New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-06-17

;ne S,. n ,pnissiouer Of the City Of Nev.Yort
bnyi,y besn ser n,ed such by the Governor q this
state uncn the deer, Of Joseph S Taylor. the late
Street Conmssioner: lbs ms P sPa%ens ecs.,'t os
thai the defendant. james G. Wine, is the Sheriff Of
the said city and county. -
That ON the 18Th day Of June, ,SS', while depcnsnt
was peacefully seated in said apai nses, the deieed
ant Wilet entered the same.
That at that time several men were stationed ia
FONT If one Of the rooms before mentioned communal
eating with the room in which deponent was stnng.
AID on deponers attempting 20 enter ssia rooo shey
refused 70 permit him 70 do 50. alleging that they Ast
been deputzed TO act as Depaiy Sherfs by the card
Wllet and were directed by him 10 prevent dePonent
from entering said room; that said Wilet informed
deponent that they had been so deputzed, and had
received from him such orders that said Nlet, In
deponens presence directed said men 10 prevent de-
ponents entrance INTO said room, and that be sabse-
quently sent other deputies 10 remain IN Opponents
Office as deponent believes, to embarrass and annoy
him in the prosecution of his duties Street Comns
soner and deponen further saith that subsequently,
and on The same day! ,ae SSRSt'es 10 place. S osp
leave his said Office and that ;heeupon the defendant
| Bennett aided and assisted by several other men
unknown TO deponent who acted ulder HE directions
seized depOnent forcby by the collar aud by his s1n
and, on deponents attempting TO defend himself
struggled violently with him. hurting his and
week and otherwise hreising and mjuring hun, aud
Il ucbly elected bin fOm said apartments.
That as deponent has been informed by the person
20 ,ssaultnc him and verify believes, all the persons
c"n emitting ss assault acted by the direction Of the
f, ,dsnt ood who ordered said assault to be made
upon the deponen while in the peacese'e prosecution
81 his duty
And Seponent ftlther saith that during tie said
sault th aforesaid deputies Of the defendant Wilet
and the seh Charles Timer stood by and encouraged
and aided snd abettei the defendant BennstB in bis
said attack and de ,csent 81 informed and believes
the said d. pSties directed BY the defendSs, VII
let 10 lend their aid and couuessace therefor tsst the
said Bennett curing the LAY ffel,enty went bss and
~ Ifo. 80 oil Of H.
PENDANT Wood.
Deponert further saith tat he bszeves all the H..
PENDANTS conspred together TO procure said assautsto
be committed upon him.
And This deponen further s,ith that on this 10th day
of June 1857 this deponent took his place In his said
office when the SAID Bennett, who is xcting po-
hceman under the order of the said Weed, appeared
nd ordered this depenens TO cave, wssrcupon this
A aponent demanded hs authority, aud the said Ben
n, Il ansv sred that he WAS acting by the express or
de, of the said Wood 20 turn this opponent out. lie
s.a the Iasn under his command theroupon torcibly
rem owed tAis deponent from the said room,
So 0n Juh' Is 1851 G sss % Acxss eo ScS n D.si
UPERIaa COURT Oh Tnk CITY OF Nsw.IoRK.
U~iei D corDvsr sgt Fc,Rsnss Wood Charles Turner Jss
G. wiIstt and John W. senne't'-ore'f :" "rs'' and
10 tde Cos,aers Of the city and County Of Netr-
Yc-s, IL aJ,eaEing to me, by affidavit that sufi-
ciea c, Of action exists snder section f's Of the
Code Va IL are ve9uued forthwith TO arrest ,he defend
ants in this az ion, and hold each of them 10 bail in
the sam of SIZE and to return this order 70 Fsld 8
New-.fork, ON the 18Th day OF Jane 1897.
Dated News York INV 10, 1857
An order was rlso ssued by the Recorder for the
sest Of the psres, and the warrant was placed
In the hands ,of OF icer WaImg.
Below we u resent .he opinion Of Nicholas Hin upon
which Govern. n King acted in filling the vacancy.
oPIN ION oy NICHOLAS NIL.
have exami ned the question WI sther the existing
vsoaney in the flee Of stIeet Commissioner, in the
Cgy of New-Yoi k, may be supplied by an exer.ss Of
the appointing ower vested in the Governcr, and
bgve arrived at he following result
l. No power ov er hpyacaBcy is given 30 the ssayor
m Board Of Aide rmen by the 10Th any oths~ sse4
tisn Of the anende ChGuer Even H. power 81 ap-
pc sfrert given b, that eeticn was no: 10 take eject.
in Cespeo ms "A rec until the expiration OF thu tem
of .hs deceased inc umbe1t l95l. The cases, rcre-
over in which the powCr to MI vacancies wss' ia
I, listed Ia the MAY or AMI Aldermen expressly
designated, and theii right to I'll them N aN
designated, is thus excluded by implication $780,
, [ know of special enactment gOthmie
anhorizing the filing of this vacancy except the
Il atute passed February 3, lSi9 Laws csiSg, E2,
AID ID seems to that tn, fairly within
tbs power there given to the Governor.
SCENES AT TmE RECgKDEh's OFFICE.
The Recorders Office was ne scene of ilueh excite
-isns during the day. but especially in the eternosn.
Capt. Walrg was sent with a,wMrapt issusd-by .he
ssOrder n auest Mayor Wood a change Of iaeits
Do riot AVID having gained sazlitta to- tbo Office,
cssnmenced to inform the Mayor of Ii is eraa6, when
Is ood Refused to recognize his auti Ority police
ncer and had the Captain eecicd from tho office by
a posse Of his men.
The warrant was then put in the hands Of sAeriG
Wllett, who assumed that he could not execute H. as
no admittance to the Mayors Office would 30 allowed
by the police.
Coroner Perry was in the msanti me piaoed n pos
session of warrant fiom tk, Sups ror Court, issued
by Judge Hoffman, to arrest she Mayor AID h<ld him
to bail in - OOO in civil suit broush by H. Csaover
but the Coroner although reaching; the ra3ngs Of the
inner Office, was refused further ad.nittaIxe and
elected by ex-Capt. Acko1nan aud others Of the
Mayors police The COooner went 70 the Recorder
and informed him OF the resist anee. Bs advice Of
d. ID. Field and other counsel tho COTontr made
requistoa for military aid, which yes Understood TO
be in readiness.
THE VARIANT
SURF lIoR COURT or TIE CITY ~ Ngw-YoRK.
Daniel Conoyer sst Ferpando Woe d lanes c. Wllett
Cha ss and Jo W. Bsune ts-osdsr Of arrest snd
TO he Corouer, of the city and Connty Of Nep-
York tappearing to me by aft dnylt that sufficient
couse Of action exits, under aon l7g Of the Code
YOU ere required forthwith to elnest th defendants TO-
this ACTION and hold them TO bMljn The Of 00s,
and return this ordsT TO FielL s. Sluyter plsiniiGs
Attorney at their Office, No. 81 Broadway, New-
YORK, on the 18th day Of june, 1857.
Dllsd New York, Ius 10, lS" ,. ..
mother effort was thoughs ref,essary before tie
derbg Of the military, and his Coroner, with small
force of about y Of the Metro politan Police loaded
BY Lieut.. setring, Ninth Pre- cind 20 protect him,
went over to the Hall to te the writ They were
sent back by mob of rIhiAns backed by the Mayors
Police ba.COrOner sscsp' ID injury, but Upward Of
q dozen os .he Metrepolih IN Police were severely
wounded The force retu ned to the Recorders Of
flee and informed hin-thnt they overrOwered by