The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-23

-s.d c,. being sworn, ss'.h1n.. he is attorney and
counsellor law has acted 10 the matter, ,esore Mr
yosce peshody the friend and legal sd wiser Of the de-
enesn, sooover iba be gas tresent before Mr. Justice
peabod, the Sth a July Inst while the proceedings
erect 10 the saranw against charles Devlin
pg that the frst warrant, whoh for the arrea
ssd Devln, Sas hsnced o. said Justice to Mr. 8et1o
tfncer the ourt and by aid Bsr,hoh ynner
handed to Joseph Pollock deli vered
~ him Sheriff Of the city county OF New vork
and was. as dep'nent rs Informed ami believes I'm
d,ae'y taken by raid Pollock IN the Sherf's OH that
ieped BY the said Justice and handed by him 10 Nj.
BNrbof and by sal Be tholf hanaed to deponen va,
immediately left The Court sh it, and hsuted to
ropp,ab Harrington In the hail outside the Court room
bat du'ipg ths ne this deponent the Court
cot word the subject Of ipun ,ioa had
aid BY Mr. James I Brady or any other person nor
oid deponept suppose that any Injunction what
hsd been served Aud this deponent saith that
forthwith with said Harrington TO the Street
issioners apartments In the Hill of Bee rds AMI the
said harrington then took Of the books, MAPS
r~pcs and mcponed IN the vsrrant sho ring
his warrant ano Doancng his authority and basine
hist ssid Fsrrnfton hao asked the present ~ pOui
out he books, and on their neRiecung do ne called
aid Harrington then took up an nrmfni OF ant
handed them to james Pecsham, to before ID.
harrington then look armfu books, and
carry ing Them out OF the office, Thomas Carroll
-ho~ 60 him paper; that deponen oti the
h hand, bit seeing H log he desk, looked tue
title OF the writ, ana seeing that Harrington VA. not
pAry told harrington tina. the paper directed 70 me
Sheriff and did not affect him; tina. the said Farringtoa
ben left with said armfai OF book, ana afterwards
turned and get another srmul aud paSsins ont
OF the door, the said Carroll as on the pie or books
paper which no saia copy Of the ioaocuon that the
said fsrrngoL then passed into C,art and did not
aocumopts ~batever Deponen far her saith, tina, the
defendant Cnover did not give this depaaent
of them, the execution thereof, ABOUT the sald
rocks maps, pa oers and cuments or either Of them,
and na he said Conover no orecton. whaeVer 70
the sad harrington, and never inerre in aoy respe
with the 10 warrants their ID, from the time
the dev rel to this deponent by hr Bert
hoif IN they executed Aud this deponep further
s.h that he was present in said Street Commissioners
| f'ioe when Mr.. Daniel Conover came there that
ahen Mr. Conover came in and requested " Tnrnsr %
the Oh air leave the that belonged IN
;he chair and Mr. Copover passed nehind the chair;
large number Of came 10 the room, apparently
sux p,ess for ward to see what vas going but all
OF them ,eabe and making to
disturbance that said Conover directed said Turner {,
Isave The Nd then closed in, and In e moments Mr.
turner sf ard depouept states positively. that Goa
did tell any else said Turn
err during all that time de Don Mt standing within two
feet Of sad Copover Conover ken hold Of
pushed said Turner, deponent must have seen II.
CONSTABLE PARRINe1oN's AFFIDAVIT
CSy and County Of Ne1 Fork, IS John r Harrington,
Of S c SU Morn s ,n,, ON s oil ae
OF July inst Mer sin e. BE ser handed TO the deponeu
the hall Of The building where the sapreme Court SITS
warrant Issued by Mr. Justice Pea body whereby be
com naDdsn to seize the hooks, papers maps and docu
mens belonging the Street Commissioner Office and
bring them forthwith before said Jdstce that depouent
once, in company with Mr. Brewer said
Street Cmmi soners office, and then and there took pos
sesson Of the papers books and documents in said
Office once took Up arm 'ul of books. which hs
handed to Mr. James Pecsbam and drectef him 80 take
Them TO Mr. Justice Peabody that after said Peckham had
left the building with said books and depopeni col
ectrg more books 10 take before said JUSTICE Mr. Thom
Carol came Ia said office and asked deponent his name,
and said he had an Injunction and wished deponeu to
give him time to make out copy to deponen
Deponept replied that he could not do So he
Justice; and Carroll then said III will this you'
and he then banded deponen! paper, which deponent
DARRELL d. Copover, Charles DevDn and ia WHILST,
Sheriff. &C Deponent then said to said Carre that said
prepare copy and serve on depouent Carroll Ii took
the paper and e deponent then took armfu OF books
which he hadad ont and started for the Supreme Court
room, where Justice Peabody was, and delivered said
books he then returned 10 the Street Commissioners Office
and took up another armfu of books and wa. as leaving
the Office when said Carroll returned and placed
that deuonen, led before ustcs peaSod,
the books, and which purporsed be copy Ia
iupcton deponen look the paper and showed IL to Mr.
