The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-19
DISCHARGE OF THE WRIT OF HABEAS
CORPUS AGAINST MAYOR WOOD.

DISCHARGE OF THE WRIT OF HABEAs
CORPUS AGAINST MAYOR WOOD.
COURT OF GENERAL SESSIONS.
Before Judge Russell.
fnx DISCHARGE OF WRIT HABxAs CORPUS AGAINsr m
hAYoR-JuDGE RussElL's DECISION.
Yesterday afternoon Judge Russell, according 70 pre-
vious took his seat the bench Of the Court
Of Sessions render his decision relative the habeas
corpus in the case Of Mayor Wood.
Counsel for Mayor Wood said be would beg leave 10 pre-
sent another matter before his Honor rendered his dec
zion, snd deemed Of much Importance to bring
It Immediately before the Court he had pc ion of Fer
nando Wood, which, with his Honor's permission, he
would now read. Counsel read The following
PETITION on FERNANDO WOOD. t
10 The Hon. A. d. Russel CRY Judge Of the Cit0 and
County Of Ne,o Fork Tho peinon OF Fernando Wood
shows that he is restrained OF bis liberty by j. O. wst
mtted or detained BY virtue Of any sued BY any
court Of the United States or By any Judge thereof
he committed or detained By y,,ns Of hs Ana. Judgment
urkdcton by virtue Of any execution Issued upon such
Judgment or decree; that the pretenoe Of such
imprisonment according 70 the bet Of the knowledge and
belief Of petitioner several warrants Issued By The
Recorder OF the city Of New York for the arrest of
ted BY your petitioner while acting as Mayor Of the city
New York In the dicbarge OF his official duties Mayor
Of city and your petitioner further shows that he be-
and political enemies and for the purpose OF gratifying
personal and political malice only; wherefore your patti
toner prays thaa writ Of habeas corpus issue directed
said James wt sheriff Of said city and ooansy direct
Ing him TO bring the body Of Fernando Wood before your
honor forth sith together with the OF his mprsou
FERNANDO WOOD.
CRY and County Of Neo Yors, s;-Ferpando Wood, the
above pei,ner being duly sworn doth depose and say
that tho facts set ortn in the above petition subscribed
by him are true. FERNANDO WOOD.
Sworn before me- this 18th day of June, 1857. A. d.
Rrssn, City Judge.
Counsel for Mayor wood-I ask that your Honor will
grant tn writ Of babess corpus which the gives
TO every citizen ak, moreover that may be return
able at tho Office OF the Mayor, room No. Q, City Hail.
forthwith.
Judge Roosevelt said that matter OF course he would
ersnt the writ Of habeas corpus.
Counsel for the Mayor said-Under the present ext.
genccs We suppose tho Mayor should be kept
CITADEL and for that purpose present this writ at the
present time Amer granted will consent 10 postpone
the bsaripg Of to any time that viii cult your Honor.
The Dstric Aorpey-I suggest 70 your Honor and the
council that the return forthwith is not strictly legal
c. unset for the Mayor-I willing TO take tho word
Immediately"
Judge Russell then proceeded 10 give The following de
csion:-
puugos JUDGE RUSSELL.
This comes before the application OF Gil
bert Dan for writ OF habeas corpus 10 Inquire ino
or the imrrisonment of Fernando Wood, Mayor
The city Of New York by the return Of the sheriff 70 The
instant and thai he tetans BIZ IN bis custody by virtue
. warrant Issued by the Recorder OF the city OF Nes
York. In which the Mayor s charged, la connection with
Charles TUNER and Jchn W Bennett, with melting 10
riot The city New York the 18TH aud 10th instant
o one PANEL 80" coeo~e s on .sos days. spcat Of
Mr.. Wood IS mayor, not becsusa be is 20 desig-
ss S% ns char sss q sS%sS, him. SS be
that he in fact he Mayor Of the city Of New York,
and that whatever ne did on the occasions referred 70
10 that character capacity. On the part OF the apph
for the writ OF the Shcrs return
terposod der yg the sufciency Of the affidavit
plant which the warrant ssued and alleging the
Official character of the Mayor a. bar 70 nrest or i'm
prsonmen 70, his official act The learned District Al
torn,y insisted that this traverse was, In effect de-
and joined In SUCH and averred In addition,
In negative tcrms:-Frst-That the affidavit sui.
acicrt sccopd-rha the official arts OF the Mayor were
the subjects Of arrest In law and third that he privilege
OF office did avail the Mayor 10 the for which
the warrant was Issued. The only evidence before
ps,y was tho alGsy on which the warrant was issued
On the return Of the writ Of habeas corpus the District
Attorney urged preliminary objection that there was
right power the part OF the CITY Judge 10 issue
allow such a writ had then and have doubt ~
N my jurisdiction In the matter. II was subject had
previously satisfied myself upon by careful examination
and consideration ofhe powers and duties Of the Office
would take away most important attribute from the
cncc 10 admit that " had no such POWER. u would be
against the policy n the law well against that liberal
rule OF construction which prevails In relation remedial
statutes to conne restrict the right this merci
creating the Office of Ctv Judge claws OF 1862 1888.
b. n n distinctly declared that tall judicial powers vested
by law IN inc Recorder OF the city OF New
York hereby conferred upon such (he) City Judge,
and said 0he) City Judge ehal concurrenty with said
he) Recorder perform and discharge all judicial dulles
imposed UPON such (ihe) Recorder Tho Recorder
Judge OF the Court of Common Pleas for the ctr and
county Of New York, has the the Judges
specially elected for tina, court and the powers OF the IL
ter, Supreme Court Commissioners, expressly
nutd 10 them by chapter 2bs OF The laws of is47 flaws
Of 1ss7, rage ISL This law has undergone judi
cal constr by the Ooui Of Appeals Of this State
Rsnard va Harscus, q sed, 2se) and the decision Of
the Court OF Appeals In that In relation 70 the Su
poor Court OF Nils city will be found 10 sustain fully and
completely this position The right Of the Recorder 20 Is
rts Of habcss corpus has been drawn
ton If he has tho power the CITY Judge has also II
the City Judge has the power 10 grant writ 81 habess
corpus the statute leaves him discretion
ce OF his right, for he would forfeit thousand dollars
10 the party aeEreved he TO refuse 10 allow writ
When legally applied 10, besides being liable 10 mpeach.
msnt n not indictment slso. CAR g, 9th cd 100, sec
46) This brings 10 the consideration OF the question
submitted upon The merits 81 this application.
nrstIe The affidavit upon which the warrant arrest
lssued sufficient or nou can nothing IN a. n legal
point Of view, establishing the crimnsy Of the Mayor II
IL made by Mr. Conoter, who oams TO be the street Uoa-
missioner OF the city Of Nes York and the substance Of
Is that two occasions to witt the 18th and 18th
he thrust rom c possession OF his slleged) official
apartments by the violence OF certain PARTIES and that
OF them, Bennett who Is charged in the warrant with tho
Mayor stated that was by the direction OF the Mayor,
the latter not being shown have been present con
ho~o ohso,