The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-18


swer true, except 10 the matters which are therein
stated on nor nation and belief and those matters
he bellows them 10 be tue. G. DEAN.
sworn before me this nth day Of June. 1857
A. d RUe.HL, City Judge.
join in the above demurrer, 30 deemins in law, and
aver IN negative terms
l. That me affidavit Ia not sufficient
That The acts, whether done in any capacity, are
subjects of arrest in law.
That the privilege Of Mayor does not in Law avail
defendants In their warrant annexed 10 the sofa for
which it issued. Oakley BALL, District Attorney.
Mr.. Hall sad that no would deem th. q demurrer TO
the return set up and not any new allegation OF fa out
simply a. demurrer to the fact set mp In the return
The answer 10 the arms-1 mat the Sheriff has
cause the affidavit nsufcent Because the acts we're
done in his tfbcal capacity and He IL not liable n
rest on account Of the said official acts he would join In
Judge Russel-The Dstrict Attorney must demur or
take Issue be demurs TO day then you can argue the
question.
Counsel for the Mayor said that the questions to dis
cussed were of very grave importance, - TO the liability
ssp he moved ,ss ,hs Ss oonsd n 10
morrow morning, the interests OF bis client MRS. Gun
pirshsm demanded bis presence in the surroeases Of
fee. The interests involved great that emi
neny proper that counsel should have opportunity to
prepare Tor argument
The District Attorney strongly opposed the motion He
de. med bis duty TO that no delsy should take place
In this mater except 10 give the learned counsel time N
90 and procure an adjournment OF his case. me very
circumstances which raised by this return and by
the answer such upon their face, tnu In his jtg
mcnt bis Honor warranted in bringing the matter
tody OF the She IN In order that he may obey the
warrant which he intercepted in obeyng by
ms rho o. na%cs w me sr
ordinary but gentleman who held the CHIEF ocs IN
this city was pleading that by virtue Of holding his post
warrsnt upon ielonyP II alleged that there
opinion rumpap. in the community sgast law ard ORDER
and whoever blame II seemed TO the speaker ust
and proper OF this kind should be treated
SUNNI Gry, In order thai the warrant may DO obeyed
and example m,y be made Of the chief msgtrse he
HA al tafof
the argument.
Counsel for tho Mayor wish make ono remark, and
to Fornando Wood the chief x,sirss Of this city,
we'll TO the entire city Of New York 10 cay nsi this
warrant was issued sssns. him for felony
Judge Russel-lts only nsdcmeanor
Counsel for the Mayor, cou'inuine-n 10 mere misde
meanor which, If has been committed, has been CON
mited by him in tao discharge Of his Official duty is
unjust ray, therefore, 70 him a. an individual a. well
a. 70 him az a magistrate to say that ne has been
suy sb.,.,u S0ny him .'onx Ss x oSIS
have been the first 10 have rendered obedience to
that arrsnt But this process sent there by whom
bority and discharged and cisgraced policeman the
bearer AND Tor what purposcf To heap indgptv upon
That was the object, and il could have been the only mo
tive The Mayor replied 10 hem, 'Send officer who Is
recognized by and by the authorities OF the city, and
ell render obedience" shall say no more now, but at
O'Clock with your Honors permission viii come hero
prepared 10 argue the question.
Mr.. Hail wished TO observe that he had not tune 70
peruse papers, no could not tell whether the charge
was felopious or merely misdemeanor
Judge Russell then adjourned the further hearing Of the
case I'LL 2 O'Clock In the afternoon.
AFTERNOON SESSION.
