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

Continued before hu from day 10 day until this iay
the mA,or having been sh1s regularly sdloirred
and N. ss, Devin 20, having usae thai he has
truly delivered SAID Cooovef the sad OF Ks rss,
iec"ros AND docnm@uts ano = sppe1ng :, w. s ~ Jus
hce hal the taid DonoveY IL oe 70 suoo oS OK
Street Commissioner Of the cf' OF Ne~ YORK, and that
the said books. maps pane sn1 aecameas are ~aaa"H,
mn a ., mel is hereby gde,ed that the shad Charis,
Deviin fcrh cever to he said Csnover all the books
nsu rsperv and cocumabs belonging sp stainpg %
che Office OF Coz missioner a. the city OF NeS Yok
whirh have to the HANDS Of the ssi Devn in
fspIt thereof issue tho sheriff OF tn c,,y
ara eovnr New York com nit the .ad Deyi,n e. t,e
Jail Of the saie city aud coapty, there uun he
deliver TO the raid toroTer the sait books maps papers
ard or 70 be other Use discharged according
20 law
ADD the being required BY the said 1onover is
further ordered ua search warrant issue the rsid
Sheriff, ooumanoiI him sea.ch In the day me- The
ao rooms occupied and set at for the Office
o. street tonm"siooer Of the ssd city, wherein the said
books, papers maps and documeDts kept In the said
CITY, Tor The sa'd oookr maps and documen,s enc
20 seze them and bring Them before the r.. Js,tSe
n>ted NEW YoRK, July 10, 1867
Fourthy. That the only clam Of title 10 said office Of
Street Commissioner pretended or alleged by or in oenalf
u raid Copov IN such procee Ing before sad ju ce
the sppo'pteot OF ssd 70 said oce by the Gov
erpor the Sta of Nov York, stated ses forth
The Aforesaid complaint And that II not IN Any GAY
asserted charged by behalf OF sad Connver he
said Justice the proceeding Aforesaid that snv bo,x
paper belonging splertaaing TO sild odice had
com the hands # the raid CHARLES Deviin Of
prison whatever al time dur any vacancy 10 ssd
period dunns which ne said Conover was, rs he IN nj,
eaid copla nj an aida y alleged, 10 fu possession of
the said office and Of The books aud Pacrs aoertainog
10 the came.
finby Tha' in purs uanoe Of such order 20 made by
esld Jostice Peae"dy m the tenth day OF july, d
1857 procee In which 81 ch order -as e
and In other dg.ren, proceeding, and under no
other or different anthoi y pn duty right than
such order the sad sce cid sae eighteenth dag Of
July, d. ls5 Issue the prayer Of the raid Coaover
the wsrrar, hch is set forth 10 10 The Of
haooss corpus aforesaid and that reiihe, by any
paint or allegation WIN In any whatever,
did other matter Of fact vhAev app before said
stce 10 support OF the sad proceeding bad before
him. or in support Of toe sslioR or said agant
the said Charles lie VIM excep, the aid allegations Of
Daniel D. Conover in his Complaint asd ahdAsis afore
said.
Sxhly AT the tine OF issuing ard service the said
warrant hs said Las e Cnnp,er by force and violence
and with the AID III John r. Earring and others,
sezeo and the possess, IN of himself and sid
Harrington al the books AMI papers be- ,nsng or
app%rtsining 10 she said office, and from thence
hitherto ali such bos ana pspers ave been entirely out
OF the posses sbd beyond the poxer contro OF the
ssio Charles esn, and within the possession and coatto
O. the sad Conove AMI the persons so aching IN hts al in
the rrooeeings Aforesaid And the sai ChSries
De vln insists that his mrsoun sn and deien in aore
said unis VI A becan'e upon the matters aforesaid
appears ard appeared to said Justice that the said Daniel
ID cnnover as no, AMI 10 not, toe Street Com ,s'one,
as ALT ged by him, in that OH Of the laid
Joseph rayos. And aso, that thu said charrs osvin
was and IL such successor aud aso that tn title TO such
oce was In dispute between the salt Co,over aui the
said Charles Devin, that said Conover had such
unokputed rRbt ~ the custody OF sucn books and paprs
necessary by the law Of the land 90 ,fy said
proceeding before Justice In thsi behalf aud the
said Charles Devlin lists that the said i'm rsou
ment and detepti upls Sful because made
90 appear said Justice Ia said proceedng that any book
or paper be'orgn or aoperainnt sad Office, had
come TO the hands OF The laid Cbariee Devn OF any
per on wnsever al soy time during any In sid
ONCE OF Street Connie iorer, time before he pe
complaint aud aft alleged In fall 20. seeor Of the
sac once a0e o. The o 0fs and ~ps :. tAn.pg to ne
Sworn to before me, this 22d day Of july 1857. D. p
IsGRARAh First Judge
Mr. Noyes moved for 40 adjournment Of he proceedings
until TO DAY 81 10 occk 10 enable counsel 20 examine the
traverse, and prepa evidence BY sldsvis
THIS Cpl oeed y Mr. oC nor, BID, af,er dis.
