The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-10-30

me street Commlssacnsr Conerovsrsy-Mr
Dsv1in's Counsel Protest against the Juris-
dlCtAOn.
sUrRnn coURr-sPEorAL TENN.
Bsfors Hon. Judge Peabody.
Don. 2o.-D~dd D. OOwouer %. ne Mayor and Common
ally and Ohos Deu.m Tho parties me. sesdemen4 OF
the orders which had bean adjourned from The previous
day Mr. Field Ind Mr. Noyes represented the plaintiff,
Nessn Hckles and Brady appeared for Mr. Dsvin, but
The Mayor end OemmoaAny were aa represented, Mr.
Bustsed declining 10 appear.
me Judge I'D ha4 with respscs 70 the nrss sror he
had sdopled the Amsndmsnts Of the defendants
me order amended restrins NE Mayor and Common
sly and Dsvin fro1 interfering with The books, 10 Of
he rsss OonmisssasFs onioe, and gtvev them the
ins ~ VIII os he dsfsndsn Ibis particular o.ss, Su.
does not attempt 70 restrain " Court Of Oommoa Pleas,
NJ scsiss ssid hss be had nothing additions 70 offer
Al they ssked 70 sustain The dignity Of court Of 90
ordinate tur,s aicton
tericre with thai tribunal, and no would not no
could.
made and some conversation arose a. 70 the dinouy OF
bringing ali the books maps, 20 Of the street. Oom@l
sioners oos Into Court (he counsel for the defence ha
grSeested hat they oil adjourn 70 NE Hall Of Rsc'rds 70
dispose OF thA, pan OF the matter THIS Was NOT agreed
and ~; s.s = o me- o.
nculty Of removing the books Into Court
NJ sickles said thy willing 70 take such order q
The other 10 DO advisedto or Tho Judge assume inc
H. Brady said thas their Wow Of the oss wAs thu. the
whole prescribing. were without ju.i:s lotion ns .dvss
SOL that thcy he desndan take no further part In tne
matter. This Il In accordance with the opinion Of Mr.
O'Coaor.
Nsssrs Brady, Hcklss and Dsvlln LETT the oouri.
NJ. Oolwin was then examined and teshaet thai sns
books, maps, 80 of the Street oomnissioaer's once
were valued hundred thousand dollars that hsre
we're several cart oads Of thom and thai there would b
e difficulty In removing them, and great noonveusno'
would arise to ths public by N DIR bng aken from inc
me Court then proceeded to the Street Commissioner
Office TO nspect the books.
brought sganss the Corporation, Dsvn and the Sheriff
IL ordered, that until the rial and Judgment In th
Of ss CITY o. New And as mo
conn elcrs and sge.is, be- and they are, and sach
nd s.n from amy
10 he action Ia the complaint mentioned which was DOM
meIced BY them ~ PLAINTIFF In the Court Of Comno!
Pleas the city and county Of Ne York agans the said
Daniel Conover and others, defendant, and Il no
pending, or IN any matter or proceeding supple
obedience 70 any orter or process in said action;
to punish dsobeoience Of any sucn order process
and !. further ordered, thai until he trial .a'
Sheriff OF the city and county Of New York, bis deputies
and agents. te end they are and each OF them " hereby
strictly commanded and esoncd absolutely 70 desst ant
refrain from executing acting under virtue OF
writ ~avrant, order or process In suoh aouon matter OF
peoeedins And ~ further ordered that until the tris
n and his agents and person. acting under him. be au'
toey and each OF them hereby strictly commanded
epjoned absolutely dess and refrain from performing
attempting 70 perform any Of the duties or Street Oom
missioner OF the CITY OF New York and from inerfcrin
with the psintin In the performance of duties
Street Commissioner, any property under his charge
until right in the said Devn be established BY tn
prorer asoe In he nature Of quo Uarraw brought To-
that purpose
Alter Inc adjournment OF the Court Judge Peabody
the counsel for Mr. Ocnover went 70 the Street Com
mssioners ONCE, and there opened court mined fes
Witnesses tho books and Then mAde order formal