The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-26
WIS, as 10 the bond having been rejectedi A. did
DOT pre- tend to decide that question.
By Mr.. NeId-You fled Mr.. Deylnis bond In the Same
wayY Yes, sir.
The court here adjourned 10 this (fiday) morning II
IL O'Clock.
THE MAYOR DISCHARGED FROM THE AL
LEGGED CONTEMPT OF COURT.
SUPERIOR COURr-spECYAL TEHM.

LEGGED CONTEMPT OF COURT.
SUPERIOR CoURr-sPScrAL THAN.
Before hon Judge Hoffman.
JUNE 2s- DANIEL d Conrer rs. Ernarao Wtod-gpor
return Of a. order TO 0o phy ne desdak saoId Be
punished a. for a contempt
HOFFMAN, Upon the return Of order 10 show
why tho defendant should NOT be puushed 6r
resisting the process Of tho Court, application s
made on the part OF the plaintiff for reference 10
certain the facts by examining tho parties and taking test
mony. Tho order TO show cause was made under the
article Of title IL, chap. Ill of the Revh cd Statutes, p
2e) and under the ih subdivision Of the I0Lh section
The Coroner had certified tho Court the Of tho
rcsaters their siders and abcors to the end that they
might proceeded against for their their contempt pur
snant to section lat (lC0) Of Il g., AL.
dsnc,icn made between proceedings In such case
force civ remedies. q The iitn section Of he
statute FIRST referred 81 s provides that nothing
nhe preceding sections shah be construed 70 extend 70 any
proceeding aganzt parties officers, ~ for oonemP,
for The purpose Of enforcing any civil right remedy
ana in proceedings under the latter act Is essential u
The Initiation of punishment that the Court shall ad)udge
tho act 10 have impaired defeated prejudicod tho
rights or remedies Of party This distinction Is referred
Compton, q Duer, 67s), and the case of Adams Dan
Ger, Brod and Bng, "a, is example Of 4. shsrn'a
showed him the original aud explained 10 Object. me
dcientan roared him and ordered him TO quit hts pro
scnco on moving for an attachment for contempt Of
pointing out fully in what respect aad 70 What do
gree The act OF violence obstruced the due e1ecuoa or
the process OF the Court On another day, nothing beiug
added, the Court said 'they would lay down NO rule
whether every collAriug and shaking an officer Il or
would not be deemei q ooutemps Of the CouH, but
Il suiced 10 say, that case here made
which disclosed any such Of their process TO
require this summary mode Of punishment"
The l2th section Of the statute e 2i7 directs that
In whore the contempt Ia not committed In the pre-
Of tho Court the party charged shall be noaed ofhe
fence This was given by the order to show cause
The counsel for the defendant insists that tho case
order or process must be served before the case Of
resistance srise. ] think not In my opinion,
when pary knows Of the existence Of an order n tho
prevents that service by opsn force, ma ie or directed
the resistance fully within the statute a. he had
cxved and condemned IT, In the Commonwealth teely
G. yirg cases } Fceiy was punished as for contempt
for using means to prevent one Wright Fl 'm attending
witness prove deed executed by him, Teey, Atss
subruna tri been served upon Wright; and the Pracu
cal Register defines contempto be "a 70 tne
Or an SSss s ss On Or
opposing and disturbing the execution service Of
the process OF the Court or using orce 70 the party that
tory of the Common Pleas 202 for account Of tho orr
gin Of the power, and the reasons why Trial by jury In
Tho shldaylls on The part Of the defendant have
made q generating him from either the act
VI me Nv ,hs, az pn,cbs, that no Com
municacn Of tho fact that the Coroner had BRO
TO serve upon him WA made to him. Tho
inquiry, and the only pertinent inquiry, s whether the
defendant Of the Coroner having order
upon him. whether there facts enough deposed 70
TO make him ohargeabe with such knowledge In his
view butcher conuadcted by Perry as the announce
ment Of his possessing writ and his intention To serve It.
