The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-19
Pasohn vs. Mayor Of Brooklyn, To- wend 57l-direH ga
OF The VIII And Tho service accord

Pasohln Mayor Of RoOkys, 10. weud S71-direa a
cs sedeae Oh mo WIZ And The service supeseded accord
ssy
Judge Peabody Issues warrants for DevlRn's
Arrcst-Ths Books OF the once Brought into
Court-Judse ingraham's Injunction slight
sd-Mr. Brady Leaves the Case.
SUPREME coURT- SPECIAL THEM.
Before Hen Judge Peabody.
Al soon ~ Me decision OF Judge Davies had Se0
dsssd Mr. Fei counsel for ConoVer, has!ered 70 moo
for he issue OF the order search and the Tor
The arxs Of Deylln ON the part Of Judge Peabody
Mr.. Fold sad-h the matter Of Oonever ags.nat Devln
No order made this morning BY Judge Davies dis
charging he wri. Of cerorarl, and issuing writ Of
persedeas hold the order my hand, your Eonor, and
villa give 10 you. now oak you to sign tho warrant 10
,ognm Mr.. Charles Dovlin 70 all, and tho warrant TO
search he Office Of the Street Commissioner for he books
documents and maps belonging thereto, and bring them
into Cour.
The Court asked Mr. Brady II he had any objection
Mr. Bredy On, We have no discretion
The Judge then signed the Warant fof Devrns ayregs,
which ives Immediately despatched 70 Inc Sheriff TO DO
ecutsd NJ Field SAID thA tho sHaute Authorized the
variants TO issue 70 any constable well the sberi
ne wshed tho search waran. issued In that FORM from
what been done by The Sheriff In the early part Of h
transaction and in tho Wood rebellion, he unwilling
that this warrant should 60 into his hands He did not
mean 70 say that there was oouson bctwcen The Mayor
and Sheriff, but Il looked like Is.
Mr.. Brady said that delicate matter 70 take hese
books out OF the office. There many things there
which did mot belong TO The Street Oommssoner ard he
thought would be absurd 10 zee stupid constAb,e sitting
In solemn judgment on the properly Oonsaoles were 80
neraly neither very honest brilliant, and everyone
Of them when he collected by eIecu oo Az 70
asonsicn, any one WAS In oousion with The sheriff
Mr. Curtis Nsyes thought that NO consideration should
DO given 70 Mr. Devn, who had proved himself oonu
mscious, nos rebehous Criminals did NOT usually
said was keeping with what had been agtas ng
the city for The last four month"; was vioison OF the
The nseves wiser Than The law. say boldly, continued
Mr. Noyes that the conduct Of the Sheriff hes given
for the graves, suspicious OF his completely He has now
the pat OF his equity, anf he might put tbs warran into
his bands for execution. IL time that the Law should be
eniorced and We have rsh your honor 70 ask you 70
me Cour, stated that me statute AenAsive-tbe
words were the warrants shall be ssued CON nAnains
Tho warrant then signed and handed 10 constable
Mr.. Brady sAd-Now that these warrants arc issued,
lowed By Judge InsrahAm Of the Common Pleas Court
rcsYsnns Mr Conover and the Sheriff. any constAble-
q took care TO include hm)-rom executing those war
FAns, and wish 70 know whether the Il 70 be ad
icurned
M Fied-I have nothing 10 say TO The announcement.
that this Injunction has been allowed nor OF the respect
shown 10 Judge OF the Supreme Court by telling him
thai Judge of the Common Pleas has Issued Injunction
on bis proceedings but hope that when appears here
your honor NJ srsmple undor your feet The law does
not allow IT, and has no force here hope he Court
viii adjourn for an bour, until the books and papers ar
rive; for o. this Injunction VIII have eject
ai aL
Mr Brady said It was regular process Of Law, issued
Conover had Il in bis hand then, for Mr.. Brady had
served him himself, another copy was In Nj Devhns or
fee to BE- exhibited . any one who attempted 70 execute
characterize the remarks OF both Of the oppoein
counsel in reference 70 me a. gatuiious ana i'm.
ssoeeoue An, Thing shas has been said before in THIS
There will DO resistance 70 any proves Of law
Zee How The gentlemen themselves, viii al their csnor
will obey tao Law remains 70 be seen.
