The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-24

client desires, TO avoid an investigation n had
been sued, instead OF coming in here with these affidavit
would have come here ana answered that contempt
OF ths Court had been commit ted pree0ng evidence
OF the service Of tho civil process In teal Of that how
ever, have here aud answered the a zvits ra
ly and cumtabtaily ana the only party Voo kn)ws
whether not he has been guilty Of eodsual dts
respect purges that Contempt b, his positive st iavit
purees by his conduct IA sending not hls
sengers, but aso the Sheriff and his de-ues 10 ot the
Coroner 10 serve the process iost ina under the sta
tute reference IL allowed ,sorts ~ record upon
which To punish for contempt In the Re sed Statutes
27S marginal page), you will nnd;-
SEQ TO- Every curt reroed shall power 10 punish
for crmoa contempt peronh guilty OF either OF he follow
pisordtrly conieupnon. or insolen' behaviour. com
aud directly Tending 70 n.rrnpl ia proceacngs 70 mDs,
the respect due TO ils authority .,.,.,. =,
res endinS o n,sr,n q rs ra, Ia 0v
Resistance wu'y # red ny any pers,n to thu lawfal
process OF the court. &c
No man dsobey order until II Is served upon
him. we, therefore, do not under tue Lirt dvi
oihe aoo' section No" read the forth aoo S any man
suppore THAI who should avoid the of civil
process would commit contemp? The remedy In this
would be an attachment, publication in the newspapers,
or, the practice now Is, 10 Certain by mailing or
posting up the upon his house II Coroner Perry
der res inv esgaon where both be and tho Mayo
be put upon the stand not before an individual
but before twelve men-where bo b may be worn and
both stories undergo 81 strict examination; II
he wants that he has bis remedy by civil action;
for there have been many issued,
or twelve, think, served 10 day int will
any the outer office laio the weight of tn unger
upon Perry be him, and both be- examined IN
open Court But insist that process for criminal
tempt shAl not be used for the purpose Of vexog the
Chief Magistrate Of this city any individual We
have come voluntarily, and purged ourselves OF aay
thing which ned to look like contempt We
have said we would and win render the ODE encs
to the process OF this Court At all times aod II anything
occurred that day which lei suppose III
iutn
entirely out Of Misrepresentation 1t liz not for
reference There disputed facts whicn mate
rial ask therefore, that the defendant he discharged
Mr.. Feld-I Will submit the question to jury 70 be
summoned, and will be ready 70 try tho case 10 morrow
Counsel fer the Mayor-I submit that there is no case
here to be sent anywhere
Mr. Field do not what IL is sent before-eithsr
referee jurythe Court have power for both. think
II Is all very well for the say he win
NIT but II is until surrounded BY bayonets and
the Major General goes In and tells him he mus-then he
submits just as hmely rs any one else Are we to take
Woods oath this question: II Ii conceded that he IL
responsible although II not many days snce heard
my leaned friend argue that he exempt from all
arrest by virtue OF bis office the Mayor has resisted
q process, he has committed q contempt We are NOT
bound 10 take his oath, but have the privilege Of
amniug this question The hw contemplases sich ex.
animation II the question whether the persons
wounded who undertook to 60 into the City Hail. he
would have afidavits that they not touched,
and suppose he would knew nothing about thai
occurrence. II this resistance-if the Mayor
seize Off Ger entrusted with the execution Of process
mareat him, and turn him out Of bis Office thing
in the history Of courts The learned counsel quite
mistaken when he argues against the power Of the Court
This proceeding is for civil and criminal contempt BOTH
be could not shake oil the responsibility by sup
position that he doing right He ALSO referred to tho
Enssh cases where the Chancellor bad punished
masters. He then resumed:-But I wsstiog
time 70 argue that this AFFIDAVIT OF plaintiff 10 nos
reference. M Perry says he turned orcbly ous Of
that ONCE and int that upon the her adaviA there
ii Spr S s Ss nnss
How could any one tell that Wood vas Inside? Il Lac
fsl for any man 70 entrench himself in public building
process Is that itself conssuptP Why you could
reach him unless you had The power OF the cunsy
- g n sss ~ ass
70 have the truth found he sincere why shoald
reference AS oT ssvS WhS The Mar
get adsvts by the CARLOAD, long he has the
police under hi: control and that hope w be only for
Counsel for the Mayor submit that there Is proof
in the o. that the Mayor has nve hundred armed
around him. Whoever Vas ssihsred in tho CITY Hall,
were ca led together TO preserve the aud liberties Or
the city
Mr.. held-Yes ~ Rob Rsy preserved the peace and
nbes t,es II the lowlAnds OF Scotland.
Judge Hoffman then sad-I may congratulate myself,
ard believe Is The good fortune Of the Judges Of this
OF court that have experience quite
me In this The application arises upon crder IN
drawn after some consideration of the subj-ct II is
founded subdivision section 10, page 2S OF toe
Kew sed Satutee:-
Resistance w'uy offered By any person the lawful order
process OF the court
An order 10 show cause appeared to me to be the
most proper well the most legal b
be pursued. The afndaviu which are produced
presumprvely make Q case freeing the de
PENDANT from the charge OF contempt II Is no,
70 De denied tnai me sceha mat INTENDED resistance
tenn the court and Its process This intention muH be
decided and depend upon his knowledTe reasonable
formation Of the existence Of such proonss, unle defen
dant Wood, knew at tho time that Ferry applied Tor al.
mission and that Perry had order process from the
court to which Wood va, bound 70 DO obcdieat Unless
he know that Perry came there % servo such ,rde he
could not DO guilty or conemp. HIS own m
ndavit Is explicit that no communication ".
ever butcher also states positively that he cid
not communicate May or that PER-, there
or order to serve upon the Mayor In this state
Of the afdavs II In difficult 10 (bope others being
actually oogpizant Of these facr) What testimony be
adduoed 10 convict butcher and Wood OF abehood Yet
there may be case where proof might exist OF inccn
sstent made by Dutcher or admissions made
BY the Mayor, 70 contradict their poidve osths
am at present Of the opinion that the affidavit Of the
Coroner sufficient 10 warrant ire 70 show cause
In the direction OF the statute 70 give notice 10 tue party OF
the accusation agsin,t him ! am also inclined 70 the
vision secon TO- excf ds N Of resist the
auemed servicn OF process known by the 10
reason now 10 change the opinion which Ipduced
10 give the order 70 show cause bot shall give them
furthe Thus the mater reduced N this
whether, when the defendant comes with adavits appa
renty clear, positive and decisive, by themselves
alone exbonerao the from the attempt re-
stat lawful service, he does not make out which
entities him 10 demsod discharge; whether II Ia the
practice OF the Court In OF this character proceed
ing for criminal contempt 70 call In the party making
the complaint the adavn and sustain hts
ton shall adjourn the matter this point The
decson win be made the day AFTER 70 morrow.
TIE MANDAMUs CASE.
SUPREME CoURr-sPEciAL TERN.
Before Hon. Judge Peabody.
Jru 23.-At the opening Of the court n IL w., Mr.
Field counsel for Mr. Copover, read the reuIn OF his
client the defendant TO show Why he should
deliver the books papers OF the Office OF Street Com