S &c .p Sanne the be Of IL. s %ns
tend TO render his abatement doubtful a. W the ono Ac
he not to be se I've ~ 70 Ss 10
qury But sun the quest on would remnin upon the Dc
fendapts aifdav not contr.dcied and appArsnug mo-
capable OF being coniradCtcd. That Is also oolaHs9)ly
sustained by the proof OF h,s sending for The Crr In
order to submit 70 the service, amer como inosmson sab
have come he conclusion that in SUCH ease--wAen
the Court s satisfied that contumacy cf W. order tspk
s.s. ana s as sspsrs ssSss M
s;s ;f:' ::;. C: 80 dis 1 q
ss y. .ss ssla AZ sf e
suit. Upon a1davis the Coari tefuied the rue Tho
issuing Of An attachment always Ansr of dscrou
public justice docs not Icdrc our intesp on, hoah
may condcn The pubuernon N In scksoys.
TO inenogsiores hoN that conienpt has been oan-
as%@ e e css ssS Nh sC 4 81 s .S a.
hsrsriss Is, is. aa example Also q Ne BED j.,
statute when Inc erpsccSins 10 pro,sc. civil ionels,
sSssT fss Mss
debut, John en- 81, Blake va. Darcy 2, Noloy 81,
and several cases Cited In Iechmero 0arlions caso.2
The rule dSducbe from The Authorities IL This. rna,
cSsed ns0a NE Tho prsseg, ne sssse.
caii FOR hierpo.lSn snS punishment The ooar ws,sh
ssss r o'SS e saas Il S % ass
the case pretended II cannot Observation-Disclosures rooh,
case ury could come Sui 70 ono concluioo sheu here
neither proceden, Dor ustee IN prorscns the lp1uy,
n. 4 nd Htry ~
now clear. Ny conclusion that the order 70 sAew
eaTse nrs be dIsch.rsea j. not c,sc Tor costs
IAN order having been heretofore granted requir,ns M
ecfsrani, Ternass Wood, N show carc before Murray
Holman re Of The justices Of this cou, on tho ISL dsy
ofJrDe nsian Why he shonid not be Puni,bed - fos
Inn q aavfri order OF process Of this Court IN .hssc
ton and the SAID seenaaOi having ageed on said erser
Srd having real and ned the ssdsvS of James @ valet
and Twenty ,hrss S,ssrs snt sfsr hsarns ~ rcac Of
coSnvci fer the asyor remarked ihs he wooli oos AK
p ' psorc a ef ds ae ended susni aays
Nr Field admired Inc modcrty Of his learned friend
..t STATEMENT FROM eoRoSER rnaY.
We have resolved "A ccnmunicnou from Coroper
rrry detailing The crcnmsiAnccs o. the affair Of the 10Th
mat a. tho Clay Hail. reiierascs the statement msds by
ry'sci "a isto pbsw chs, sc honny aid he dusy vious
any r~rtsssB secsnrs, and W VIKING tas shsa eaaduca
should undergo the hfcA iuvesfGateus He doeo NOT
hst the Msyor aaA rsspod MAT Cspsaer had Dmo
q Mske The srress, bur that he feDronsnP saieA hi
bbsisess 70 ihsee cuuds this Mayors private o0AaA-r
HABEAs CORPUS AGAINST. TIE MAYOR
HE Is DIsCHARGED FROM CUSTODY.
The hearing OF NE habcss corpus seASns Mayor Mood,
sbich Was posspdned M the 2aA, ,sosx pssc aryudso
X ssells chambers yeslsrlays- - 80.
b son snsr ~ vtIsek Mrs scde~Aek. the AsstAo,.Ds-
j rt AnDsy, aivsJy and aad INT Mr. Han cas- osabsc
10 ~ end. h. staAea ts he District Attorney was OF
he eps,cs thar tie facts m law werc The sans, and The
relations o. an The parties 10 tne usssHcos vws the
,Ame - we're Submitted on De previous rsumeuf
Jsssc Russell sas he suppressed there vss 10 sev point
n snc csse, exceys me charge maliciocsasss asa she
n cordst. &c 49, ~