New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-06-26

the Mayor was named e. that time, wrote t1s Q z
| La affidavit. which have signed.
9 How j. L that you say that NJ Bea.et said II At
| he would psi Mr.. COuoyer out II Il hal ,akeu 81
weH A. You viii ind 'sAt Cd Tuesday morning.
| O. Whist old he say were the M4yors order, on the
occasion A. Iba: Mr.. Conover should leave the
| room; tha. be should leave the Office
| q. To whom did he say that A. To M. C0nover.
he also said il was painful duty that h. had per-
form: that he did win great reluctance tia; Il was
| his duty, the Mayor hsd ordered il, be hope /
Mr. Conover would have hard feelings il the mat
ter; this was on Tuesday Mr. Turner directed him to
lie tuned out on Monday; also heard when Mr. Con-
over was standing at the desk somebody say that it
was the Mayors oEders that Mr. Couover should be
elected.
Direct examination resumed-Mr. Couover had the
KEY Of one drawhr Of thu, Office II was drawer in
the Map and Clerk nom; he said after this time he
gave him the key TO open the drawer this morning.
To Mr. Brady-I gave NJ. ConOver thu key Of the
drnge that had charge Of there nothirs in the
drawer that know ofePgertsning to the Stree, Com
i,'te the drawer sfterward don't know found this
copy of permi, in the drawer occupied.
Mr.. Field then read in evidence the following
DEPOSITION OF NERwIS JONES.
CT. and Comfy # Ner- York. ss.: Merriam W.
Zones Of said city being sworn saith that on the
18th day of June inst. he accompanied Daniel ID.
Conover to the Mayors Office, in the City Hall, in
order 10 procure from the said Mayor the approval
Of the official bonf Of the said Conoyer Street
Commissioner: that their arrival at the said
by tie messenger ct the door of the Mayors private
Office; tlat the messenger shortly returned with
the answer that the MAYOR was much engaged
ard could no, see Mr., C0never or any one else:
and thereupon deponent and said Conover waited
about half an hour, during which time several
persons entered the Mayors privste room, through
The door by which Mr.. COnovers message had been
sent but that deponent and COnOver could hot pro-
cure entrance through the same that deponent then
went into the passage outside the main door OF the
Mayors general office, when he discovered that sew
eral persons going in and coming out Of the
MAYORS private room through a private door opening
from said passage. Said Conover then sent in sec
ond message TO said Mayor saying that he had official
business with the Mayor that he had important papers
to submit TO him, and when the messenger re-
turned Mr.. Conover asked him II the Mayor intended
10 admit him TO which the passenger replied that his
orders were peremptory and that he could not admit
the said ConOver. Mr.. COnoyer then remained some
time at the door communicating with the inner oihce,
during which time deponent heard the door IN the
passage open and shut repeatedly, and saw several
persons 90 in and come out Of the Mayors private
room; that said Conover then applied for admission
by the door in the passageway, which admission was
denied to him, though others were at the same time
admitted through the door. Mr.. Conoyer then
said to the door keeper | must see the Mayor, and
will 90 in. AT that moment Mr. Matsell, late Chief
of Police, came out and spoke to one or Two per-
sons seemingly officers and the guard at the door was
then increased by some two three men; that
deponent and said Conover then waited at the said
outer door in the passage nearyan hour that depo-
II
general Office, where Mr.. Ming, the Mayor clerk, was
seated; whereupon Mr.. ConOver said to him Mr..
Ming have been appointed Street Commissioner by
the Governor Of the State; wish to see the Mayor
to file my oath Of office and submit my official bond
for approval; am denied admittance to him; have
been waiting here nearly two hours since was trst
refused admiiance, and il Is evident that he dom n-
terd to see me-" He then exhibited his commission
to Mr. Ming md his oath Of office, and said, Il win
fe this oath Of office with you; Ming replied, " GU
can do so, / am the Mayors chief clerk Mr.. CONG
Yer thereupOn exhibited his official bond, aud said,
" wish to submit this TO the Mayor for his appro-
val" Ming examined the bond saying at the same
time. Il Mayor is engaged and his orders are strict
To- admit no one" Cotover then said, " | shall nle
this bond with the Controller, which you will state to
the Mayor." That thereupon deponent and said Con-
over paired to the Controllers office and there filed
the said bond.
And this deponent further saith, that it was evident
from the conversation and remarks OF the different
persons cOng1egated about the door Of the Mayors
Office that the nature of his business with the Mayor
was understood, and that his exclusion was inten-
topaL MERwIS n. JOINS,
'"O'"' ''"' - O. + HAYES, COMMISSIONS of Deeis.
Mr. Field announced that he had sent to Mr.. Ming,
the Mayors Clerk for Mr.. COnOveTs oath OF ciiice,
and that Mr.. Ming had refused to return it, saying
that it could not be found.
personal evidence, he having drawn itup. 1t was in
the usual form.
MIR. Willard on behalf of the respondent, then put
lutions Of the Board OF Aldermen and Councilmen
recognizing Mr.. Devlin as the rghtful incumbent OF
the Office together with the letter Of the Mayor TO
Charles Turner requesting him TO keep possession Of
the Office until Mr.. Taylors appointed.
Nh Turner again put on the stand to testify To-
various recogntiors Of Dir. Devn by the other De-
pariments Of the City Government in his official acts
Mr. Fied-The only other witnes "A hr. Flagg, and
| have sent repeatedly for him to cens.
NJ Brady do not propose to wal for 1ir flagg.
Mr. Flagg, however, entered the room just at this
NONE Mt, and was sworn.
TESTIMONY Oh AzARIAH Z. sLAGG
NJ Fied-Have you recognized Nr. Deyhn a. the
Street Commissioner Of New.York A. | cant say
that have recognized anybody lately, Sir Laugh
teri.
oficer-Gentlemen will keep ordar in the Court
Mr.. Field-That will do, Sir.
Mr.. Brady-Mr. Flagg, that Ii all
Mr. Fied-One moment, If you please; am re-
minded. Sir, of this requsliIOn made oy you on VII;
Devln will Won explain the circumstances OF that
A. This is the requsiiion of Mr. Haley lie came to
me aud wanted an advance Of 20 per cent on con-
tact and among other things lac asked what could be
Mr. Brady-I object 10 anything of that Mr. Harley
and the witness said.
Mr. Fied-No Sir this is a fse..
MI Brady-That is The reason Why object
Mr.. Fied-We don't seek TO give tbs as evidence
of fact, but fac in itself,
Mr.. Brady-Whatoyer Mr. tlrgg may think proper
to recognise not, Ia Is the Conirohei d he oy VI
Newlork and long as he elects 70 notl that ohce
the law casts upon Kim certain duties He cannot
quality any act that he does by any nonthy reSeIVa-
ton, concealed pro 'so, or conversation that ne gnt
have with any person with whom that act Is zone:
He has reccgnile5ihis and paid the money he Is not
at liberty to provo what he thought % felt or Wished
or supposed, or csnjecturei.
The Courts far hs validity 81 that act - con-
cerDed of he is not; nut az ID tAe erect o na
upon this matte, NAV he not explain the requuItlon
tina, led TO ii and go 70 show something neonsi't
ent with that sss
Mr.. Brady object II ais doing 1t 1t under any ci7
cumstences.
Mr. Field-Now will you 90 IN, Mr. Flagg.
Wines stated 70 Mr. Harley thar, With con-
tract which csl in my alice specifying the payments