Pursuant TO adjournment Judge Russell teok his ses
upon the bench at O'Clock the purpose Of hearing
motion to discharge Mayor Wood from arrest = war
rant issued by the Recorder, and after the District
Attorney, d. D. Field and VIM Curtis Noyes and counsel
for Mayer Wood, entered the After few moments
Was spent in conversation between counsel,
Counsel for Mayor Wood and addressed the Court
foows-n your Honor please the Mayor OF the city
Of New York before your Honor petition for
his discharge nom arrest . criminal warrant The
charge against him read Al tho opening Of the pro
ceedngs this morning. II was substantially tina, he, on
the 18Th and 10th Of the present month, had nccd riot
and had assaulted Daniel Conovcr. Toe 70
that charge is first that the affidavit which the
Issued utterly insult lent for the issuing o
any criminal process. Tho second answer matter Of
fact that Whatever no did in the promises was done BY
him the chief magistrate OF this city. Al the time tina
that answer put n neither The Mayor myself
owing 70 the state of affairs In the Cry Hall and Park
yesterday, able TO communicate with each other.
was obliged, therefore, to DO tho petitioner, without any
previous notice, acr having filed out the petition for the
May himself We hal TO act under Information and no
lief for enor Of tho contents OF that affidavit
We old not know what charged against the Mayor;
did not know whai be bad done. He has since In
formed me, that from the time he reached the City Hall
the morning OF yesterday and tho morning OF the
day before, until The attempt was made TO ar.os
the apartments set apart for him by the authorities Of this
city Mayor and that all that had been done by him
done In bis official capacity issuing orders Mayor
and that be had not the pleasure the reverse whatever
may beD Of seeing Mr.. ID. ID. Conovor. Supporting,
therefore, thai NJ Conover must have sworn 70 inc
(Fernapdo wood)-because the warrant was Issued
against Fernando Wood, and against him Mayor)-
the ustr umen To degrade tho chief magistrate Of tbIs
cywe put In one Of the answers 70 tho return OF tie
,Ssd sy ss e pspsoo and pocs o
men who are willing for the purpose OF sabbne him. 10
destroy law and order and 70 cause boodshed In Tie
poy 3D. he stated tho answer 10 tho return Of the sheriff
that the AFFIDAVIT whIrh Fernando Wood charged
conoveP Without having seem him. was nsueons % war
rant the arrest Of any citizen, much less the arrest OF
man who entrusted BY your city charter and by every
the execution OF The laws Since comngl hero this after.
have AMI read for tho first time that adavt
could NO" be sworn 70 on po1s hpo%se ana ~
be adudcaied by your Honor In the decision Ia this case
and Ny every court before which this thing called am
dnvit be brought The only aluson thai there
10 In the whole AFFIDAVIT Fernando Wood 10 this Mr..
Conovor claims that tho King land Is almost century
nstrumcni 70 deprive The citizens Of their rsns-he
right Of self governmcn-has appointed him 10 . rcspon
sble oce here, without copsung those whose interests
bicipal,y Lest this jewel Of judicial proceeding that
could only exist 10 the mud Of Chambers and Cen
your Honor as part Of my argument. Counsel uaen
read the warrant issued by the Recorder FOR the Of
he Mayor, promising that Mr.. Conovsr s~ore he was
Com missioner OF the city OF New York Mr. Deyio
mol only Street Commissoner but he De faeto the In
cumbent o. that Office, in possession OF al the books The
only ausion In the whole Affidavit 10 Mayor Wood hat
somo persons who took Mr.. Conover by the neck
and hurt Il, who forciby ejcccd him from the place
where be had been put by some irresponsible
persons told him thai Fernando Wood directed him He
Did pos speak TO Fernando Wood; he (wcod) not in
the nciebborhood, did he say that be WAS Mr. Com
did not tell your Houor that The Hall NJ Records
In the same county with the place where Fernando
word at the time when this assault was committed.
lie did not charge riot In This indctnent nc simply
charges assault and battery aud that assault and bat
he Committed by persons other than Mayor
Wood There pretencc that Fernando Wood pro-
sent there evidence the PRESENCE OF any before
The officer who issued that warrant that Fernando Wood
ordered these 10 do the act. We say, therefore,
behalf Of the person who rs detained criminal process
that this afndayh IN insufficient | ask your Honor and
hoe ~bo represent The people here and In behalf Of the
public Who have not here day for tho purpose of
lmprsoning any cirzen without .uthorhy Of law, "
The liberty OF the citizen Ia cheap this ask N
q mar, whether he occupies the position Of Mayor or
whether he The humblcst cizes thai lives within this
county 10 be deprived Of his liberty upon statement
Ike thu, that somebody without saying Who has said that