The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-29

Constitutional right-withous yet having obtained
Nc opinion Of single respectable COUNSEL under bis
hand, thai he believed ii 70 be constitoennsi" Inas
and verify believe without their being aole TO obtain the
signature respectable counsel that he, on bis We
constuiioaao Now The fact was that such opinion
had obtained The fact hat the effort TO bring
the hal which the question could DO decided by she
Court was attempted 70 be avoided by written document
protesting against IT, signed by every single one Of the
counsel on the other sids-nve gentlemen none more re-
would be found say constitutional, did believe
co. And now for the Of my belief. Il happened
gentleman Who made these remarks Saturday morn
ing, old speak in . manner tha, was quite COM.
stated Sss I he dare rot ossfy under his hand,
that be sincerely believed lhst SEA to be couat
tulor.l; and i shall remember while i've his
answer. remember IL because respect bs opinion
that Of good lawyer. vas exactly what lawyers cali
. confession snd avoidance. He said not word by
confession and avoidance. Said he "And you dare NOT
certify your professional veracity that you believe
you bsye rght to IN 'njuncnoo in THIS c.se." Now,
these things have said with great debbers'ion say
them with excitement; there nothing offensive any
ooe they are the truth Of history, and ID 10 es, able
any of the thinga do day shall 70 down. aloug with
the ddg nent OF the Court OF Appeals, 20 which
ali now DOW with Difference and submission. so m0ob
for The personalities 10 this Now for the law
The learned counsel then proceeded to sfgue the points
publsbed 10 Saturday mornings HERALD. Ee dwet spe
ciaiy the m0ns,rous doctrine ccneDded for the
other side, that claim to title gave color Of title,
and color Of title gave jurisdiction 10 the Justice,
Office DE- aeo 70 the cssn give I've h sns Beck. and
papers and send the rghfui possessor Of the Office to
prsop, without power 70 be released even 90 hsbeas
DUE Why upon such reasoning II his friend Mr. Sskles
were TO wrse him (dr O'C) q lei:er appointing him
Coausy Clerk be would 20 before Judge PEABODY state
nor might perchance adjudge him de fto the County
Clerk having color OF ute order him 70 have possession
o. ne es and papers ana s n Ar Connolly to sarage
tan)y Sooh have most exuavagant an ex extraordinary
state OF things claim pretenoe OF ntie give color OF
Jurisdiction, color Of Jurisdiction created irresponsible
power and the public rarers aud documents 10 ee
at The mercy Of inferior nsesistes without appeal and
the personal liberty Of publ ecers ut The mercy
,ame magistrate With the power examination or review
i. msnsIous. He could find NO filter TO desg
controlled by the decision Of Judge Peabody and CT ed the
case Of Striker w. Kelly w H. 70 show that the pro-
ceedings Of ~ Justice Peabody were null, for ]. was
Scpreme Court Judge holding any other office public
irust therefore any proceeding held before him another
I s as
Street Commissioner Office ing vested 10 the Mayor with
consent OF the Board Of Aldermen Governor King bad
more right TO make an appointment than bad the cer of
the court.
the close of the Argument the Court stated that he
would the decision In this Saturday morning
nest The gumen. in the pjupcton W be heard
Friday, snd In The means The reference Of
tempt to 90 on before Mr.. Hilton.
The Conover Contempt Case.
TESTIMONY KIJORB THE BEPERKD-rHE COUHsKL
sPARRIN0.
DAY.
The testimony in this case WIS continued yesterday
AZ the opening Of .he proceedings Mr. Brady he
hoped the Reeree would appoint early hour TO
possible to continue the testimony, and would
ask him TO Afford every facility 70 bring the ousness
conc'usioa possible.
M Field requested that The reference might continue
this evening til, midnight and should again to
"Wednesday morning ct O'Clock, and continue
~ long II may be necessary 10 take all the plaintiffs
testimony, II took Ill II O'Clock night, declaring
lis willingness To remain ill that hour II required.
Mr. Field requested the Referee put that In bis no.s
Mr. Brady suggested Referee shonld write down
from foxs Martyrs some other literary
preters'on, having quite mush what the
learned gentleman wanted down.
Mr. Hkop decided that he would cit then 10 hear the
testimony OF Mr. Dudley Field, agreed upon yesterday,
that be would then adjourn 10 O'Clock next day
and cit the whole day through.
Dudley Field s~orn and ey smped by Mr.. Field, ST.
Was in court at the time Of The occurrences sworn to by
Judge Peabody for sgnRtrre they were not given TO
me by any person; did not touch any Of them after they
were handed TO Judge Peabody heard Mr. Brady making
ton heard him say, served Il on him Myself, ana he
las reading y those we're all the words heard "a
Irememser; At that time oould no, see Mr. Bre~er;
locked FOR him IN coar; left my scat 10 get CLAN Of
water when the Judge bad the before n when
returned sac Cocoyer With some papers, and asked
him wbs; thoy he said Something that Bndy
jus, served on me-" asked, Has he signed tne
Ysn,p
NJ. Brady CD ected to detailing this conversation.
Mr. Teli sald wanted 70 show tina, q, that momen,
,hs wRnoss sshed oonovor where Brewer and that
Conover said he did not know shcreupou witnoss looked
round 10 try he coud him. and could not and that
this the Mr.. Brady speaking
The referee sustained Mr.. Brsdys objection, and the
witness proceeded with bis testm,ry.
AT the time Mr. Brady v0 speaking looked roapd the
room for NJ Brewer and could no. zee him. Brewer sat
thai mQgrrg few moments previous 70 his time the
nrs. left building after Mr. Bradys annsancement-
after the cont,abe came IN with load Of books had
ssoe,sius. and Mr. Brewer Vas not Then ,here.
Crors examined by Mr.. Brsdy-I did Mr.. Brady In
this yesterday whether wished 70 sxsmine me ~
witness this ease, but don Voollcct Aaf assigned ~
. reason for wishing 70 be examined that was NJ
trsi informed that injunction had bsen ssued aGniast
roupcenes and Couoverx reply 70 me- which we're a.
muIaneous; hrst 10 my BE saw John Fsrriryon 70
my knowledge, coming INTO the court room with the books
mat day, and never before never heard that he
be employed 10 execute this search wa-rast ~ the
warrant originally drawn, 10 vas not direc;ed
whether The original or not don't know vas out Ok
,owp when the warrant drawn; don't remember the
day made the alteration; think II was previous TO
Judge Peabody decison that the certiorar stay;
II have been the lch, lth iTth OF JAY; the
alteration suggested by my father, think; hu
Brewer on lsh when Judge Davies gave bis decision
Of ten o'clock, but am not certain; certainly him
at twelve o'clsck Mr. Brewer had no Interview with d.
n. Field Noyes before TWELVE on taai day that know
o. Old no, zee Brewer when he fr,t entered the court
room; don't know who requested Constable Harrington
10 be In attendance that day don't remember ever 70
have heard his name In my he before or AFTER twelve
O'Clock that day. until saw in the newspapers, giving
Of this affair the first books brought from
street Commissoner,s Office were eroush. ino coar,
by Peckhan; ] nrst saw Mr.. Conover lha,
day, think, at ten o'clock, before Judge
Davies tut no, before that time; d. y. Field then
present. don't know that they conversed my attention
was otherwise occupied; think DID no. see Conover
ssan before Twelve dont know who told Mr. vul,ce
attend In court that day; consulted OF the
attorneys Of oonover TO the means BY which any pro-