New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-06-25
La " NIELLIGENCE
THE STREET OOsiMISSIONERSnIP.
FURTHER PROCEEDINGS IN COURT-FERSANDO

HE SIREEG
FURTHER PROCEEDINGS IN COURT-FERSANDO
WOOD ON THE WITNESS STAND.
SUPREME COURT-JUsE "a Before Judge PEABODY
The case involving the rival claims of Messrs. Con-
over and Devn to the Office Of the Street Commls-
sioner in the application Of the former to compel the
latter to show why he should not deliver to the
applicant the books, documents and papers of the
office, again came up at l2l o'clock in Special Term
on motion Of Mr.. Field, counsel for Mr.. COnover.
Mr. Busted then proceeded to read to the Court the
following amended affidavit of Mir. DeyIn:
Charles Devlin, ben duly sworn, says-That he IL
the defendant in this proceeding; that he was duly
appointed Street Commissioner Tuesday, the ioth
pf June instant BIZ the Mayor, by and with the advice
and consent Of the Board of Aldermen ana that he
took the oath Of Office and filed official bond in due
form Of law, and entered upon the duties OF ms once
al the day aforesaid; that his immediate prede-
eessOr was Charles Turner, who entered upon tne
duties of the Office of Street Commissioner on the Jtn
day of June instant under and 10y virtue OF the ordi-
nance of the Common Council, he having been Tor Il
long time heretofore the Deputy Street Commissioner
II ut Oh the said 9th day OF June Joseph ). Taylor,
who the predecessor of Turner died, and as such
deputy Turner under and by virtue of the ordinances
aforesaid entered upon the duties OF the office ana
continued TO hold the office, and 10 discharge all the
duties thereof until the appointment of deponent
when the said Turner the office to deponent
that ever since thus deponent entered upon the du-
fes of the said Office to wit on the 10Th day Oh June
instant he has held undisurbed and peaceabc pos
session Of the same, has transacted ali the business
thereof and has been recognized rs the Street Com
missioner by every Department OF the City Govern
nent and by all persons having business WIN the
Office that while de pOneLt has been IN once lie mas AT
no time, upon any occasion whatever, employed
any force to exclude the said Conover from the
Office, threatened to do 50; that upon
two occasions the said COnOver called a.
1he Street Commissioners office, and demanded
possession of the from deponept which this de-
ionent declined to give him; that the first Il ne said
Ionoyer called was "Wednesday, june II, when,
after depOnents refusal aforesaid, ConOver lett,
Saving he would take another office; ana dep0nent
denies that he said he had force enough To Keep com
Vainant out, and intended TO 90 500 aud uepoueu' iur
fher denies that he had with him any policemen or
other persons assist him III keeping sand Conover
away; ON that he (deponent did keep SAID Conovef
away except aforesaid by refusing to surrender 10
him posse siOn of his office rs Aforesaid.
And deponent further says, that on the following
tay. THURSDAY, the 18th Of june instant, the SAID
Conoyer came again to deponents ONCE ana
demanded possession OF the books ana papers
of The office; deponent told hun there was No
use Of these repeated applications, Tor he tCOn-
over would always get the same answer ConoVeI
then said TO deponent, only want to nake formal
demand and have you refuse me, that can go 10
the Courts for my remedy" thsreupon dcponent dld
again refuse COnOvers demand whO immediately LETT
al his accord and deponent has not seen CVn0Ver
aimee at the office and deponent ls informed by MS
clerks and verify believes Conover has not aimee been
there. -, !, :: 80 49,, H.
ais DepuN Street Commissioner, the sad CharIes
Turner and verify believes, that while he the SAID
lu,per was acting Street COMMISSIONER as aforesaid,
10 wit on tie morning OF Tuesday the 10Th iastsht,
ahe said COnOyer came TO Inc otIeet commissioning
office and was elected thereirom by the Sheriff
NOISE who were then present and IN possession OF the
hooks and papers and furniture OF the ONCE ny drec'
lion of the Sheriff, who had levied upon the same
luder three several judgments recovered IN the CouII
,f Common Pleas and executions issued thereoni "
Nit; George Allen against the Mayor, Aldermen, Nc,
execution for san -, ieued June 10, 1906 levy
made the same day upon the books, papers, NC, III
lfaptflI .Al., aT
Peter Connolly against same defendants execution TOR
1884 81 issued July 30, 1856 levied same day upon
same property. Inc People, &c, against Thomas
Nlc(sinn &c, execution issued June is, 1871, ior
siI 81; levied same day upon same property. That
Ills is the same ctUn complained OF AMI sci orh III
;he plaintiff affidavit OF the I'D Instant
And this deponent is informed ~ his SAID deputy,
Charles Turner and deponen Verly believes that at
ne time while the said Turner acting Street Com
missioner aforesaid, TO wit, from the 9th until tue
10th of June lust dd he the SAID acting Street Com
missioner use, direct or employ any ioree "
eject the said ConOver from the office aforesaid nor
and h e, the said Turner, in any way eject COnoVer
thersnom; and that all the force and the only force
employed upon any occasion To eject SAID Coho'ef
from the rooms occupied by the Street Commissioner
rs aforesaid was used and directed by the Sheriff ana
MS posse who held possession of the books, papers
and furniture Of the office under aud by virtue oil tue
levy afre said and that said COnoser not al any
ime elected from the office except by the Sheriff and
persons acting under his erection defense of the
Sherfrs possession under the levy aforesaid.
And depOLent further says that Tue sald Judgments
still remain unsatisfed; that the levy made upon the
hooks pspers and furniture Oi the office still conou
as aforesaid and that the same are IN the lawful
tody of the Sheriff and have 50 continued, toe said
Sheriff permitting deponent, as Street Commissioners
10 use the same the discharge of the duties of the
Office. NhAhLhS OA'LiN'
JAMES SANFORD, Cou'r OF Deeds
The reading of the affidavit being concluded, MI.
Field said thai il the sfiioav was 10 be received 1t
would be proper to so into the inquiry oi INC @
s,apces oouected with the fact alleged; II would per-
hsps be more orderly to ask that the affidavit be eI,
1luded, and if that were denied and nc was very wen
content that il should BEL he should ask to go into al
inquiry
Mr. Brady-ln what form -
MIR. Ficld-By means Of depoSitions taken before
the Judge upon subpenas issued against various ino
vidnsls, whom shall designate. But, a: matter %
sS,rm Inst move that the affidavit be rejected. =.
r ,---ady said he had already insisted before the
Court that Il was not legitimate TO inquire in any way
who had first possession Of the Office Of Street Com
missioner, and he should not go into argument ON
that point now. When man swore that he had pos
session Of an Office. be might mean the furniture 'ae