New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-06-26
PROCEEDINGS ON THE MANDlGUS
MIR. WOOD SWORN.
THE CONTEMPT OF COURT
MIR. WOOD PURGED.
HABEAS CORPUS-A FARCE IN ONE ACT
MR.. WOOD DISCHARGED.
PRO-. EpNes BEFORE THE SUPREME


FLAGG, sHERIFFI WLLETT AND OTHERS.
AT eleven o'clock yesterday the proceedings were
resumed in the matter Of the application of Daniel
u. Conover, to compel Charles Devin to show caa-e
why be shall not deliver to Conover the books,
documents, &C., pertaining TO the Street Commits
sj1ners Officer Judge Peabody, presiding. There
was a large attendance Of spectatOrs-the ctuse
being the announcement that Fernando Wood was
on the stand a. witness when the Court nd-
iourned, ard would be further examined.
few minutes after eleven NJ Wood appeared IN
Court with his counsel, Mr.. Dean, and resumed his
seat in the witness chair. The following additional
testimony elected:
FURTHER TESTIMONY OF FERSAsDo WOOD.
Q. Was Nr. Corover elected from the Street
Commissioners office by your orderi A. No, Sir.
Objected TO by Mr.. Brady.
q. Did C8pt Bennett act under your orders
Mr. Brady objected 10 the question:.
M Field said this affidavit raised tTo questions o!
fact: ist That all the force employed any oCca-
zion TO eject Mr.. Ccnover wac used and directed by
the Sheriff and his posse 3D. That the Sheriff and his
and still held them He proposed to show that this
was not true but that the Mayor put Capt. Bennett
there with the police to put Mr.. Conover out.
The Judge suggested that go far rs the evidence
went TO show that Mr. CoBover was put out not by
the Sheriff, bu; by some one else, it was proper.
Mr.. Brady thought that il was not proper TO pursue
course of investigation by which the statements OF
the Mayer, elected here, could be used against him in
the civil suits which had been commenced against
him. What he Mr. Brady had endeavored ~ keep
up was the distinction between the franchise and the
Office Of the Street Commissioner The proposition
could not be denied that Mr.. COnover had the fran
chise he could not be deprived Of II. But what this
applicant was endeavoriDg 10 show was that he was
in that office and was turned out. The Court could
under certain circumstances, have those books given
to Nr. COnover; but Mr.. Conover could not go INTO
halo he sIt
the CITY. What he Mr.. h. cOntended, was that who
did turn out Mr.. Conover, whether the Mayor or
any body else was of no importance whatever.
Mr.. Field said that these questions had been raised
By the affidavit lat introduced by the respondent,
which stated that Mr. Conover was put out by the
Sheriff.
Mr. Brady said that the second affidavit of Mr.
DeVlin was based the affidavit of Mr. COnOver, and
was reply to it. But the fact of whether the Mayor
gave orders not was mmaerial, though he had no
doubt that proving afirmativey the fact that the
Mayor induced Mr.. Devin into office and Mr. Con-
over out would be advantageous to them.
The Court suggested that if il would not do any
harm to Mr.. Devlins case why should it not be adj
miited
Mr. Brady said that he objected to the fact as imna.
teIial 10 the case.
The Court decided to admit the testimony so far as
il related to the fact Of Mr. ConOvers election from
the Office.
Q. Was Capt. Bennett acting under your orders
Mr.. Busteed objected. He said if the object was to
prove that it was not done by the Sheriff. it could not
be SO well proven as by the Sheriff himself.
The Court suggested that il was competent to prove
il by any other person who knew the fact.
Sheriff Willett here entered the Court.
The Court suggested that il the Mayor desired to
be excused from answering on personal grounds he
should be.
Mr. Field-If the Mayor will say to me that he de-
70 be excused because he is afraid that it will
subject him TO civil or criminal prosecution, will
put the question. If he does not. it rests entirely
with me.
The Court admitted the interogatory so far as re-
lated to proving the election of Mr.. Conoyer.
@. Was Capt. Bennett acting under your orders
A. So far as Capt. bennett acted in protecting Mr..
Turner in the discharge of his duty Deputy Street
Commissioner and preserving the peace of that office,
so that the public business could be transacted is
cerned he did act under my direction.
&. Did he when he elected Mr.. Conover ! a. No, Sir,
because never considered Mr.. Conoyer in the office
to be elected.
O. Then you gave him no orders to turn Mr.. Como
yer out ofthe rooms A. lsay that never considered
him in the way and, so far as / know, he never at
tempted to exercise the duties Of Street Commissioner
Q. And you had objection to his remaining in the
rooms of course7 A. No, Sir, go far as he behaved
himself.
Q. And so far az you know he did behave himself,
A. have heard say and have read in the newspapers
that he came there with some DULLES and attempted to
take possession.
O. Were any of your policemen acting under and as
deputies Of the Sheriff IObjected to- and ruled out.
O. When did you first know of the executions
against the city which was held by the Sheriff A.
think of the deputies cime into my office after the
Street Commissioners office was IN possession Ot the
Sheriff under the execution.
O. When A. think it was on Monday speak
now merely from recollection.
Q. What time of the day A. don't know:
q. Had you previously had an interview with the
Sheriff about the matter A. About the eXacton =
No, Sir, never heard of the existence oft
q. Did you not have an interview with the Sheriff
about sending force there to keep Mr.. Conover out
a. No, Sir; My recollection is that suggested to the
Sheriff that he deputize persons TO stay there, as
there was controversy about the Legality oil the per-
called policemen.
between you and the Sheriff for the purpose OF keeping
Mr.. Conover ont A. No. Sir that intimation is en-
urely unnecessary
Nj Field make no intmation whatever
The Niness-l will state further that the question
involves impertnence ia part OF the counsel who
makes il.
Q. Had YOU not an interview with the Sheriff with
reference to the arrangement by which Mr.: Conover
should not be allowed 10 come INTO once "A. No,
Sir.
@ Never A. Never.
= Do you know Of any such arrangement having
been made by anybody \. No Sir; nor do sup
pnse there was any.
O. Then the executions issued in the ordinary
conrse Of business in such matters a. cannot say
L. Sheriff.
q. Bet, so far as you know A. Sc far as know |
q. Then you did not know that they we're to be Is
,ued A. did not know that there We Judgment |
Of the kind in cxiS.eLce.
z. For what purpose wss large bocy OF police |
men assembled IL the vicinity Of the Hal % Records
IN Monday, Tuesday and Wednesday the 10TH, l6th |
md 18th init A. To keep bulies and ro|cies from
disturbing the business of the Office and protect the
Deputy Siiee; Commissioner and the Street Com
missioner, Mr. Deyn, after lie appointed, n the
l-charge Of their dutoa.
z. Had you any intmGfon that any persons were
onng there TO make any disturbance \. That vas
be general runner.
Q. From whom did You hear that rumor A. |
mot iecoleoi the individuals. but that was the in
)imatiuI communicated.
q. HAo communicated it I. have no recollec-