The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-18

shov also ,ha, WI, Of the pro ,er remedy
and that 1t Was sued at the p~opes time.
Toe Courrhe oul question Ia a. 60 The portion tue
prooeediI gs AT which the VIII was Issued
NJ OConnor-If is proper that Mr. Deviin shonid get
kind Of Judge pesb d''s order, aud that
be has resorsed ~ the gn kind of revies aad al the
right time, IL mskes the Gaze very short This ap ptcaon
for complete decision nd oetermnsuon Of IA.
sui aepcing supreme Court IL Ss not Al appiea
for tina the writ shall not ope ate a sta
OF the cursil It's scon for sn order who'
tern mated The proceeding, and allowed Jndgs
decision stand for ever aabe exceot ~ one or
sell defence by phys al force Snsn
sempi made ~ execute the war ants " tue pro
oeedDes are Dformai the other, vas nv an action to
sgrs which could hardly be calet remedy because
tho, Oh jury nigh give da 10 an indivdis-msb
put few dollars In the poke, of Nc Charles Degn-
would be remedy for the public There ~as no process
of appea In the common Law; s>,ue sb
except to how prisoners mirh, be Released 10 c-rtso
ca.es There W a. no remedy then except q lss
cerioa The Court had said that had no doioi OF is
beng the proper fsm, aud his learned op, nsat mao
conceded tn came. Al AL events tue authorities DE-
cited llut IT, certiorsii, Mr. o. oonor said, wa
tho same as the old uri. vi error before the MI %
excel mited he men irned varlo insap
which judgm ns would be reversed on writ OF or
ror for pur pose Of olaf ming for ceror sr nue.
broader of, than his leaned oppooen' ASSERTS per-
forms 1t rot on ap, lies to tue arisd zion o. tn Sodr
ana he beard Of case where rocee fings 90
ceriora bad been afh med where the court "a errors
In Law the merits except where they wee ~ T. matters
Of fact between witnesses He cited the
Nioo against Posts administrators, 18th Wendell The
similarity OF the Law ceruorar and the ancient
writ OF without the bill of exceptions, presented
harmony In the law which thou ought exit The
6s. that oe ,., h can only ons Ss rsoa
mary errors Of law Of summary Justices or that taero
y no appeal is absurd II this were 50, ide,
officers in this State-s county Judge for inlaoce who
could receive compliant from Mr. Conover, in the nt
(Oonoyer) the successor to that Office and ,udins
hla bcofs and papers. That any one who could hni
county iGdse ignor.Dt enough lssd would no. DC dun,
BOOKS sno papers apparent enough, II these fact-
admitted Mr.. OConor continued TO show that toe
authority, and deded Mr. Field TO a single
case in which a court affirmed judgmen. wnere
longed 70 bill of exceptions. With reference 10
Devn's tile to this Office he thought hs might assume
that be had the beet OF the two but
mad any right took the question in this
Of the Judge Peabody declined 70 investigate It,
isded 10 the mere possession II Dean 9TH were
10 wri another book Judicial affairs, ne could tell OF
ing tribunal that had no right TO decide As to
mao's lille TO office but had q right to decide a
10 who had none. MI O'Couor argued tnat the
provided for removal OF the books aud papers
bat in There no office having books aud
payers hch had not physical Tehns place anu tue
old officer retired with them within this building, the
could no. touch them; the remedy would be FOR
mag 10 issue warrant 10 Commit the intruder to
jail The DO ks in that case would be IN The right Ae but
the man would be In the wrong II Judge Peabody
decion stans he the Sheriff gather all the
papers ua, In the street Commssionrs OH e bring
Them into Court and when satisfied that they
property h. sen, for hand them over to Coaover 70 car
them wherever he please G this thing occurred with
mon SEAL, the consequence would be that the
| Clerk could issue all his orders properly under
seal fro his Office, but his books and papers would
be In some garrett In Mackereviie, II ConDver
TO retire to that quarter from motives of ecouo for the
and papers Counsel commended that toe officer should
have everything in his except the books and
papers, make his title good; that hen he got them
be could form all bis functions properly The Court Is
not decide that is 10 possession because he PUSHES
into the ofice one morning and gets Kicked out Mr.
OConor argued that the Court could nos exercise lie
powers decide DO posse sion for mischievous pur
pose, merfsre with the regular duties of the officer
He reviewed Conovers adavit In the before Judge
Peabody his taking ssesson and declared tost,
mttiDg them 70 be true Judge Peabody had any iris
election in the case he was much surprised Que section 10
bent bet special section was inserted Tor any one ming
into the Office during vacancy anu taking possession Of
the When there ocer de be proceeded
against, action may be taken against stranger Is i'm
possible 10 maintain the proposihon that extends TO
length, that the writ into the proceedings at toe
proper time, that the final decision mad shen Judge
that the acus delivery OF the property to Cono er w no
judicial than thai OF The Sbern, when he de-
cidea me ume OF the seizure, as 70 snn really De
low grade Of discretion and no more WAS charged
that grea, speed used In getting out this WRIT but II
pect airy TO have In the interval between the rem
dnion Of the decision and the execution Mr. OCon r
warmly defended his sssoate, Mr.. Busteed from the
puiauons cast upon him by Mr. Field on previous dag
and denied that there was any indrecon procuring
writ Mr. Busteed not consulted nj the early pert OF
heir counses ana was not aware of the linton his as
unworthy impu,atioDs, simply because Mr.. Braiy e.
prossed opinion In one court and Mr. austeed co.,
uary In another. He not personally impli aed
but be hoped that his Houor-who was par witness In
his case-would not sanction any i'm Jutaiops on the
honor and cd M ID Of the 1emen conducting the
Mr.. O'Oonor four hours in making hts argument
Mr.. Field dsclaimed IN strong terms, ali Intention OF
npuiine improper motives to any one and expressed
his regret that be shouli be supposed have done
20. he believed all the coun.ei intended 70 act a.
u honor, but they should have given him notice Of
what they go.og TO do He then took the vAro
prints IN Mr.. 0CoBors argument, commencing tha Con
could compel any whether In VI toe Office
10 give the books and He 'aid that IL the writ
quashed the would not be decided for tso
year, and where would Judge Peabody be them Jce
tanly Ii be 1ch DE denied that anal decs
haa been made while single act was LEI uudoue oy The
Court Nhich the statute declared should ooviz tue
delivery OF the books BE concluded by stating that the
Court refused perscde this writ would be aterfcr
itg vii the machinery OF government -paralyyiog ne
public arm No streets could be opened, repaired or
cleaned No money could be issuel for CONTRACT Tor
Comptroller egg refused 70 recognise seyn aud would
enter into business with him Moreover II would he
encouraging other 9cers 70 apply for xrib Of certoa
and win thirty two judges 10 the supreme Court read 70
Issue tuem DC would put TO his honor whether me 10
sislauro would not al last be compelled 10 enact hat
oerorsri hJuld tissue al all 10 summary proceediut
Judgc Davies then Announced that be weld leave hts
cersioO IN The hands OF the CLERK tomorrow saturday
ana the-Court &C jOurBcd TO II O'Clock 10 day