The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-24

Il being three O'Clock, the Court here adjourned the
further hearing OF the argument 70 eleven O'CLOCK soaay
Order to Snow Cause.
COURT OF COMMON fLEAS
Before Judge Ing sham.
July On the sitting of the Court o. Common Pleas
hs ming Mr. Brady asked that the referee, TO whose
appointment the Court consented yesterday, should
be named and time fixed for taking testimony before
him.
The Court named Henry Hilton Esq and counsel agreed
o him.
After some discussion between Messrs OConor and
Field a. 70 lhe points which the testimony t, be
aken Court decided that the referee should take
ny and report 70 whether Mr. Brewer and the Con
sb Harrington present and knew OF the service OF
Injunction Mr. Conover, heard the OF
be same-where the search warrant when tho In
Opc,iou served, and whether any steps taken
owArds the execution of-whether Corover knew at the
ime that such warrant was issued
Mr.. O'Conor then read order OF reference to
points in which Mr. Field objected being offensive Mr.
o'Conor denied any intention Of giving offence.
Mr. Field presen ed several amendments which he
wished To hive added 70 the order.
Mr. OConorI object to tnat sir; put II In separate II
you choose We do mot want your sins mixed up with
Mr. Ned-There is no fear of that; We have 40 sins,
they al ynurs.
mine single spot blemlsh, will be by perjared
witness.
to add to los order but the Court ruled that aimed
many things not pertinent 70 the order made yesterday
and refused to receive it,
Mr. Brady wished that the testimony should be taken
before Mr. Hilton at but Mr. Field objected there
only two counsel bis sde and he did not choose
10 leave The habeas corpus Case
was ,htn arranged that the testimony should be taken
In the afternoon, when the hsbeas corpus
ORDER OF JUDGE INGRAaAN.
0Win IN rpin
out by the judge
sand slse the said referee ascertain and rcpor,
sher Of the counsel IT Mr. Conover and which OF them
knew that the injunction had been issued" &C, &c.
Mr. Field submitted the following amendment to the
der, which also stricken out by the judge
"And that be inquire whether an application was made
10 this Court IN or about the 10th OF July instant to inter
fere with the before Mr. Justice Peabody aud
20 what tina. application was and what der made
and where the same now is and whether 1t was kept
secret and II why, and when the injunction in this
actually obtained, aud whether 1t after
Yards altered and whether II kept secret till about
one O'Clock ofthe 18Th July and So WY and whether
for the purpose OF delay embarrassment Injunction
had been obtained from Mr. Justice Roosevelt the 9Th
Of June to show the Sd of July at IL O'Clock An
and kept secret till five O'Clock NJ Of the "a of JAY
and what has become Of that Injunction an whether
certorari snrrepuiousy obtained from Mr. Justice
few minutes Obtained by Devn and bis counsel upon the
ALE CATION that they desired few minutes delay make
their reply 70 tue new demand for the books under the
order Of Mr. Justice Peabody and whether the reply then
made the production OF the certorar, and whether
when the motion 10 superseie the certorari made
Devn's counsel declared that they would get
uorari, and whether application made for such
writ, and whether James Brady, Charles OConor,
other COUNSEL and who advised knew OF these
Mr. Hilton havrg appointed four O'Clock for the bearing
Of the teetn oDy these points, counsel met in his Office
Trinity Buildings, at that hour, when the following tes
moDy Vas taken
TESTIMONY TAKEN BIYoFE HENRY HILTON, ESQ.
