New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-20

the ipuno ton granted by Judge Insraham Of the
Common Pleas, seeing which, Judge Peabody signed
the warrant Of search. and was handed to Constable
John X. Harrington oi the Twelfth Ward
MI Bedy-Your Honor having sgsed this warrant,
! have a communication 10 make. An Injunction has
been allowed by Judge lngraham restraining the
execution Of th, wargan; which you have just signed
ard nasmuch you have from time 10 tine Adjourned
tDis proceeding desire to know II tbeie IL To be auy
adjournment or whether the r,a,ie' Is 10 stop here!
Mr. Field ~ course have nothing to say vi this
Announcement. that an injunction has issued IN the
face OF this Court further than that IT Is tc TN
usual and not very respectful :o Judge o the Su'
peIne Court to emo, tuat Common fleas Judge
has granted Injunction against the execution OF his
process. know nothing o. this injunction. u tnefe
be any such thing, hope you viii put IT under your
feet Is its appropriate place. But, Sr, take II Tor
granted there il no H. junction against You.
MIR. Noycs--There cannot be.
MIR Feld--I know there cannot he according tolhw,
but strange things have been done. This proceeding
before YOU is to get the books before you to 20
with the investigation as much so as II It were q
subfon0 6ucos tc 10 bring records INTO Court Tor
Won to pass upon And l hope your Honor will re-
main in the Chan Der hour until the result of this
matter be known.
Mr.. Brady-I mus. characterize these last remarks
as uncourteous mpetinent u the highest degree,
az out of place uIprOfessionGl and uncaed for, but
not unlike many things that have taken place. What
these gentlemen will do with process Of the Court,
duly ssued after their camor and prete about obey
ing the law time will decide. What rose Tor was 10
see the proprety Of compelling your Honor to at here
for single hour When state that an injunction has
been Issued by the Common Pleas. suppose there
fore that your Honor will not waste your tune
lint INJUNCTION positively prohibits Mr. Devlin from
giving the botk to MIR. Conover, ana mf' oono'ef
| from taking them
| MIR. Fleld-The remarks which my friend has made
! sbopt iupertipence | throw back. There Is much
,yb;ch sn,borizes me TO mako severe comments. We
have had every sort Of legal arhce anu arlhce not
legal 1esoed to TO thwart this proceeding before you
| " e have had an Injunction served az . CLOCK one
dny TO show cause the next We bave had a Judge
hock square out of that improperly granted. We
have had a ce7tiorayi with explicit statement from
the JUG &c that il not TO be stay OF proceedings,
and vet we have had counsel come within nve mnui
after il was granted and hold that 1t was stay. we
have had argument after argument, and at last the
cetio7ar is queshed, ard next We tLd an injunction
issuing out of another Court close upon the conclusion
of this say, Sir, that my remarks are peru
men. to this spirit of facOus opposition They are
pertne Mt to the inquiry aud pertinent to the conduct
of counsel on the other side. do Iot impugn their
motives They doubtless suppose that that sort OF
thing il proper. do not think AS to this nJunc-
t;op take it for granted that it amounts to nothing
a ALL IL ever an injunction comes from the Court Oh
Common Pleas to the Supreme Court, hope they VIII
| tran pie it under its feet.
executed II was against Daniel ID. ConOver ald
james C. Wlett, their agent attorneys deputies,
copstabes and all persons acting under them, &c.
He had anticipated this movement, and TIE lpJuhcuon
embraced every class of officer who might undertake
10 enforce tie warrant against the injunction OF the
| Court of Common Pleas. copy was IN the Street
Commissioners ,fce to serve upon any person WHO
might present himself there. 1t was returnsDlc the
| 24ih Of this month"; anu he hopeu theie Wouu pe ah
Adjournment ~ that day.
Mr. Field said that al injunction against every body
| or oil men as good as so much bianA paper, and
| 10 better
| The discussion on the matter Of adjournment
here brought TO stand by the unexpected appearance
Of Mr. Feckham, Of the clerks III the Street ,n-
nssioneis Office with pile OF dozen books, when
he placed OH Ii CO1nser> table. All present were as
t.nirhed; and this IN 10 wise diminished by Mr.
harrington coming into the with second pile,
| areIwaId with a third, and the last.
Mr. harrington announced that Ou leaving the Street
Commissioners Office with te thrd lot Of books, an
Injunction issued by Judge lngrahain HAD been served
on him directed to him. Mr. Field then looked at the
panel and directed Mr. Harrington TO dest III the lur-
| Their execution of the warrant.
| At this movement Dir. COncver, in company with
two Of hi. friends, left the Court room; but mis- depart
| ure being noticed, several others followed.
On the books beiog brought into Court, Mr.. BRADY
aaid il was i'll violation of the Injunction ana for that
reason but With ali respect fer the Court he declared
his oetcinra,ion IL leave tie case lie would leave
il entirely 10 the disposition u the counsel ana the
Cou,t and would because OF the leg Atty ot the pro-
oeeGings take no further part IN them
I The Court informed Mr.. Brady that it had no eg'l
| knowledge fine injunction issued ny me Court
Common, Pleas Whatever; that said injunction hhd not
been brought before it and had no right 10 take no.
tice of laid Injunction in any way.
Mr Brady considered there had been great VIOLA
tion Of law, ana retired.
| Nv Field aid that the books had been brought
| there bv the constable, and he Ai' Field had no
knowledge Of the existence OF paper claiming 10 De
al il jul elton Until it handed him by the consta-
| be. He Immediately advised the constaoie, as
natter Of cou,tesy-no. of law rght-to submit t.
the ,iunc;iun and take further action III the execu
tion Of the warrant till said injunction was disposed
Of He had been throughout TIE whole case anxious
that nothing should be done their part that was IN
Il
observe the greatest Irey toward s tue processes
Of the Courts.
| Mir Field concluded by suggesting that the books
which bad been broulL! Tito Court should Dc KEEP
uncer lis charge till luther action was taken ID Tue
matter. sea, -
The Court though. The books were still in the Gus
to0y of the officer who brought them there.
| Mr.. Field read from tho statute to show that the
| books were in The custody of the Court.
The Cou, agreed 10 keep the custody OF the Dook'
till its meeting and suggested thar the meeuh5
| had better take place on Tue-day next.
The counsel agicec to the suggestion, ana crew up
the following order in regard to the custody u the
| boz h, which was signed by the Court;
In he matter the agpca9a Of Dgn o Gon ~n,y, Of me
I , tg@ GseThs sons,abe Joh Il Earring
ton 10 the to search toF tue books and papers
into Couit before said justice portion Of the sad books
and having stated that pending the execution Of inc aa wa
upon Ln restraining him from executing the same and fha Ne
had hereupn dested from the further execution thereof sae
did not f the said books papers and on mo
,ion Field aud Moves r the sale Cono.sr u !, or
I'msn in the sody Of Henry Betho Of the officers Of
Conrt snd Of me State and Comfy OF uh.
order and thai s proceedings before this be- and
til. h;Iby adjourned na' that Day PEABODY
The Couit hen adjourned till Tuesday next at II M
The PROCEEDINGS IL THE STREET COMMISSIONERS
OFFICE.
When the warrant of arrest was signed by Judge
Peabody il was at once conveyed to the Sheriff Once
Ii,i.ft he.