The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-24
T. STREET COMMISSIONER QUARREL
& Alleged Contempt Of Court Of
Mayor Wood.
FFIDAVlTS REFU TING THE CHARGE.
V|o~eNN||1|NNNN|o0N
N6andamus Against Commits
sioner Oevtin.


si0ner Devin.
~o-o.o~~o0ooYoooooo.o>Oo
q lbaay Nominee Versus the City Nominee,
ron WOOD IN THE SUPERIOR COURT
sUREHIOR COURT--sPEoIAL TENN
Before Hon. Judge Hoffman.
E&.-Doaiel ID 0noor us. FsrTso1do Wood.-At 10
khe Judge intimated his readiness to proceed, and
nagiy the counsel for the plaintiff arose snd sadn
ne of Couover sgainst Wood, upon an order to show
why Wood should not be committed for oonte npt,
der 10 SHOW cause has been served and am ready
coed.
ri, counsel for Mayor Wood replied:-f your Honor
. Iappear here for Mr. Wood, and desire 10 ask your
1or whether you require his personal presence. II Is
hat he is very much engaged and pressed. with bu-
yet he will cheerfully from his office If you
cit
lee Holman remarked that was not necessary, and
DO would waive his presence.
insel for the Aayor-N your Honor please, I will,
IN answer to the affidavit of the plaintiff, nrst read
.' Of Mayor Wood himself
THE AFFIDAVIT or MAYOR WOOD.
y end County Of Neo York, @-Fernando Wood, the
named defendant being duly sworn, says that he |,
Iayor Of the city Of New York, and was such Mayor
10Th OF juno inst that from early in the morning Of
aid 10th Of June until after dark he engaged In the
or's office Of said city in the transaction Of official
sess
ponent further says that on account Of certain occur
% ON the 18th day Of Jone inst deponent and others
parties and organized bodies Of men that
many persons in said city were excited,
ny HAIL. that deponent was actively engaged in said
us Office In endeavoring 70 prevent any public dis
nce and until after the said Frederick W. Perry,
ser, had been at the City Hall the 10th June inst
rad left, deponent had no knowledge intmaton
that said suit had been commenced or that said
had any process 0f any kind to serve deponent.
ponent further says, that is not true that he has
wifelly desenediy. resisted the service on him
lawful order, or OF any order or process Of this
but, ON the contrary, that deponent did, the said
o day Of June inst and before there had been any
ch Of The public peace, and he heard that
p Perry had process 10 serve on him, send for said
and voluntarily offered 70 have said process served
ponent further says, that the attending
rst visit Of said Perry to the Mayors Office, tho
10th June inst, 30 far they CO ne TO Opponents
,leoge, were and are ~ follow, viz. Said Perry
at the outer office and informed the messenger, VII
butcher, that be desired 10 de ponent that said
Der opened the door Of the Mayors private office and
unced the name Of Mr. Perry, but did not say anything
nature Of the busness on which said Perry desired
ceponent that depopen was at the time engaged, and
ID 70 the said butcher and told him say 70 Mr. Per-
an ems aged and canrot see any person now" de.
a says had he known the nature Of Coroner Perry's
nd Afforded him every possible facility.
pouent says, that be gave orders 70 said Dutcher
PS Alderman, or n any other person persons, to
" York; ami deponent says hat II The said Perry
fheS forciby or violently elected from the said Office
IA Alderman, or By any other person or persons, II
y done without The order, knowledge assent Of depo
N and that said Alderman Was NOT in saiA p.,vsss
= thas say, nor did deponsnt see said s0AefmAn on
{, onens says, that IL ID not true that said Perry
y Obliged 10 and did invoke the cid Of the
.iary, and that By means Of such assistance
,as enabled TO mako the service which he
not Otherwise do, Of the resistance Of this
NJ and the said Ackerm man, 70 the execution Of the
rooess hat on che coatrary, deponent, - Mayor OF
FORK had himself at about eleven O'Clock A. Y. or
ID June, prior 10 the commencement Of The said 20
made fequsiu,u Major General sanford for the
1 y to preserve the public peace, and long before
Parr. had s. MT for ala Perry 70 come and serve
process, and said Perry did come alone and un-
panied by any military aid or assistance whatsoever,
In tho private once of said Mayor serve the said
Of arrest, and dsponent gave bail thereon on the
II III day Of June nstant
,pent says that II matter OF usuai and almost hour
rrepce TO reuse admiascc to persons 70 the Mayors
ofilco when dcponen, Ia O. gayed in business, and
an absolute necessity 10 have persons stationed 81
RI MO prevent the admission OF persons 10 said pri
flee, except at sush times they can be seen
h interfering with other business; that persons have
stationed for the entire time that deponent has oc
tho cffce OF Mayor, and that Mr.. butcher, the mes
who was so stationed a. the door on the 16th, has
FERNANDO WOOD
p before me this 22d June, 1851. WIZ MAGELLAN
sioner OF Deeds.
