The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-11
STREET COMMISSIONERS CASE.
rHE PROCEEDINGS EEr0RK JUDGE PEABODY HrKR
RUrTKD Ey A WRIT OF CKRrroRARI.
svrRuNn corRr--srp'lAL ruNa,
Reforc Enn- Indrn peahndu

SUPREME oorM-srSl1L rnN,
Before Hon. Judge Peabody.
Jriy lo-m ne mater Of ne Application ~ DonIi D.
Conosr 10 compel Charles Dcuiin 20 sMremig 30 han he
ooots maps aud papers Of ne steet Cnisonr's Dep1y,
nni Mr. Held sddrs ssing the Court said The order md
warrants gave yesterday desire 70 have settled en-
deavored yesterday to &c, description Of
the books belonging to the ssSrt Commissioner Office
Than thai general description that haveAlre.y
given. ! am not able 10 describe thcm accurately
but produce schedule a. full could be made.
The Court said The FIRST thing to be done settle the
order he under the impression that order iyef
should be made for The WHOLE and defendant
refusing 70 comply with the order the should be
served The order shall be ued and the defepdsn,
an opportunity OF complying with H. These
analogous 70 executions Ths Tor ssued complied
wtb--ncn oonSa,-there may be reasons why u could
not he complied with; tbs hand OF Providence may ner.
pose there may be very good reasons shy the order
should not be complied with, and the party should the O.
fore he heard before the ssuns Of penal
The statute itself In this particular exceedingly mcsger
NJ Noyes ssd that they under the impression thai
ser the order made ont duty u the defeu
dant 70 make affidavit sufficient to exempt him from
imprisonment They has, however, no obJec Ion 10 the
suggestion OF his Honor; a, the same me the public In
iertss NUT be looked 10 A. to he list NJ bulks the dc
fendsbi, Mr. levin, knoss exactly what they are, and
they che counsel iot the psntnD desire that he should
The counsel Tor the deepdan, laughed at this request
NJ Brady was NOT aware Of any particular obligation
he vas under 70 assist bis learned friends Ia usual
In war either on the bat e field Of Justice
assist the enemy they did not intend therefore sve
them any s",snce but on the contrary would nierposc
every difficulty they could He tMr Brady thought that
They scag without any authority Whatever that this
proceeding nulhy, aud that ,h, record there IL
total wstt of jurisdiction n his Honor rsn,ed warrant
and Mr. Devn should be arrested hsbess orpus coald
be readily Obtained He ecied 10 any enlargement OF
the order presented yesterday beyond the hms Of the
petition there no evidence before this court that these
books were In the Office an hour ago; there evidence
thai they are there there evidence thai Devn
had ever been 10 the possession OF theSn And
view he had NJ the that there
Injunction pending In this matter and that lf NJ Dcviu
M OF those books would subject him
self 10 prosecution and conteu ~ Of ne r Bra
dy) wished 10 explain what he said yesterday aoout the
sheriff He meant that he felt confident that the sheriff
would not the warrants during the pepdcnsy OF the
Injunction before Judge Roosevelt He suggested that this
order should stand m Tuesday next, vhcn, n Judge
Roosevelt dssolves tho Injunction his Honors path would
then he clear before him Asthe Court had suggested Mr.
Devlln may have many snssers 10 make TO iha order
Nj Brady read from the statutes and commended that the
books should be accurately described Toe law never
contemplated that any for whom i impossible 10
deliver up books should be imprisoned Tor couemp The
city authorities have taken possession Of his proper
W, Tor aught he knew, and therefore would be inpos
slele Tor Mr.. Dcvin TO give them up.
MT neld hal no doubt about the urisdic'on snd they
NoVo eke he hazard, II any there be he proposed 70
axe the order snd have II served Immediately on Ne
Devhn II BIO can be found mr.. Devn. who in court
WIZ nus counsel smiled at the suppc that he could
NOV ne FOUND and " the order Il not compiled with,
warrant should be Issued FOR Ma arrest The Sheriff. who
Pruoen. cautious man. and scts under the advice OF
10 the Street Commssooer's departn,ept Mr. Held aon
oGered 10 amend the proposed order ALREADY pubshed
by Mting me schedule OF The BOOKS &C which he
produced. II Tie Court preferred they would also sub
NIT an afidavt with The schedule
Mr. Brady remarked that RI they wanted 10 commence
the proceedings over again he had objectos but he
entitled to COPY OF the affidavit In order 10 answer
w.
The ccur though, better TO lei the order RAND tits,