New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-06-24

when The reading Of the ,ffdaviA bad been con-
ended NJ Field said that w,hoa, attempting an ana
Iysis Oh tbe documents nov it was enough for him !"
STATE that there we're contradictions in the statements
Fl The different depopents which required inyes:ls4
ton The statement Of the Coroner, who was person
ally entirely Trustworthy he understood, was very cF
cumstan,ia and abou: il there could be no m,ake IN
less there perjury somewhere. Inc ehusst VI
the Mayor bad proved great deal TOO iDucI' IL .ae
Msyor had coftsnted himself with ssyirg that he aid
not know there was order o' arrest toere might
have been little more credit gwen 10 MS statement
To saw this was very possible. But To say that after
these two interviews nobody knew that this was tee
Coroper with civil order and process was saying
little more Ii n anybody could very wei believe This
wss not the time however ~ comment upon mat
the Cont would recolect that the most usual
wa. Ia issue aD attachment and if attachment had
been Issued the Cour. would have had Woods
answer on oath TO each specific question, and
tkey would have been permitted 10 select or
course the Court would not deprive the eppl-
cant Of an opportunity TO disprOye these
efidavts by the form Of the proceeding What ne
asked was e reference to some proper person to
take proofs of the facts on the permission 10 examine
Fernando Wood, oath, and any other witnesses
which may be brought on the stand. With that ex.
animation they would be content. As to the night OF
the applicant 10 have such reference If an attachment
had been Issued, Mr.. Field referred TO Revised
Statutes, section 10, page 626. Their wish he cOntin-
ned, wac TO have the question determined whether
Wood had been guilty OF this gross misconduct which
had threatened to involve the peace OF this whole city,
The power of the Court to order reference was very
clear by section 21l Of the code third subdivision
they were desirous of having this Investigations the
Coroner was also desirOus-he being prepared with
great deal Of circumsantial evidence which, a. he
Mr. Field was instructed would fasten the guilt OF
an intentional and wful resistance to the process of
this Court by the defendant Wood
Mr.. Dean in behalf Of Fernando Wood, opposed
the application for a reference. He said that the
oder TO show cause was totally insufficient to author
ize il. The defendant having been grossly misrepre
septed by the public papers, and criminal warrant
having been issued to be served by person whose
authority the Mayor did MT recognize, il was very
easy 10 see how q msappIehension on the part
Of the Mayor, and how CCroner Perry mig1t have
been ming led IL hs mind with the others; aud that
the actual resistance 10 Coroner Perry might have
happened without any intention to resist on the part
of Mayor Wood. lie had never failed TO respond to
the summons Of Court he had never in his life or
at any rate during this controversy, attempted
TO interfere with the regular execution OF process OF
this Court The affidavit of Coroner Perry the
counsel contended was insufficient of itself 10 order
the defendant to be committed for criminal contempt.
Coroner Perry did not pretend that he saw the
Mayor at the time of this resistance he did not
know that Mayor Wood was at the time in his private
Office and be did not know that his message was
municated TO the Mayor Here was a statement upon
which the Court could not base an ordinary attach.
ment against property and much less against person
for contempt of court. But they answered the afida-
Wit and answered it fully and the answer fully purged
the defendant Of the alleged contempt II It was made
out by affidavit of the applicant lie says; 81 did
"not know that process Of this Court had been
issued against Inc, and | refused the Coroner adj
mission, not because supposed he had process;
"sgainst me, but because was engaged in official
business" But there was another complete answer
in the fact that the afdavikwas insufficient. IL was
grounded on information ara belief, while opposed to
il was the statements cFnen who were above gus
pieion fyoy me position, they occupied in this Court.
iNey were 'the Sheriff Gpd his two Deputies. The
f1ues g. hcforgt(s Gourt was not Shttherfhe Police
or the Hr acmntted perjury. for e supposed!
III, - ~. ....t. ftfxr
, ~ sit1d : 4 o,5 stands an ojna wiz
Mr. Deanm.,The ques.clt,1 Th9tle,f F5'ngpdeWo2I
process OF this C3urt. II Gfidayso of sheriff valet
ard HE two deputies are Perfect 9pswer/to tks mo
toni Mr.. atewhrt, ,one of w Deputy, @ys that
Ma, or WOOD requested him Il 60 for fgrcner Perry
and he nos finding him in his office br Jht another of
the CorOners, surprising that Corner was wanted
for his usual business-to hold an inquest.
Mr. Fied-Who on Fernando Wood
Mr.. Dean--No, Sir; to hold an inquest on some Of
the Metropolitan Police, probably.
Ri Fieid-He was probably anticipating events.
Mr.. Dean contended further that the acts of Wood
were not a resistance of the service OF the order
Would any one contend that it was resisting process
of Court for to hide or keep out Of the way OF
the officer so that the officer could not the pro-
cess. J.? What was the remedy in such case! Ii was
an attachment publication of notice in newspaper
or by mailing it to the dwelling OF the Individual Ii
Coroner Perry wanted investigation, not before an
individual Judge, but before jury of twelve men,
nation so that both might give an account OF their
stewardship on that memorable day he had his RENE
dy IN civil action. 1t was not case for reference
there were no disputed facts which material and
be therefore insisted that the defendant should De ais
charged the spot.
Mr. Field-Do understand you TO say that you viii
consent that this be submitted TO jury you do,
will consent that issue be framed at once, and that We
submit 10 Jury tomorrow the question whether the
Mayor knew that a process had been issued against
him by this Court previous 10 Coroner feHy cainng
with it III his possession.
Mr.. DEAN say that there is no case mere 10 De
sent where; but II Coroner fefry wants MS Ieneuy,
il lies in civil suit. 49,
MIR. Field-We want Jury, and would be glad to
have il. BY section ~ of the Code 1t will be seen
that this Court has power to act in this matter by refer
ence NV friend has spoken to Woods willingness to
submit to process proceeding from this Court lie
subn it's when powder, lead and bayonets are brought
into requisition. When the MAJOR General says 10
him-Sir if you don't submit to this, you shall do 1t
at the point Of the bayonet he submits as tamey as an
infant but until then, aided by his armed Policemen,
he was violent My friend says there are no dis
puted facts which material in this case. What is
the question involved The question is whether or
no. Wood, knowing, or having reason to believe, that
there civil process out against him. resisted that
process Upon that point, the counsel says we must
take Woods oath. Where is that found3 l would
ask. Why the other day, heard the gentleman con.
tend that the Mayor beyond the reach OF criminal
process by virtue of his office but he does not say
Mr. Deau-Yes do l contend for that doctrine
here as elsewhere but in this waive that con-
sidoIatiOn.
Mr. Field-Then you abandon the ground here.
We are not bound to take his oath-we have right
TO cross. examination because the law contempates
that YOU should pass upon the question whether not
he has been guilty of contempt upon the proofs and
other proofs too than the Of the defendant on
oath. Ii the question were to-day whether the men,
bers Of the Metropolitan Police were wounded o. the
10th while endeavOrng to assist the Coroner in serv.
ing the process issuing from this Court, we would
have afdavit by the bushel that those wounded men
were not touched, and Wood would swear that ne
l,.oa nothing aAnut IL sLall NOT in