New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-06-18
ore therein stated information and belief and az "
those matters he believes it to be true. q. DEAN.
Sworn before me This 18th June 1871,

terms l. That the affidavit Is not insufficient.
9 That the acts whether done in any capacity, are
subjects Of arrest in law. 3. That the privilege Of
Mayor does not in law avail the defendant in the war
rant annexed. az in the acts for which it issued.
Judge Dean then asked to have the further hearing
On the question postponed tillto-morow morning. He
said hi. Engagements before the Surrogate were such
rs would render embarrassing for him to argue the
case before, and it was Of too grave mpor-
tAuce 20 be dismissed 10 a hurry.
Mr.. Hall said be deemed his duty to insist that
delay be had in this matter lie might consent to an
adjournment for half an hour, an hour but the cir
cumstances about this demand immediate action
The magistrate of this city claims that he is not
able u arrest for felony, and this precisely
the case in which summary action should be had.
Judge Dean rose in reply, and wished the reporters
70 observe what he said, that it was unjust 70 Fer
nando Wood to say that this warrant was issued
against him for felony. 1t a nisdemeanor.
Had il been for felony Mayor Wood would have
been the first to obey it. The process was served
by discarded, disgraced policeman. The Mayor
said: "Send an officer whom recognize, and will
obey
Mr.. Hall responded in a few explanatory remark,
when Judge Russell decided TO hear the argument on
the habeas corpus at O'Clock in the afternoon, at
special term and directed the General Sessions to be
The District-Attomey, at the suggestion of the
Court consented to waive the personal presence of
Mayor Wood upon the argument the habeas cor
pus, and below give Judge Russels order adjourn
ing the hearing on the return TO No at the City Hall.
BEFORE CITY JUDGE.
The People sgt. Fernando Wood.
a babeas corpus having been allowed by me on tho
10th day Of June, 1857, returnabe before me forth
with and having been represented 10 that great
public excitement exists OF the
Of the said Fernando Wood he being the Mayor of the
City and County Of NewYOrk-the said habeas corpus
requiring the said Sheriff - produce the body of the
said Fernando Wood at the office of the City Judge,
No. 81 Chambers street. in said city, said Sheriff hav-
ing made return TO said suit that he hath the said Fer
DandO Wood in custody ready to be produced; and in
view Of the great public excitement, deemng in
expedent for the said Sheriff to produce the said Fer
nando Wood as directed in said writ. hereby adj
1ourn the hearing upon such return 10 said writ to room
No 6 in the City Hall of the said city forthwith; in
pursuance of the direction of said writ require said
Sheriff TO produce before me the said Fernando Wood
Net,- York June H. 1857.
At2 O'Clock Judge Russell again took his seat, Mr..
Dean appearing in behalf of Fernando Wood and A.
Oakley Hall, William Curtis Noyes and David Dudley
Field in behalf of the State. The Mayor was not
present his PRESENCE being waived by the District
Attorney at the request Of Judge Russell
DR. Dean addressedthe Court in an argument OF some
length in substance follows:
York is now before you in petition for his discharge
from arrest on a criminal warrant The charge against
him was substantially that he the 18th and 10th of the
present month had melted to riot and had assaulted
one Daniel ID. ConOver. The answer to that charge
was and is: first that the affidavit in which the war
rant issued utterly insufficient for the issue OF
any criminal process; and second, that whatever he
did in the premises he did Chief Magistrate of this
city. During the two days, the Mayor did not leave
the apartments used by him in the City Hall until
after the attempt made to arrest him, and whatever
he did do he did in his official capacity Mayor in is
suing his ORDERS aud he did not have the pleasure of
seeing Mr.. COnOver Not presuming that Mr.. Conover
intended to commit perjury, that it had been employed
as one Of the instruments by which to degrade the
chief of this city, put in of our answers to
the return of the Sheriff that the affidavit on whchthe
warrant had been issued by his personal and his poti
cal opponents--by the men who are willing for the
purpose of sabbing him to destroy law and order and
10 cause bloodshed in the streets that the affidavit
was insufficient. Mr.. Conover claims that the King
land il is almost century since our fathers said they
had no king-that the King of this Stae-the instru-
ment of deprving the citizens of their rghts-the
rights of self-gOvemment-that he has appointed him
TO responsible Office where, without consulting those
whose interests are at stake-that he has been APP
pointed to responsible ofice-aRd lest with reference
10 this Jewel Of judicial proceeding that could only
exist in the mud he corner of Chambers and Center
streets lthe Office of Recorder Smith there should be
some mistake will have to read it to your Honor.
State Of Ncx-York, Cfy and Comfy Of NcW-
Ysyk-Dauiel ID. ConOver, of said city being sworn,
saith that he is the Street Commissioner OF the City OF
New-YOrk-
There he swears to a matter of law because we
saw he is not and il he or your Honor will go to the
Hall of Records you will find that Mr.. Deyn Is not
only Street Commissioner under appointment of the
Mayor confirmed by the Common Council but that he
i. de facto Street Commissioner in possession of the
books and nuniments of title. But Mr.. COnOver is
not TO blame for that for he has sworn to what his
lawyers told him..
having been duly appointed such by the Governor
of this State upon the decease OF Joseph D laylOr
the late Street Commissioner; that MS apartments
consist of four rooms in the Hall of Records in said
CITY and that James &. Wille is the Sheriff OF SAID
city and county and that on the 10Th day OF June,
1857 while depOnent was peaceaby SEATED III ms sald
apartments the said Wille entered the same that al
that time several men were stationed IN oht OF one ol
the rooms before mentioned, connecting with the room
in which dcponent sitting, and on deponents az
tempting 10 enter said Toom they refused To permit
him to DO So alleging that they had been deputzed to
directed hv him to prevent deponent from entering
said room; that the said Nillet informed depOnent
that they had been so deputized and that they had
received from him such orders; that SAID Nilet IN
depouents presence, directed SAID men 10 prevent ue
pOnents entrance into said room; and that he suisse
Quenty sent other deputies to remain in Opponents
Office, as depOnent believes, to embarass ana annoy
him in the prosecution of his duties as Street COih-
missioner.
the same day the deputies so placed in deponens
office by the said Wet ordered deponent to leave MS
said Office, and that thereupon one John W. Bennett,