson said-The statute provides, Sir that
is there i no appearonceo return dsy tile Court may
order sno her attachment order the bonds 70 be pro
secuted. both. move ihe another attachment o. IS
| srcd and that the bond BE- forfeited.
u Judge Duer--ls there any orpositonY
Mr. Edward fandor,i said has h. reason o. ih,enan
sturteyants norappearance that counsel mad adv
I'd him that aprea could lie made IRON the order 70
I the General Term.
Judge Duer-As at present advised, cannot depart
from the general rule. she'll grant attachment, asd
/ diroc. the bond to be prosecuted.
Mr. John Van Buren-What disposition III " tias'e N
4 the other cases?
/ Judge Duel--I see reason fer departing from the
course before pursuethat The other cases shall be s-
pended until this is finished
Mr.. Gerard-Thia second ac,nent win MOI lie ba liable?
Judge DuerSo. Dir. Sturtevant has acted under the
advice OF counsel
FxChief Justice BronsonI wish any Of the counsel to
rse md say that they have dyired this course.
Judge DuerIle statute directs that the bail shall be
500 upon the attachment, with discretionary power
fr lie Court to enlarge that shall direct tho bail
the before $500 1 order that this bonl be
forfeited and that further attachment be issued, with
f n !. IN. % aseE q s ,7sr
Judge nue,-wc determined before that ,bcre vii, DC
no further Argument The questions which avs been
already argued aud determined; but each Of the parties
may hye special reason TO show why s.tarh.
ment shoGld MOI Issue as against himself, to which
shall of listen. would suggest 10 the Parties,
that ii they wish that the subject OF this appeal should
be brougbt before tie Court Immediately, there three
Judges sitting at General Term, who viii TO doubt hear
Ne, VAN Duns--we sLoall not have any objection to
Mr. rield--we ral ii 10 be bro. hit on in tte rezlsr
way
The matter then terminated Cor the present.
There Il great difference Of opinion TO the lc-
galty IS the acts Of he Aldermen be- The profession
al gentlemen engaged on each Idle, amongst whom are
OF the eniron. LAWYERS or The bar or New York
We therefore again append iheir The counsel
under whose advice Alderman siurtcyan has acted are
e. Chief j. .ce Jcne., Hon H. B. Cutting, Aessrs Chs.
1 n Iirli nd Xarl ford I'D Il