New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-10

Tho ,,,.r. 20 .~r-,n Ccnose, fs r.srou .biy 'he
,r., ,r5 Nj, vr-lors asen,. age acting his retainer
aud in bis presence, {. s,sins ps'e Of .hrontery.
Th1G The ,ps c,s bis aaor ~oS.
perfectly NJ merely az temper e9' IA sa .iSS az
nnr wa. knovr Bfever before he ef the the feet
o. sufficiently estabshed But the proof Is ial d'e''
,sh On en- undspued facts which appeared before the
S,6i ,bat be- informed Mr. Field Of the injunction before
the ss-h signed Brew also knew oi Ngoe
10 Field or Brewer was notice TO ana bound ''n''e'
F II wa. clearly proved before the Referee thai the IN
the enhOuncemcnt 81 seIFoe
aS by Mr. Brady before harrington left the o2m
On this point conclusive evidence Was gwen ~ M p,b,f
Noee Aaron j. NsDderpoo, Chares OCOnor Henry bei'"o
ss The cs,imony Of the gentlemen just named IA eorTo-
,S h, large number Of dsnterested wines'es on the
art Of the plaintiffs and a. 20 the service 81 ne y
e Brewer or harrington left Court MI Pollock vines Tor
Conoyer confirms distinctly the statements OF orr
Strean Nearly all ConoveTs wltne'ses wei - ' I'd c,ive
low parzers expectants OF ONCE nnug hii gu
participants in his proceedings against DeVHn ine
ny wholly to overcome ne, 99 violation Of ,b. In
Eighh # the Court conclude tsst we Cosuor he eI
ipncon was Conover, inadvertant Conose' may d.
sione Office abandoning me present possession Vi '"'
and wing the expenses OF this proceedihEe ~ -.
Mi Field followed, submitting tue ioho"ios Po'"'''
MR. FIELDS POINTS.
Frat The idea that there was any violation OF 1e
by Nh Cono,e .nteb b INJUNCTION dg pro6bts onV his
removing the books papers or interfering WIN tlei lie
o SS TIE Injunction asked for by the complaint was to
,rohb his executing the warrants well as removing ne
.
& that he might proceed with the execution and do any
thing but remove the books and papers. ,,.., o..
Thd An iuu action now an order and 70 DC served a.
% order, are required be served There eau be no con-
temp. Therefore injunction when there would not De
of order served in the ZANE manner ana 5 W
circum:snces Code Sec ~ "; s ssi
Tcurm There be contempt till the party enjo1ed
knows thahe is eroned and what ne Il 30. 20 40
nor can there contempt until having uth kno"edse ne
does some which lac was prohibited from DONG
Fin The question: then reduces Itself TO TINS; Aier que
service Of the Injunction and an 70 know IT'S
did MI Conover disturb the books and papers
of the Street Commissioners office .
Sir MI Conover has removed OF ouche's DOCK or
eren: He has directed another to do So unless
the application for warrant was such direction but the
injunction not directed against that 1t aimed only AZ Tue
renewal or use of books and papers after the execution OF
EioS The direction of and its delivery to the
issue his warrant" The injunction this case does not as
prevent could prevent M Justice PEABODY from
Ninth After the issuing of the warrant to the constable MI
noyer had control over IT, He could neither eounerand
Il nor direct how II should be executed
Tenth But suppose Mr. COnover TO be- as ne certainly 10 ho
resnonsbe for all that done with the warrant under
after it left hands of the Judge then the inquiry becomes
bis What done with the warrant or under IT, ater the
due Of the injunction and an opportunity TO know ATS
Iscnf6 All that was done any time before after the
sorye of the Injunction the constabes receiving the
warrant proceeding with it the Street Commissioners
rooms and bringing three amfus OF books before the Judge
These acts not forbidden ana couo hot nave oee o
Tweifth Neither Mr. his counsel had any idea
of injunction against him, TIL was announced py MI
T1teenh: The injunction if it every du served
served till the warrant had been delivered TO the constable
Of execution and all the books brought into
actually arrived before Mr. Conover his counsel cond
read the paper served and thus know what the injunction
forbade.
At 3 o'clock the Court adjourned to Monday, at IL
o'clock, when Mr.. Field will conclude his argument
and Mr.. Brady will reply