AFFIDAVIT OF sHKRIFY wILIKr.
o md oouny Of Ner York, s-Jamcs s wlet, Of
y, being dull, sworn says that he Ia the Shcrir OF
and county, and that on tho l6th day Of June In.
o, In The discharge 81 his duty, called upon Fernando
or. 1.-THE Mayors ofbcs, at about 10 az O'clock
a. an inierv,ew With the said Mayor on business
reference 70 process In this action and prior 70 the
that occurred at the rear steps or the City Hall,
q OOd estn mi n end fOT
nd say TO him that he, said Wood was informed that
l ry had an order Of arrest 70 serve on him; thai
p putty sheriff ss~an over TO the Coroucr's Office 70
"a Perry. peponent further says that be wa IN ami
b the CITY Hall during the entire day Of the 10th Of
os as, ne ,s 70 e ss1vcs ss
u In this action, but'hs be supposed II The time and
piood, that The OF osiion Of he Mayor was only 70
20 o. metropolitan police officer 70 serve criminal
sea before me this ESD day Of June, 1851. W. Il
unt q, Commissioner OF Deeds.
kYyipAvIr or DEPUTY SHERIFF MKrssrs.
md C's.rty f Nep forh, a-John hcKibbin, Of
Y, being duly ssorn says he 10 one OF the deputies
herin Of sad city and county, and on the i6sh
June inst that he In the once OF the Mayor OF
" on the afternoon Of that day prior 70 O'Clock p
bsn 10 Vas announced TO the Mayor, Fernando Wood.
Perry had on that day been at the outer Office
Mayor for the purpose OF serving process, and bad
ci ened admission. Deponent says that mme
~ on said announcement being made, said
allied FOR the messenger al the door and ordered him
ed for Coroner Ferry; deponcni says that no himself
no request OF said Fcrnsuoo Wood 20 10 the Sheris
Tr md OUTSIDE the City Hall, and inquired for said
rr or the purpose Of informing him that the Mayor
W see him, and he made dilgent inquiries for said
but that he Was unable 10 end him; deposcnt while
to Mayors oce on the said l6h OF June, heard said
do Wood direct tho messenger 70 admit Coroner
rf shenover he came; deponeut further says that all
stated occurred al least hour prior 10 any collision
D day between the Metropolitan and Municipal po-
d thai Il was understood By deponent, and 40 far n
mt knows by every person who had any Interview
aid Fernando Wood prior 10 the collision bet ~oen
sons al or near the rear steps OF the City Hall, on
9Th OF June inst that said Wood not only Old not
m avoid the service Of the process In the hands OF
ury, but vas anxious 10 have said Perry found and
n. ed 10 said Woods once. JOHN McKfBBIN, Jr.
n before me this I'D day Of June, 1867. FsEpEfucK
IKE, Commissioner Of Deeds.
sFIDAvTT OF DEPUTY sHKRtrr STEWART.
0ir AND u'antv Of Men Fork, 1'-John T. stewart,
city, being sworn, says-He IL one Of the Deputies
ia sc. Willet, Sheriff; and thai the afternoon OF
June instant, said willct rcqt csted depouent 10
Oh Coroner's Office and find Coroner Perry and re
m 10 come 10 the sherif's Office; that he went to
q u oners Office In said city and inquired for said
rry that said Perry not IN and deponent not know
a. business which ssid Willet wanted " said
r-y brought another with him 70 the Sherirs
49, JOHN I. STEWART.
uri before me this 22d June, 1897. WIZ MACMILLAN,
IN nj sioner Of Deeds.
AFFIDAVIT or oyyfcRR DUrCHER.
q n nd Co.,,gu MI Nm YrTk. NJ Wilson N Dufrhcr.