Mr.. Field, warmly-rhe proceedings In This case have
been nierfcred with by every legal and not legal
fnt BY injunction which was promptly backed ous OF;
then cerorsr, cure 70 stay proceedings and recalled
o2posiron throughout and all from tto Tho
language used say, pertinent 10 tho conduct Of the
counsel and he case repeat, this Injunction has no more
eject here than blank paper, and hope he Cours viii
uampe q under Ia feet.
Mr. Rsdy-h Is no. issued to bis honor
The COURT know nothing Abortn-l have no. seenfi,
nor am Informed Oh T. viii remain In tho court room
an too o'cocs, TO &c, returns Of tho warranta
Mr. ne d-Here are .be eochs nov, your honor
the room, Aden with Ole Of muiy foos, which he dump
cd . chair beside NS Field, with . triumphant crash.
Mr. Copover, nimaton from his council, then left
for tho puyp-e CT taking ssesIon Of the chair
nine sree, Commissoners Once, Just made vacant by
Mr. hsllse arrest
On the books being brought into court Mr. Brady said
violation Of tho injunction, for that reason,
bot xih all respect for the Court be declared his deer
mnaton 70 leave the he would leave Il entirely 10
The disposition Of the counsel and the Court, and would,
eeca ne Of the Illegally Of The take DO furner
no cours informed Mr. Brady That had no IsEai know.
ledge Of the pubcon issued by the oourt Of Common
Pk vhaever; that said injunction bal not bcsn brought
before ~ and had no right 70 take pou,e Of SAID Dhno
Mr. Brsiy considered there had been great violation
Mr. held said that the books hal been brougns there
BY the constable, and te (Nr. Noli) had 40 kno Wedge
Of the existence 81 paper claiming 10 be an
constable. He Immediately sdsised the constable, q
matter Of oourisy not OF law right TO submit 10 the
injunction, and take further action the execution Of
the Warrant IN said Injunction WAS dlspred or Ho had
been throughout tho whole czse anxious that n,thng
should be done on their part that wn In yol.uos OF any
decree OF any court he wished 10 observe The reAest
courtesy towards all NE processes Of the courts.
NJ rcd concluded BY surrestins that the beck, winch
charge rI further seton vas taken u the matter.
Tho Court thourht the bocts sin In he custody OF
ths onioer Who sroush, them there.
Mr. nec read from The statute ~ show that che books
were In the custody OF The Court
me Court agreed 70 keep custody Of bc book, in
neri meeting, and suggested mat that nesting hsd bet
The oounsc .srccd 70 he srsrc,ucu and drew up the
Iososina order N resa'a ne custody Of NE eooss
IN q, water u ~ syyiiossn q Dsnsel u. o-sc-- 10
c1upei Caaris Dsuiin % dsiur AIN Ne boris and papvs
II ne SrsR COsmiaioras ests The oOps,sblc, John X
frinftn 10 whom hc warrants 20 searuh for The books
and yspors IN this matter has been delivered for
ton, having brought uie Court before the said Justice
portion OF The said books and having stAici that tending
the erecuton of the raf warrant acr purpnruz be
injunction had beer served Upon him. restraining
from executing the ame and hat he bad ihercupon de
sisted from the further execution thereof and Old take
any Of the said books papcrs and motion ~
Nc,srs Field and Noys, Tor IN sad cooovcr 70 ordered
that The said books, brought nio Court before
main In the custody OF Henry BcrfLon, Of The ooers
81 this Court and OF The state and county Of Nev York.
until Trosdsy ncv ri II O'Clock NJ u thai day, 10 abide
my further order, ard thai all prcccodnrs before In
this matter be- and The hereby sdioursci until
hatday.
INV YorS, July ~, 1851. { A. PEABODY
The Court then al ourn,i I'll Tuesday a. lam
The injunction Granted by Judge Ingrs,h-ns
-xhe Petition and the Order