The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-09-11
Sasn. Briggs on the Contamsacious Witnesses
application for Attachment against
Me ekcIlar aid Others.
COMMON PLEAS IN CHAMBERS
Before Hon Iudue XnndrnM


Before Hon. Judge Woodruff
SIT lo.-in Ae Matter Qf he Inquiry iuo H. Nat;,iy
d.. ef he Chief qf Poce.-Aldcrman Briggs this day
made application, by his counsel for order % show
why Mackeliar and the two other coniunncious
witnesses should not be attached because they refused 10
testify pursuan to the requirements Of the decision
Judge DAILY heretofore made in this cause the 18th
July, 1855 which is in the following wordsi--
Three several orders having been nsdr by te Honorable
dny Mas hs nnder aud by virtue Q, an act Of tho lcgts
Council o. the c u New York to iako iesnony IA ,asers
ssaas s e w@ &c %dy Ws @
Miflae Mstann. e,b snd scycra, show before
against each o. iem, the
rnas ma and rro,i,d they having been d9ly sabprgsed
dcrmen and refused % answer certain questions proponhc
ed ser hraring Mcsrs 4 Nah and " 4 Xoyes,
~ .ngpo,i o. e pleyer q ss petition and Mes iicherd
It's ordered, hat The ataenoln i.sae pnlcs. The WI
% nen'oned ~ ssd petition sppcnr e, s,a e. the
upon receiving days notice from Tho chairman
ing %s and s nSs SS "a a. he 'S d.
positions annG,ed :. aid pe"n except ,e t"o questions
wines Mccain; e.y give rcspce'ng
psn p-s ~ s a soaS "a T ea
on The 2sh dsy o APRIL is35. author zng saht committee
Poe. Department, and also the manner q which ,e amo
al ~ II. / u isrk.
And also for discrdery contcmptnaus and insoan,
havo~ committed hy thc ~ltnoges during the sitting
II the Committee, and IN the immediate view and pre-
sence and directly tending to interrupt IT. proceedings
aud 10 Impair the respect due to its authority The pro.
ceedngs founded on tho aidayit u Ad Briggs
neScd 10 which were copies Of all hi papers and ques-
tiops and proceedings Of the Committee, used before
Judge y and the two orders heretofore n0do Is Judyp
usy the act ot the legislature u the 9Th Of February
1855 the osths administered "a the witnesses the
previous and the present occasion the re'tt u tho
committee aproinei to investigate anh consider George
W Mstscis report made the Iath ~ April Inst Which
report of the Committee IL known document NJ. ~ o
the Board of Aldermen. Tho prc-ont Application Is also
founded the AFFIDAVIT of X F. -ci,nas, tis clerk of tho
vad Committee setting forth twenty eight questions pro-
posed 70 The refractory witnesses on the It'll u september
instant.
The afavit of Alderman Brigvs sa,cs tbat tho ait.
attended before thi. Committee La. Friday md
pcisg duly sworn, they refused testify pursuant "a
order ~ tIis Court made the lsth ~ july is5 Witch
order read in The of thu Eitnce. The
aidayt ~ semo- say- that the general behavior 81
Nsckcllsr that ~ Jclancc, contempt ami dsrespoct
towards thc coinInoe calculated - bFns the Commit
ies INFO fidcule and odium and q prevent air ond
open inu uiry In regard u tile subject vf tic
resolution 81 Goth VI February, 1850 that Webster
uei was aefant, inii ~ alterations masking -areaEtc
remarks and that Mc1ann'- conduct, ! sell ~ Wcb.
.tey's and hachrillfs, rude aud eontaupfgous,
making alterations with ~ Committee. behaving ~
ward ihem IN unh.ccuiirg and d-as1criy manner,
that the whole examination Dcirc tEn Committee pas
substantially defeated ~ ,h and cvery oi the wness
whore conduct such directly tafed ~ Interrupt
the proceeangz y he committee .pA to twqair tbe
.Iect due . ~ auihory' he Dqhstip' v w. wit.
The council or the appellant cgnlanls thai & i equal
" contempt Il sr A. naugbt the authority pf he Gun
mitee appointed ~ take testimony, with on'.otity -
-'nd ~ per~hs mi paper, A. y ~anEi be Il cosnt
contempt IN hc iacc- ~ the flt K tho curt, Sueh
i, Tho Law u rfvar q eitne--cs brought a1fe commit
tees - %" l"girafure IN h country snd ia Engan
Nargan. Immediately src 70 take the witness lfAo
custody - he sergeant ~ afme ie i - 0ncs l0ce
40 in pison Vfth0u, reircs- until thn L,rataras ~.
solved. Tbs courts refuse - roas9 witue cu.
mtd, declaring hat tLeE have control over oglort
male against contuiaacous sitnc.scs VI either b. III
~ the Ie,islsture.
Tie Juise took tho paper ai q II Civ bispeids IN
fucsds! Nhis day).