The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-22
H6UNrc1PAL AFFAIRS.
N>Noy~NN~NoosooN~0ONN~N
Legal Proceedings In tho Street Com
missioner Case.
oooo.>ooo~~>~>NN~~N~<
The Metropolitan Police Commissioners to be
Furnished with Funds.
>J>.oyNNN>>NN~>1>~N~o~o.
Operations at the Com nm issi Oners,
Headquarters.
-o0<~>o-NNN~ONN>~~>>NN~
no Appointment as Yet in Place OF
President Draper.
Conclusion of the Seventeenth Ward Riot
Investigation.
U~y~N~O0N~~oo~NoN~O~NNN~
Trtal and Sentence of Rioters in the
Special Sessions
Operations at the Comm issi Oners'
Headquarters.
Street Comm listeners Case.
6UPs xMR COU aT--sPBClAL rxkM.

sUP. xnR CoUaT--sPBclAL TENN.
Besre Ben Judge Psab Ddy.
Ju1r 2-Tne m per u 10 the disposition OF the books
of the Stree, Commss,oDe,s Department WAS, at the
que of Mr. FELT journed 70 Wednesday, II Ia O'Clock,
oosnsc being epgaged In the hAbeas corpus before the
OOurt Of Common Pleas.
The Custody NJ Mr.. Charles Devlin.
RETURN OF THE b AssAs CoRPus-ARaUMKST rHnRR
ON POSTPONED.
oouKr COMMON PixAs-ePsoIAL rnxN
Before hon Judge Ingraham.
The habe corpus taken out by the Corporation Counsel
behalf OF Mr. Charles Deviin being returnabs st 10
O'Clock yesterday morning, before Hon. Judge Ingrahsm
tho Common Pleas chamber wdsd by the friends
Of that gentleman, members of the bar and others Mr..
Dcvhn present and looked extremely well AFTER his
brief prsonmept BE sat with the mort stoic com.
posure apparently Is ndie'e Dt TO the proceedings
any spectator whose liberty Was unaffected by them.
Mr. vsnderpoei, counsel for the Sheriff, add 'essng the
Court said that In pursuance Of the writ Of hsbeas corpus
the Sheriff prod ced Mr. Devln making the
VIII that ne had Charles Devn in his custody, aud held
BIN BY virtue OF warrant Issued by Judge Peabody, Of
che SUPREME Court, CODY whereof he annexed.
Mr. Brady aid the presented merely the pro-
and they proposed show the want OF any ursdic
Go 70 such was ysy plain on the face
the part OF the officer who sued it They proposed to
give proof 81 this under the SD section Of the Revised sta
Mr. Field would like to ask the Court there was not
art preliminary matter 10 be determined AS the
ID.
the case and the statute required that he should
have eight da,s' noucc OF the argument
The Court inquired what interest he had In the i'm
oopment of hr Devlins
Mr. Eeli replied that Mr. Conovere consisted In
the pects,y for hi ting possession OF the books aud
the Imprisonment OF Mr. Devlin was because Of his denial
Mr. Brady supposed tia. the Interest contemplated by
the statute Was private and pecuniary interest
Interest nor that Of public agent, nor the desire
Mr. NsIa csptepded that the notice spoken OF Ia the
statute necessary In public In private nstter
The Court decided that Mr.. Conovsr had net such an
Interest the statute contemplated. Mr. Devln
psoned for negec, or refusal to obey order Of the
Court sb,ch tired him. private citizen, TO deliver
certain books and % public officer. Conover
bad only an interest - public agent, not a. private
person
Mr. Field did see If they were mot entitled 70 notice,
that they bad any thing TO do In the matter.
nu n osS ss SsT aid n 70
pro,rou OF the statute requiring eight days.
Mr. Field then begged 70 object that they had not SUN
Afternoon having 70 prepare In other ters-the
argument 70, injunction IL this court and other before
s, .nS an, 10 Ss rs.av IN an ,he.s rnssrs ~
once and on tuch brief notice
Mr. oCopo considered that any gentleman who sought
20 nprou the Mayor the root Commi sioner and other
on light grounds should be omnpreseni and
omniecept bkevise
kr Field rene sed his objection tia. they had not suf
oeu, notice and uld not argue the then. IL Mr.
Devn foun warm In jail, tue sheriff had him In charge
and might take him ont IN the evening and rcgse him
once ali the time
Mr. Field had Understood It 70 be claimed thu, there
DevBn n Legally the Street Commissioner, would have
although jail However the Corporation Counsel should
Of The once beg ond the salary be should not contradict
hsm.
