The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-29
TIVE STREET COMMISSIONER DIFFICULTY.

vhe Uuss0dy Of Charles DsvMn-ArEunAent Of
Cnaxiss O'COn0r, Republication Reserved
He Replies 70 the Personalities Of Mr.. Field
snd Mr. Noyes-Eiis Religion and Fox's Book
- Martyrs.
COURT OF COMMON PLKAs-sPECIAL TEEN.
Before Hon. Judge IngrahAm
The Argument IN th!s concluded yesterday by
~ oOoncr, who addressed the Court for two hours and
haH BE said-On Friday afternoon last, sir when the
argument Of the first counsel upon the part OF the person
heaang Mr.. Devin n custody heard, and when,
w given 70 understand the stress OF the argument upon
haa side had been presented, endeavored to make
arrangement 10 have this closed within the two hours
between The holding Of The corrt q. 10 O'Clock the
day and the hour Of H. when Absolutely necessary
should be absent endeavored - have I; closed be-
asse really thought there nothing to be added and
mink row. 70 rather painful duty my part to
soassm to fashion rather than necessity In presenting
seply 70 the argument; for IL were to say nothing
night be thought (not by your honor, bat by others,
sAs wss overwhelmed by the force Of the argument
upon NE ether side; and constrained 10 yeld
really feel hat the argument has been presented and that
ought, far counsel concerned to end here
nearing Mr.. Ncyes {and u is always . pleasure
70 hear him, bui have read what presume
peTsnce Of being osrefuiy taken down and preses ed
md must say !, an'rts very convincing proof that
slough do sot always guess right "a guess rsn. in
hN relation thai very little 70 be said upon the
CHER side relative 10 this My friends argument
eupee column and half aud column Of u Devoted
% two very interesting nAsratvesene of them the advep
tuvos Of certain clergyman, with rather bad habits who
vss appointed 10 Al office by King, who bad r.ghanI
snthory maze such appointment, but who forced him
sal 10 somehow By the aid Of dishonest judges, when all
The lawyers in the country consdered the appointment
Illegal We are told by my leavned friend tia, was
nsht-usng lawyer" moi as describing ono Of the pro
sson, but n reference 70 those mental qualities which
oe.asase me nwyer The ssscs relevancy OF Oil that is
yanoy; confess cannot. canno. perceive that II per.
forms any useful purpose, unless 10 aid the imagination in
eaee which perhaps discoverabe, but which do
beaT IN any way upon the legal questions before your
Sab was very interesting 70 your honor, who perhsps
N he extreme measure of occupation which your sus
ton throws on you, may not have had an opportunity Of
England, where this ali told, and by partisan OF
ne same side thai my friend appears 10 belong TO- All
Hs~u.y By ny sarneS trend and nus he nas not
inexperienced the story at all 20 far ~ that authority 10
cest evidence Of the truth Of the facts But seems
% have served puYpose-the purpose Of abng
learned blend to make personal apology To me. Nov,
ever there whchsd little occasion 10 make
II ali men, do no. belle re there is one V whom he oWes
Ses apology than to mo; for npon all occasions have re
sssved rem him the most unbaunded courtesy. whether
ne apology intended for the sole purpose which the
spogy Of counsel sometimes not there may be
scme little doubt The point Of the apology 70 be
u
,hAs my religion has figured court jusce perhsus
sas,rst might say that has figured anywhere ehe,
s:ses no oos ever obraded his religion anywhere less
nan myself should be persecuted In this world for
my religion, II would be very cruel for have pssd
lftse attention to Il that shall DO very foransse
Of religious duty In that world which lie 70 coma l am
AFRAID from the whole tran Of this branch Of my leaned
fends Argument, ths he has forgotten himself and taken
. eaf from The brie in which s!ur was thrown the
encssry Of my learned soc ate Certainly my friend
- The advantage Of me, ~ suppose. have never
O = least did until had reference 70 Foxs BOOK OF
hr0ys BY which was told thai sosne one Of his
as.s vas hersac and We. burned for t. ] should be
ue - hs ancestor in law and In religion should sup
PESO the object Of an this to get up sort Of religious
prsy, he might gain something hst head. hope be-
Ere ycur Honor he win not Whatever may be your
E o.. snsSS. 9pn ion: Su have 0SudsS h. .