advised deponent TO desist until application could be
made to the Common Peas 70 dissolve said Injunction do
ponen tbeyeupou returned Hall Of Records has
remained possession, from present. of
the papers, books, maps apd documents belonging IN said
oce And this dsponent further says that ne ha, never
| tpown been Informed that Injunction Issued
| In this action has ever been served on Mr. Como
| yer; that ne has never receaved any Instructions
he service thereof ever exchanged one word with
aid Csnover the subject and that the only instructions
from Mr. Brewer 10 execute H. aud from Mr. Field 70 desis
aforesaid and that he proceeded 70 execute ~ herein
nt further saith Ina, although he was in The court room
part Of the time before Judge Peabody yet be heart
thing said By any one on the subject OF an pancson OF
sny descrption that Mr. Brady bad not said word
the subject shen this deponent left Aud this deponent
further that the injunction not sbown TO p,neut
hins sad 20 him about till afeY the drst parcel
Of DO ks had been taken 10 the supreme Court
and the second had gotten together takea
up to be carried over nkewne tn deponen never con
scented consider peryiCe the niaDrtOo
said he would do and he waived proper SER
vice 10 any manner or entered into any usent Or
men, In relation 10 such service that deponen, did
anime said irupclos or copy Of tn he had taken to
the supreme Court DepoOeu did not refuse
ceive or accept the injunction or copy Off
Sworn July %, 1857, before me- W. = LEssErr, Com.
missioner Of Dec,s,
Ciy and Ctunigf AcU Tmk-wm. J, A. Fuller, OF
said city being sworn saith that he present In the
supreme courl the 18th Of Jdly instant when Mr.
Ju'ice Peabody appeared, ard the proceedings before
him commenced Tnat tho warrant to Arrest Charles
Deyin dell per BY he Judge 70 Henry Berthol and
BY the raid Bsrthof to Mervin Brewe, office
sel FOR Daniel Copoyer and vas by the said ever
search Afterwards handed by the Judge 10
The said Behof, and sy the SAID Berhof NJ Bre ser,
who mme Iaieig left the court room With II And ths
deponept further ,sith tina, no Mr james Brady
fevcr 20 The sid Conover The papers purp'trg TO be
action rnai Mr. Conoyer sal al the table besee M
Noycs and this deponcnt, and Mr. Brady Sat few
feet behind him. and when Mr. Brsy served the said p,
perr, walked forward and handed them 10 Mr.
CoBover over his shoulder wbou, saying q word, and
that when he cid 90 Mr.. Brewer Lad already gobe
out with the said second warrant And this deoopont fur
Their ssilh that whsn tho said pap~s served, Mr
Conover banded themto Mr. Noyes ~ho ncnocd real
ing them. AM had no, no,heo reading them when the
books were brought n and Mr. Conover did not
word IN respect N the sad warrants the service here
OF or the removed or disposition OF the books and PAGERS
belonging 70 the Street Commissioners Once aud referred
"a 10 the said warrants And this depouen farther eah
that after Ne Ra1y bad the said papers Mr. Brady
rose and stated 20 Ne Justice Pesbody hat he hal
pouncemepi'o make, which was that Injunction bad
been fran'ed b. the Court 81 Common Pleas, which he
hao inst served upon Mr. Conover wbc, Me- Couover
wss then reading which would the further
OF the Court discussion then between the el
the whole Of which this deponent heard thai Mr. Field dd
not state In subuaocs "tbs when IN rnctiou Of the
Crnr ~ Common Pleas 10 him fJudgc peapody) be
Uhe saf feld) hoped tba the Judge 10 no
uhe said ficd) had doneput under his feet" did
be declare "tbst said injunction ~as no better
than waste paper What NJ. Field said on
dat subject was ihs;-"U I sitting In your
place the berch OF the Supreme Court ana an To-
llnnlnn nna Io g.