M o'c,uor opposed the motion for ,nser notice The
eturp the habeAs corpus stated thai Mr. Devn In
CUSTODY under Q warrant issued by Judge Pea
body. They proposed 10 shos, by the record
m mi n and rad N 0fuea
other proof po,hpg but wha, In writing and had
been under the supervision OF the counsel There
necessity for ume then 20 investigate matter OF fact and
cerany oounsel would ak time the ques
ton Of lac. When individual suddenly arrested
bound Al TO show the legality Of the warrant and to
Justify matter OF law. Az 10 the other reason, that
the learned counsel had another motion 10 bring there
wa no reason Why that should have precedence OF the
habeas corpus.
MT Field ready, n counsel would argue the matter
the warrant alone, 10 into other wise, n the
proceedings we're brought In, he asked time.
Mr. 0Uooor said that the return presented merely the
preoe NJ arrest That prccept was somewhat carefully
draw and suppressed variety Of facts relation 70
ap Boaior For instance. did not set Daniel D. Co
povers title 70 the ofcs OF Street Commissioner. They
wished TO pat In Mr. Conovers afdavts and the precep
Mr. Fed OBJECTED 20 going on without an opportunity Of
examining The mae Of papers, unless the Court decided
that they should, whom Of course be would submit
Mr. Bustced glad the counsel was 20 submissive
this morning, sod not ready, heretofore, 70 uample
Mr. Fcd Old deem worth his while 10 reply 70 the
4tnteman's obeer> alton.
Mr. Hoyes ~isaed 70 observe that either Mr. Conover
euued the eight days notice the statute prescribed
10 tuct time the Oouft should think ressonso q II
he entitled 10 the 9th r, then the District
Auorr ey would be entitled n oe In criminal proceed
ing Toe purpose, be understood ", 70 fer Mr.
levn, discharge 90 the ground that the oncer issuing
The writ had Jursdioon Nov he did not understand
thai any bad been made 10 the return
an issue, CURED by the statute.
The Court considered that the esd section contemplated
Mr. Brady ssd they would make out such an answer .,
M ren supposed they bad better adjourn the hearing
mean Time
Mr.. Brsdy-we can do II now; We undsrssand this
matter.
Mr. Fsb-I do ncs pretend tina, you do no, understand
a. want the matter over, and 70 stand over Ia
ne ioiIos:ns paper vvs drawn up ami sworn to by
The peuu psr CbarIe. DevIn for answer 70 the return
Ina and In support Of application 70 be discharged from
custody alleges that there ursdcton 70 issue the
he seres de several natter ~ fs %, sor by chsrd
Bus,ced the peuon for the writ Of habcas corpus In
.hl. mAnsr when matters Of fact tho, e; forth are
s.orn This ala day Of July 1851, bsfore me, D. o. L.
oRkHkN, rrst yuege.
stated scs, but merely mater Of las declaring that
there jdrsdicuou they could not tell what 70
M o'c,oor would inform the counsel ,hs, their po.,
wNs that on Mr. Copevers own papers appeared, By
careful suppression or omission Of The fact tina, he
r1os ssree Oommssioper secondly that Mr. Como
er ere Street Con missioner he did not show thai Mr.
evin ever possessed himself OF any books papers
fonsiug him that ,acty, In such 70 make
Mr. Dsvln subject proceedings This would sorvs for
che inorms " the counse and was not necessary TO
oct u forth In The Traverse
me Court that the fact relied for obtaining
tbe oecharee Of the party should be get forth In toe
70 The return He would adjourn the hearing OF
che argument urG III o'clck to-day "Wednesday
and In the meantime the traverse could be served.
Mr. Busted made application that pending the hearing
OF The usumept NJ bevbp shouli be taken from the
ussody OF the Sheriff which rigorous 10 him, and De
ps ed In CUSTODY Of the clerk Of the Court Of Common
sr neld wanted 10 know the counsel wished 10 have
Mr. Devhn pot on q es
Mr. Bas,eed supposed n might be very good joke 10 the
tesrned gentleman have Mr. Devn In prison. but was
nO 20 easapt 10 him.
NJ ned bad no ~wh 70 pvt Mr. Devin 10 any unneces
eary bocnvenience but should be remembered he had
been sojodsed suiIty % contempt