Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-03-19
SENTENCE OF ALDERMEN FOR CONTEMPT.


FROM THE \. Y. COMMERCIAL ADVERTISER OF sATrRpAy
The Superior Court room was crowded to its uilost
capacity this morning by persons anxious to hear the
decision Of the Court in the of the members the
Common Council adjudged guilty Of contempt. The
counsel each side all present with their clients
At IL o'clock Judge DUER opened the special term,
Judges BoswoRTH, PAINE, and EMMETT also occupying
seats on the bench The list of defendants was then
called, and all appearing, the Court proceeded to pass
sentence
Judge DUER read very long and elaborate decision,
re-arming his opinion that the order of injunction was
rghtfuly issued properly served and wilfuly violated
ana adudgng the defendants guilty of wilful and cri
nal contempt, punishable under the statute He re-
ferred to the Of Lawrence o. the Corporation &c
barbour Brewster rs. the same Barbour and Chris
Pher et a. u.s. the same mot yet repeatedly as prece
e. o ne exercise OF the authority of Of gene
raj jurisdiction to restrain the Common Copnc and vim
dicated the judgment which the Court was about 10 nro
nounce 80 NoN' y p.o7
Judge BoswonTH had also prepared a long argument
not read. NY "
Judge DuEn then delivered the sentence 90 Court 40
missing that they had thought it better to err on the %
OF mercy and had been as enent their conscences
would permit.
Alderman Oscar w. Sturtevant who was adudoed -
nave committed the grossest contempt because he not
only violated the injunction but also framed aud moved
the adoption OF the resolutions mpugnng the motives Of
Judge Campbell, was sentenced to be imprisoned in the
city prison for fifteen days, to pay fine Of $3.50 into the
CITY treasury and pay to the REALTORS the sum of lO2
for their costs and expenses.
Each of the other Aldermen who volated III ;,,noo
and yeted for Sturtevants resolutions Except Alderman
Wesley Smith who has expressed his regret and made
satisfactory apoogy to pay fine of $3.50
INTO the city treasury and to pay to the REALTORS lOl 81
for their costs and expenses.
Alderman Doherty, who although he violated the in
junction, voted against Sturtevants resolution Alderman
Wesley Smith, who apologzed and the Assistant Alder
men, who although they violated the Injunction laid
Sturtevants resolutions the table, were each sentenced
TO pay fine OF 500 into the city treasury and to pay to
the REALTORS SlOl.5l for their costs and expenses
In each case warrant directed to be issued COM
hitting the defendants to prison until their respective
fines paid.
The announcement of the sentence against Alderman
Surevant was the signal for loud applause which was
peremptory checked, however, by the officers of the
Court.
Judge EMMETT said that he entirely concurred in the
opinion of the Court and in the which Duer
had assigned for it but he regretted to say that his sense
of duty compelled him to differ with his brethren in regard
to the nature OF the penalty imposed In his Judgment
all the aldermen who voted for Mi Sturteyants resolution
should be imprisoned
II it had remained with him alone to fix the sentence
he would have ordered Mr. Sureyant to be imprisoned
thirty days. Mr. Wesley Smith FIVE DAYS and all the other
Aldermen guilty of contempt ten days Judge Emmett
spoke very warmly on the subject and his were
several times interrupted by the ndecorous applause Of
the audience
The counsel for the defence Immediately appealed to the
general term The Court, then sitting in general term
quahed the appeal, and entered order affirming the
Judgment OF the special term Notice then given Of
appeal to the Court Of Appeals in all the but one
Mr. Richard Busted, appearing counsel for Alder
men Wesley Smith, informed the Court that his client SUBJ
mittcd to its Judgment fna and would take appeal
Applause.
Some conversation then ensued between the and
the Court and was 6naly agreed that process should
be issued or further proceedings be taken until Monday
morning when the undertakings for the appeal in each
case will probably be perfected
II 10
Aldermen for VIII CHI its members have thus arragn
ed and punished was in dsobeyng injunction issued
by Judge CAMPBELL against the passage of bill autho-
rzipg contract for railroad along Broadway