The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-24
THE STREET COMMISSIONER DFFcM IN.

nc oIhttI CVWMSSWNth UFfCUlV1,
The Custody or Mr.. Charles DevIin---4rx.-
ment on the Writ Of Hsbess Corp,ss-lur.
Daniel E. sicklss' Argument.
COURT OF COMMON rLEAs-sPEcIAL TERM.
Before Hon Judge Ingvanam.
ia Ae Mater Of 0hayi,, D.rn Of Hooeas CORPUS.
This case, after the delays consequent upon prepsrscn
of papers, up for argument yesterday moyning Ia
the chambers OF Common Pleas. There largecr
outside the bar who continued 10 occupy their very
comfortable position throughout the day thereby evinc,bg
their interest in the proceedings hr. Devtn, s,,ompA'
MED by several friends, seated behind ns COUNSEL
and did appear to suffer much from e temporary do
privaion Of his liberty.
Mr. Field to object ~ the FIRST and sixth
the traverse of Mr. Dcvin, iUmaeria TO the question
at issue and asked to have tbem stricken out.
The Court did not consider he had power 70 srRe ca
any portion OF tho pleadngs When evidence came 10
offered on these points, the questien could be rA,sed
Mr. OConor said they not much care soou, tie ssso
ticIe out the first, to Mr. Devn's appointment 10
| considered Of the highest importance
Mr. Field supposed that any rectea in the ~1s,srs
| was not necessary 10 be proved.
Mr.. Brady considered they should prove jurisdiction
Court-Any hing thai shows tho Justice had cr.sdr
lion whatever 10 to be proved. am, In the Hrst place.
to bear the allegations in support OF the rsonmeDs
or detention, and then the allegations Rgairs; It, L
| think there only two points which ] can
consider under this wri-Frst had the Court ur,sdcoss
are the only two facts have right 70 inquire mo
Mr. Field stated the points which they proposei
rive testimony The 1t Of the petition being presented
10 Jueoe Peabody, Inc order being made he pe-
tom the service Of the order and copy of the
the appearance Of the parties before the Judge
and Devin; and that the Judge Issued wsrrant-.cese
we're ali ftated He proposed, In addition, TO prove 1ss
Devtn made second affidavit, and Conover :erd ard
fourth These were before Mr. Justce Peabody,
out OF town.
Mr.. O'Conor agreed to use copses
Mr.. Field then put in evidence the first AFFIDAVIT Of
Devn, Conovers affidavit in reply the affidavit q
DevhD, to the oath Of June These read 70
show that such put In before the Judge
evidence OF snyh thing therein stated Then The rd az
hdavN Of Conover the third affidavit of Devhn made in
the new demand made upon him af,er the order
was entered and before the issued 10 On
the 18th OF July and the fourth affidavit OF concveP,
sworn to on tho same day.
TESTIMONY oF Mr. BsYwYs
Mr. Merwlp X Brewer, attorney and counsellor c, aw,
was hsn called By Mr. Field sworn, and testified fos-
lowr:-
was prevent ii the proceedings before Justice Pee
body, In relation 10 the Police Commssoners ofce there
time signing the warrants the proceedings lasted 10 he
lsh Of July The tee mony occupied several days thero
we're .. al testimony and deposfons
Y was ever alleged during that examination ih1 kr.
Conover rad possessiou of any books or papers CT tho
Mr. 0Conor objected 70 this general question II CO.
aned to the oral testimony, he might not object NO
question.
Was there any evidence, oral before the 5odse .hAs
Conovsr ever bad possession OF any book or psr No
oiDce9 A. No, sir
Q. wss alleged by any couu,en
Objected 10 by Mr.. O'Conor
The Court said he did FEE, disposed 70 70 INTO nc
testimony befose Judge Peabody. His power Under tbe
Frt had Justice Peabody iurisdcton7-apd, secoud,
he hsd the warrant OF commitment regular He you'd
rule out the testimony.
Mr. y eh-HeYe We win rest
Mr.. OOonor-ws viii send TO the Mayors Office foo
proof OF w levns appointment 70 the ONCE OF svees
Commissoner-tbe appointment Official OATH sad No
bond.
Mr.. Feld-we will consider them as offered, srd .hss
object 10 Them, do not think material 70 Try no
title to the Office on this habess corpus.