not much acquainted with them, sus sm
ssre hey YIN not stand IN the way Of your
learned fiends Argument, apology and al, might very
veil have been left out and with my very high respect FOR
he Sas ssrs Rm.em 20 DO se n OK
evn example. Why he should devose another half
ooen for me pGypoee Of referring Is 70 the history OF
certain ancestor Of his In Foxs Book OF Martyrs Who
~ burned ., the sake, canno. see No one doabed
hs claims u respect, md Il VA by necessary
10 voduce ns pedigree in order 70 insure for him fair
xcemspa sursIy lii ssi about rfo.sssn e and Pa
pen burning each other 81 The staxewhioh Ibeeve they
aid, with rigorous mpArta ny in the Old oodnsry, Tor
time and attempted 70 follow In the New, aud did
follow 10 some exteui-ns nothing 10 do with the case
here believe that the laws and ordinances Of xsssa.
chuscts Bay assina tba. "dAmnAbe and herecal Of
people, wicked and dangerous 10 the community
IN the highest degree, commonly called Qaakers,"
would present specimen cruelty In enacimcns and In
secuon by papiss las they called) OF Pro.cssnA
or by Pro;esanv OF Papisx 10 England All these things
s1onn be inodaced as hey have been introduced am
~ loss 70 imagine have oaly TO say tina, can be for
10 sood purpose, and certainly cn serve no useful par
pore vere better for my learned friend 70 have talked
about the case and 10 have saved his coin Of
PAPER for evening discussion anoug friends Who
ssrsined hs own reltloas aud political opsnious Per
vubec nrst be exceedingly dssgreeable to courts Of
yusbce--and know Of no Judge to whom suppose II 10
rs<reroe and ailusons 70 matters not pertinent
70 ne .sse before you. These Controversies be
tween connsel shoaid certainly be settled elsc~here
sHond xrvpsrly he devoted to public SERVICE and not
70 seiue wrsnglIpe Of this description. We have been
srss sssl 3, ps,souaymuch sad that the public oash,
hpo~ and that may be dsagreeaoe 70 some parties 90
ne noe opposed 10 that espcveed by the genem,r who
nAde hat remark. have oRly 10 say thai that IL very
urvse resolution, and Il would be about wei, AZ your
Hopor has notice OF H. that should be when we
ums oemss Ba' .oysning s.a, we S,u oe permaea
ssccmne reply think wrong 10 case under exam.
ncn before your Honor 70 refer 70 anything concerning
the ose; and n q my ieuned friends In other
go erpressed very erroneous and unf0unded opinion
J should think the natter ought not 70 be referred
70 on This trial. II became proper FOR me upon
one oocsssn 70 refer 10 certain proceedings
before Judge Hoffman. referred % them
becAnee The case cited and the facts referred Va
prsoedenf 70 govern your honor mentioned the cir.
cunsAnoes connected with H. but should have conceived
highly improper 70 have mentioned one ~ord about Il,
~ NE circumstances, had not been cited authority
70 control Jour honor. Let call your attention for q
nn1se 70 msster purely personal perhaps The learned
counsel (hr field) referring 10 said made remark
which no other counsel In the s,as would that
pledged my professional reputation that the Metropolitan
polite sct wss unconstitutional Now, SIR never pledged
my professional reputation 10 anything In my lfe and
atiery deny that assertion. never said So Thereore
fs' ~ there any point 10 that my answer 10 s not
OF course that wifu alsehood, for suppose he
counsel understood so, but that never sala 40 and no
such thing can be found In any report OF my remarks
never had Sufficiently high opinion my profess
reputation 10 talk about u snywhere or at least what
ever opinion might indulge in, had a sufficiently
just perception Of what became professional man speak
ing or himself not 10 talk before court OF justice about
my profess oua reputation or srrogste any right 10 In
fuence the court By my reputation. The &c aemau who
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