New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-06-26

Judge HOffmans decision, which will be found
in another part of this paper, dschargng the order
requiring Mayor Wood to show cause why he
should not be punished for contempt in resisting
the service of process by Coroner Perry is certainly
justified upon the afidavts introduced in the case.
One mans oath, however respectable that man may
be, could scarcely oyerbear in the judgment of any
Court the sworn statements of twenty Others.
Judge Hoffman states the Gaze, IS it stood before
him, in the following language:
"The inquiry, and the only pertinent inquiry, is
whether the defendant knew of the Coroner hav-
ing order to serve upon him, or whether there are
facts enough deposed to- to make him chargeabe with
such knowledge. In this view, Catcher is contra
dcted by Perry to the announcement o his possess
ing writ, and his intention to serve it, But butcher
cannot be contradcted by Perry, to the omission to
apprse the defendant of that fact 1t might tend to
render his statement doubtful TO the fact if he
was not TO be believed as Y the other and with oath
against oath, might be warroned in making a fur
TIER inquiry. But still the question would remain
upon the defendants affidavit, not eonradicted, and
apparently not capable of being contradicted That
is also colaeraly sustained by the proof of his send
ing for the Coroner in order to submit to the Court
after Information subsequently reaching him that
the Coroner had wit.
Nor does Judge Hoffman find any sufficient
reason for ordering reference TO inquire into the
facts of the case and TO publicly examine these wit
nesses who are so fast in making depositons
in private. Upon the evidence, as it stood, be
could not see tina: the Court had been purposely
nsulted Why then cast about for additional
evidence to prove that fact A gentleman would
not as gentleman, pursue such course; why
shoad gentleman, as a Court There would
seem to be, in the words of the decision, neither
precedent nor justice in protracting the inquiry,
"upon the suggestion that severe examination
| "luay contradict what is now established or may
"render doubtful what is now clear"
To Court, unable To look beyond what was
upon the record or to be guided by exraneous facts
| or considerations such conclusions may fairly com
mend Themselves. But with the public, which
locks not 50 much at the affdavits taken as at the
men swearing to them, We apprehend Fernando
Wood stands lust where lie did before The ugly
fact that fifty policemen, with Coroner Perry at
their head, were, while attempting to serve this
process of the Superior Court, twice, driven down
the City Hall steps, within earshOt of Mayor Wood,
bruised and manned and bleeding, remains uncon.
troverted The simple story Of Coroner Perry,
reiterated over his name in our paper of to-day,
will continue to command the belief of all disin
terescd persons who read it, let Mayor Wood and
lis creatures swear to what they will. If any Ont
doubts TO which If the two 70 give credence let hin
critical! examine tie testimony Of a number o
parties tskcn before Judge Peabody yesterday, aD(
c,mpare il with that Of Mayer Weed and Capt
Rerrctt Of the late Municipal Police, given th,
IL, IL, II bylgre lrVm iAe same stand. NJ pIia.eN