The Court decided TO consider them 10 evidence ccrc,.
tionally, and po,ed counse!'s objection.
ARGUMENT rcNtns
Mr. Daniel 1. Sickcs then rose 10 address he Court.
He ssid-hay please your honor, the petition for no
oouporssion, IN his Official character, and appear be-
hnn Of the Cooperation to open the motion for hs de
leaves dscioss the history Of this exiraordinAry mpri-
sonment-an Imprisonment. venture to say exssor-
country man b duly and regularly appointed 10 ln
Office by this city, BY iu corpora authorities 10 Or
binary usual and legal manner be IL indicted ro mas
oihce by tee corporate authorities; hs goes d.s
charge is duties ~ required BY law he recognized
the lawful onccr Of tbs city and OF the Corporation ~
branches and departments OF the city government; and be-
~ suddenly, without having committed any offence
the laws, or any crime thrown iaio dungeoe, and d
there pcarccraed He ID thrown into prison oy
bis attitude, by his acts by holding the credentials Of
city ofce and dbchargipg Ia Duties be maintains
right Of the city, undcr is chatter the conssaor 20
MI oiices. For this thrown into prison; and
strange to say, be sent 70 prison because he msnans
been found who has yeniared 10 mpcaoh hs r,xh: 10 la,
office. He s iorciby taken from the office, pat mo
prison and another man allowed 10 enter H. a. new
table consequence OF his arrest although tribunal ngn
low be found that would assert hs
rival bad the slightest right In law TO tho pace. Bs
liberty Of ,ayns sS d se.e sGs seior uosl
offence M the result OF . conflict between the Sate aDd
city authorities a. 70 which Of them has the rgn 70 Oil
certain oilce. The imp sonment might have mad some
color Of cxcuse-n might have found perhaps preoeden;
In judicial history II be had niruded himself By force In
TO an Office from which be mad been judcaly excluded,
the ground that he had rirhtfa claim f and
hk rival Was rghuully and swfaliy appointed. Nov,
this record prcscn therefore, ordinary Instance o. NO
application Of the writ Of haocas oorpus In lhs freq
land NO 90 little accustomed TO the arbitrary exercse
OF POWER extraordinary and unusual imprsonmeus are
Of such unfequent occurrence that forget tines
and circumstances In which this VIII Of liberty orr
grated We are more familiar win In application 10 less
dignihtd cases-nstapcee where persons convicted q
crimes acts Of moral turpst,de, try escape hrorgn
some innrmy OF the Laws srssp. Bat, cir, this osee
revivcs within minds all those rcoollectocs II
historical onarscer, and OF q national chsrSc-
ter, IN which this vii invoked ~ Ne
only guarantee ADD shed o. the citizen sgsnst oprresoo,
outrage and tyranny said, may - please your Bcror,
thai this Gaze without precedent has president In
tines to which would be well for those who
taken prominent part In this transaction recur James
II just prior to The revolution Of 1888, underook pro
ceeding very similar. need not remind yoer Hooo~ o.
The case 81 nasdslen College, chartered oorpor-ior,
holding rights and privileges as this cry holds many Of
w rights and prvtleges) under charter emsnatng from
ns cow mo sneoa. =. charter mses gave .ss
that right the King ssserted the Of appointing an
officer 10 that corporation HIS power ard right 70 DO 20
resisted and he down oxford com rsrior,
backed by bsyoncs, 10 enforce his mandate and YES
enferced by voleuce-by superior power Bot
the corporation and the expelled OF er sppeaed % ne
courts and although IN thai sge asuce cocid DC fcend
Who would sustain the spg IN The dispensing power-n
the poser 10 dispense with the statutes OF the resmycs
here vss no ledge 10 FUND England to unstAn be
power Of the bins 70 with the right % oorpo-
% s.pop or s. tine 5 =. shs. 70 gro sr awe,
could be fotbd recrcsn, TO the teachings OF hs rro-
fessicn and ffst pfpcipcs % pu bio liberty
,ert the Yishi Of the King court OF justice rts sr
vas one OF series OF events OF similar character whcn
Immediately led 10 the revolution OF 1855 Add cost
James II ard bis line their dynasty. SIR, suon The
moderation add forecArauce OF people-such Their
confidence In being ultimately vinScstcd by i5e bench
and at the baoboxtha, under such outrages upjr Their
chartered popular rirhs thew maintain All