The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-24

no relation Thstever except where claimant ha. a Car
AMI uudoubted tile to the office, and u ahlng IL van
but physical means to overcome orcble possession OF
the once But this not proceeding ~ deerm tne
ne 10 an OH preliminary discussion, should he pro
otc that the la,nt had any right to the sce whatever
He hoped I, ,how that the proceedings should be summa
'ih dismissed.
Mr. Field replied that they alleged that Mr. Oonsver
In from the 9th until the 18th Of June,
when he wa turned out by an Illegal band BY the Re
wise statutes $780, 4h edition, "f any person appointed
elected any office shall die, and any books aud
papers bel peing appertap ng 10 the office shall come
Office may in like manner, az described, demand such
books and papers from the person having them 10 MS
the the rght the person In posse ssion
may have the right to the hooks and papers
Mr. Bra y-Tbey say in these papers that Mr.. Devlin %
ar Fed-we do not, sir.
Mr. Brad read the affidavit OF Mr. C,nover, aeg-
ing that the defendant Dew in was In poesession
The Court remarked that The preliminary question
claimed by the deierc,, really the whole question
Mr.. Field then commeuc, ais rgunent, when
hr. Brady wished know whether the counsel
going into discussion the then before the Court
Mr. Field replied that be proceeding 10 argue that
the power TO I'LL tns vacancy Ia vested 10 the Governor Of
the State that the Mayor and Aldermen have right
or authority in the matter Then hs would show that Co
mover Was properly appointed, and aer wards II neces
sary the Court could pqure truth of the aega
ton thai he had forciby elected
Mr. Brady entered his objection stated that he
enltled 10 be heard In opposition He had tAe right
10 object that the plaintiff must make an election TO go
ino The argument the papers before the court
To argue the whole merits OF this controversy these
Mr. Field commended that he proceeding in the rgh
FORM The provided for the inquire the
circumstances He suggested tina the proper
would be drSt toshow Conovers right and then to show
that he elected by Devlin
The Cour. suggested that both gentlemen agreed a. TO
the question TO oe argued but one called 1t preliminary
and the other secondary
hs Honor, who had right to inquire into the question
who had possession Of this ofhce-who preceded the
The Court Suggested that that was psrt Of the oues
ton which they both proposed TO discuss
Mr. Bsdy objected to any discussion until all the roofs
upon which the discussion s raised before the court
The Court remarked that there was little difficult In
seeing what that Of preliminary questions pro-
Mr. Field cnntepded that IL the appointment OF Conover
nv the Governor. the 9th of june gave him title 10
this Office, he the successor Of Taylor.
Mr. Brady admitted that Mr. Devin In poesessou Of
the office ana could not what was the evidence which
was necessary to introduce 10 the case II the plaintiff
wanted oesesson Of The Office why should he not proceed
by quo so&rrdn0, a. the Law directly
Mr. Field replied that the admission Of possession meant
something, else II should not be there. n Il useful
tht defence, the plaintiff had right to show how he
Possession, 70 deny that he In possession
AND if he was IN possession, they would show that he
then, mere forcbe assumption Of an office TO drive
ie ,iehnl preseason 70 quo ~orTa"o proceeding and
Mr. Brady commended that the plaintiff claimed possession
Of the books and papers He objected any proof what
ever On ene, slds a. 70 questions Oh TACT man IA.
wropguly kept from him, he may acquire possession by
summary procefs But where the title disputed, there
can be no other process 70 obtain possession except BY
The Court remarked that the defence claimed tho legal
possession and thus the whole question: not only which
could be argued here, but also by qso oa1aslo The
plaintiff Was entitled 70 show some color Of claim To the
Office
M ady commended that any further proof must b
taken, could be the plaintiff suggested This
. stasuatory proceeding which would nos admit Il.
MI reld- you choo.e you can appeal nom those pro-
M Brady-There u no appeal.
Me- Fed-You are mistaken.
Mr. Brady-No, Am not mistaken.
sr relc-rnsss u en- aopsel from ne special 70 she
seSss'l term - The s;,.ssss Of wSss, before s'
thai there IL NO appeal.
The Court ruled ssr some further discussion that tho
plaintiff could put In adavt denying the allegation Of
the endsr that he In possession Of the Office and
counsel for plaintiff WAS allowed time 70 prepare such
The afidavit vas in few moments read BY Mr.. Field
the above named applicant, being worn SAITH that hc
posi- ession Of the Office Of street Commissioner,
during he day that on Monday june U.s. b. retained pos.
session thereof and remained 10 the rooms appropriated 70
the Street Commissioner In the Hat Of Records during
the whole OF that day I'LL o'clock y n, the time Of
closing said Office that Tuesday June 49, he returned In
the morning his sa d ami transacted business
pertaining his sad Office and proceeding In the dis
beaded by John W. Betpeu, who stated thai he
acting by command Of the Mayor fercibly elected
sav. ,ha. on W,Jnrsd.v morpny J1pc ~ d,nun,nt 70
turned A. nd. ssta yo,ms and ihsre mat nv Cnar,ss
nevl,n sho refused N alo denorent 20 20 10 deoo
neps desk and said that had force enough 10 keep
sam ,hs, the 80 Ievhn had w,th him hrre for az
M Ncemsn and Other perrons N as, him In teenrc de
ro,cn sway ard ana an teen him awsy. and dcpspcnt
hr,hcr ANN ,has no Ia Informed and beevcr tha aaId
rh,Iss nvun hss moi hsea An .nv way In f,he
office, e1cepx by entirpe mo rioms ao esad; and
the books and ne office since the forcble expu
fnvn and halle has an
~ ,no said rc.,r,. n, he oscs or Ia s,a., n, ~
ona, c,ccnt =. ruutv dor denonen, n, s,me oebc,
nn Nf Nf' n m Cny0yFP
a. o,r IN be,o,e u,c Junc ~ ,ss7-C A PyIsony
~ pas,eedI ohiet h, inc renep,,on or ,h,s anSsva
IA csno, no yec,SeS Al All 10, th reasons Already sta a
:, -. Inc ,a,g one.,on shich Ina r,uyt ha. INT
~, . ~. - IT,. =. ~, ,s,,nn - Re ,,,la -
80 ae, ". ,hs,.,,,o o,,.c, 40 ~. ,ns,ae nc ~ w.
@ a,.J a, ~. o,an,o ,b,, a. ,,.,nns hc ,.sa,.sA I,
80 - 80 A.. r.,,o, cor,.,,a,s,.s hv an. p.v,.od
s,.,.s Az. n Ia N shs s,,lc,s ,as he,ng e. p,ocessiny.