CUSHION the Court allowed the q jocrnment
Charge OF Coptempt against Mr.. Conovsr.
CONFLICTING TEsunohy-rBa CAsB sgST A Rk
gxRKs-sRARe WORDS BErvRTN oorssxL-THR
CoUEr PkSsKSrs TnK oLIvs BRANCH.
On the pospot eaen u the habcas corpus yeser
day, In the Common Pleas Court before Judge Iugraham
Mr. Busted open the the order to shov
cAure why Dusie Copover sbould not be tached for
conem Of Court In dlsregardng the Injunction granted
by his honor Judge Ingrsham. Mr. Bus,eed said
would first pressn, the compspt the order for injunction
the order " sbow cause, and the afdavta The adAvs
were - foilows:-
AFFIDAVIT on sAyE Z BRADY
Csty and COUNTY 81 heie Fork lanes I. Brady being
duly sworn s.ys ,hs, on the 18th d Of Jsy rsant ne
served apor Daniel Uonoyer Of deendAn,s abese
named copce Of the folio rng pa rs VIZ the complaint
In This action the aioasit Richard Buste-d, Esq veri.
W
uon orderc, therein, made al special FERN before Hoo
Daniel Ingraha, tbt 18th Of July tnslsn! That
peri sad Conoyvr personally and that The coy order
for Injunction Aforesaid gl o1ly certified such copy by
the clerk OF this urt DcpoOeni iu;ner saith, thai
delivered sAd papers 70 Copcver nj the when tbs
Hon Charles feabooy handed 10 Nr Henry Bsrholf he
search warrant usi sgned by said Peabody In the pro
oeeoins by Cobover Against Charles A. Devhn ebain
yosscson of the bsoks and paper. Of the street Cons
soners tce Thai said had YET passed OF
che hands Of sae Brthol no. been deli cred elder ~ a
INeNdg Barr ha1 AZ
the papers Mr. Copover seated beside bis ciuasel
The t.bie adjoining the judges nh Dsoonest further
rAh, Thai he has read tie al ay % NJ c. Aes To ner
this day made IN thu acton and bat ell the proceedings
I'm he Of The street IN reference
therein unoer ssd warrant TIE ish day Of joy nsianl
mus, have beer ator deooeni 90 served sai tapes on
sworn TO this the 2osh day Of jay IssJ before no.
jam sAsDfosD, commissioner Of Deeds
oAsott's ss,,nAvr
Thomas Carroll, of sad city, beng duly sworn, save
copy OF the injunction order hereit coDy OF which II
hereto snnexes, NAKED a." 10 iohn x Fas-iuR-
thai ssid Ger loe va male on SAD warrington Ia
abe prvs1e offs o. the stree, 60 ssioner, IN the
hall q hsooro', 10 tbs city, seep he gas ssod'
Peabody, for the BOOKS 6c In the Office Of said Street
Commisoner, ADD be'ore the said Fsnipgoo nsi taken
any boobs paper, ns.ps W docg vents vns'evsr from
s.d onbce; thai the Of such depopeu'
forms said harrington tbai be derirous N msis
oopy Of toe aid irjunouou and sei said Fsr-asoa y
he vuuld pr,i 90 omen, ~ Their nake .uch coo, as.
consider such service god N ~bcn sad FarriugtJa
sweres ceriaiay hat tner-upoo deponen seated hin
eef In The usualv occupied b. tho Street C,nms
foper, tor the ~ making soch when ner
Breve', Fec % ne I,nen, aud sssed 10 lnog
Al ssid injunction ,roer: that depone1t baade1 sail
Brewer tsd order, sho thereuoop TUNED n said Ear
-inrtou, and directing said fsr-ngion's st,enu 70
eaid injcBcfi q, Fad, "yoa oct Included ia
this pjaDc 10. dor~ pa restrain you II only
rcssrssrs sheris" Ug,u wnict Farriagtoa TOOK
the paper his hands ard .fser exsmriBg IT, sad eyes,
thai 1. sill 20 o. s5d ardef she ~srrsns-tas
shersupon be handed back aeponeng t7e s.fi
order Tbsi Tits Dc o,-ns then ,eos 'es toe .a
Fsrringrcr the saic certide5, wh n SAD Far
then the trst re refused y, acc.p, ana de-
poosp further says that be thea handed he said ia
% the clerks ~ Mr. evbc haze oopen, ant
from aid o. 70 me IA Court-thsi up N MS
time the said Trrnssop had not taken from saa sv e.
Commy aoDer's tcc, taken f,ssrs,u OF, aut boks,
racer, or other soca nenu rrst deponent nms
osisiy sftev go "a Into the sapre Court
Mr. JO,t &c Pesbody bes holding court ana remun
ire there or about three mi ute sgsio wen; over ~ ne
Hre,t Oomuissoperp Ofoe-tbs his gay Z, ssd vtce
ne met M George fecs hsuo said N be clers of Or
CroNess, with foil Of book a~aid TO have been
tsker from the sire % Office snd sl-o the aid