Daniel E. Sckles swo-n and ex Amined by Mr.. Brady
Was in the court room in New City hall on 18Th July when
Justce Peabody signed certain warrants In the matter OF
Conover against Devn saw search warrant signed;
paper Daniel D. Conover that instsnty after Judge
Peabody signed the search warrant remembers where
the search warrant at the time Brady handed those
pagers 70 Mr. Conover during portion OF the time II was
passing from the hands Of the Judge to those think OF
Mr. BerhoH an officer OF the court; heard Mr.. Brady
TO Couover wbch consisted OF complaint and injunction
ssuDg out Of the Com Pleas Mr. Brady and stated
Court Of Common Pleas against Mr. Conover, NJ DevIin
and the Sheriff. that he had Gust served the Injunction
% 2, ns sDs any
this matter interfering with the books and papers OF
the Street Commisioners Office and which likewise
strained Mr. Oevn from transferring said bsoks and papers
70 Conoyer and expressed hops that oil parties inter.
esed who heard what he said would respect the injunction
OF the Court OF Comm Pleas issued by the First Judge
that court, p. Ingrsham Mr.. Field objected to witness
stating anything than the fact Of the OF the
pouncement Mr sactles oontinucd-The precise time
when the PAPERS handed 10 Conover Il fixed In his
mind by the Circumstance that his aen don closely
fixed on all that was going on so far a. he could
when the rspers served, because he aux Gus
that instant should be lost after the was
signed; bad . few moments before asked Mr. Brady,
who bad the papers in his hand when he would serve
them; he replied 10 me- Here Mr. Field again objected
and the referee decided that the reply necessary
Croes examined by Mr. Field-Was not OF Deylin's
COUNSEL he appeared for The Corporation before Judge
Peabody 10 connection with Mr.. Buseed; knew that
INJUNCTION had been taken out several days before; Mr.
Brewer was the lrs, person who ment oned II % him
Mr.. Fed-rhe injun;non IL dated lIth July How will
you explain that circumstance?
Aradv rta liza rnOr al Tint
all that matter had nothing % do with the order
The referee sustained The objection. NJ. sckles
tnued The Injunction had not been altered aftor Il
issued nj any time whom he present. can only speak
OF by htarssy; heard II In the 0rs place from Mr. Bus
mea uo se .n , ba no
they we're honest copies the papers no. all handed
10 mover In Joe parcel; the summons and CONSTANT
annexed, the H. motion separate; they were ali
handed 1t the same instant
James II Smith ssoTn, and examined by Mr. Brady
Is clerk 10 the department Of Re pairs and Supplies; vas
In the court the 18th OF July when Jadge Pea
body signed the search Ia the matter Of C0nover
against Deviin; ssw ia mes + Brady hand pa
pers 10 Mr. Copover instantly after the search
signed, nj the moment that the Judge handed
u to The clerk; knows scrwiu r Brewer; did not
Mr Brewer when Mr. Brady hanied the papers 10 Mr.
CoDover; heard Mr.. BnAdy announce 10 Jadge Peabody
that be had served Injunction on Co,oyer; that ives
about the same time be handed the papers to conover
Mir Field crc-, examines Holds his place under Nr
Devn; has talked With b his testimony since he
has been In this room; Dtvln simply him whn, he
In the court ROOM and nothing else told be
saw; when the papers served witness was sitting
'st outside the railing 10 the left Of Mr. Brady a few
feet frUm him could see Brady Conoyer aud bertbolf
al the same moment; Brady was or eight feet In
the OF Mr.. Cobover.
Frederick l. vuee worn, and examined by Mr. Brady
Saw Injunction and copy issued In the case CT the
Mayor &C. against Conover aud oilers the 18th Jaly
about &c oclsok In the morning at the sherins oGhce II
served the sheriff delivered him stuess).
compared original and copy, and kept the copy In bis
p~tesson old not inform Mr. Conovei that such iuiunc
ton wac In HE possess have no, spoken to him one
month; did not with C)novers counsel about
It'll Field Noyes and Brewer his COUNSEL was IA the
court the 18Th Of July when Judge Pebody sign
ed the warrant Tor Devlns arrest the commitment or
warrant wade vered to hi under these
Tine writ sent 10 the Sherin's Office and lodged fw
entry the under sheriff, James s Nillett, sent Il 10
him while be was Ia court with directions 10
srve n, not preseD when the search var.
rsrt was sgnef, he thinks; there when Jas Brady
annospced that an pjun Hon issued; that befo
the warrant OF arrest dell cred 10 him. hear
what Mr. Field sad In 10 that announcement len
the court with Mr. ysnderpoe after Brady made that