New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-25

before Judge Peabody and walked out Of the room.
just before that be thinks he saw Judge Peabody
| writing and be left the with the npressios
that Judge Peabody had just signed the warrant.
he hsd heard il applied for, and heard the argumesf
upon the application whether it should be given 10
Sheriff or Constable; when he lett, be beckoned to
1 Mr. Vul,ee who followed him and Steam, he has
no recollection Of seeing either Mr.. Brewer Mr.. FH-
rbgton, or young M. Field, as be left the roon-
| though they may have been there; he had seer
Brewer and young Mr.. Field previously; he has -
recollection Of sseirg harrington un'il he came il
with The books; rs he was passing out he heard Mr..
Brady making some remarks about an iojunchou, 81
he supp ses to the Court he knew Of the injunction
usds SsSSf 'f be .pe iSs" TO Mr. T.
| Field and, he thinks, to Mr.. Noyes about IL.
end TO Mr. Brady. but not to the others that hs 10
| aware Of when he spoke TO Mr. Field about the in
junction re strsinirg the Sheriff executing the war
rants Mr. Field said il the Sheriff did not execute
| them they would see whether the Count could net
deal with hun for contempt, OF words to that eject:
witness told Mr. Field that be could try that on -
coon he chose but that the Sheriff should obey Tie
| Injunction.
Harry Bertholf, officer Of the Supreme Court tssti.
search, be (Mr. b. picked il up. handed to Mr.. d.
D. Field, who gave IT to his son Dudley Field. ssd
who passed it over his fathers back to Mr. Brewer;
Brady handed paper to Nj Conoyer, and young Mr..
Field Br. Brewer and the Constable, len the -
| eetber; he heard Mr.. Bracy make an announcement
about the Injunction, at which time young Mr.. Field
etdDulDg
Br, wer on the right and the Constable, Mr. Fsnag-
ton was leaning inst the railing the midoo
| Of the rcOm outside the railing; Mr.. vultee We
standing at the right Of the Judges bench near ths
Clerks seat.
Albert j. Tehune testified that Mr. Brady handed
| psper to MIR. Conover at the same moment Judge
Pesb dy signed the blank warrant, and he heard Mr..
Brady announce that he had served the Injunction;
He did not notice Brewer Harrington at that tins,
and did not them go out Of Court witness ca Mr.
Berholf hand the paper to somebody; did not know
10 whom.
Mr.. Conover almost at the same moment that Judge
Peabody signed the warrant; Mr.. Conoyer looked q
the Endorsement of the paper and handed 1t to MI.
Noyes, who opened it; Immediately after the service
Of the paper on Mr.. ConOver witness heard Mr.. Brady
make the that he had served IN inune-
tion; when the announcement was made witness saw
Mr. Field jump up, which drew witnesses attention -
him. So that he thinks he did not either Mr. Brewcre
MI harrington or Dir. Yultee; he thinks be did act
nstce either Ct them until he saw them in the Ssress
Commissioners Office.
William Delamater saw Judge Peabody sign the
warrant Of search, and immediately after saw Ar.
Brady hand paper to Mr. ConOyer; he did not -
that time zee Mr.. Brewer and he does not know Far-
rington nor Vuee; he did not see Mr.. Brewer leave
the Court room.
James Sanford On ex.policeman, thinks the search
warrant was in the hands Of Mr.. Berthof when Mr..
Brady handed Mr. Conover the paper. Witness
stated on examnation, that he was subpenaeo
before the referee by Mr. Devlin; he did not soc Mr.
Brewer take the paper from Mr.. Bertholf.
b. McFaran heard Mr. Brady announce The service
Of the Injunction.
and did not confine himself 10 one particular place.
The inquiry was then adjourned to Monday aX
o'clock p m.
ALLEGED INSANITY-A PITIFUL CASK.
INTERESTING PROCEEDINGS BEFORE RECORDR
SMITH.
On Tuesday last upon the application OF John b.
Graham. Recorder Smith granted writ Of hsbeas
corpus, leturnable yesterday, commanding persons
having in charge one Maria +. b. Hopkins, an alleged
unatic to bring her before him, and to show Gauss
why she should not be discharged. Mrs. Hopkins hes
been confined in the Lunatic Asylum, upon commit
mept obj aimed by her husband Of Police Justices Elan
dreau and Mech.
The following is the petition for the writ;
The pS. Of sS na Of thu % ies d
Hopkins the wife Of samuel HSp1in. now Of The 40
hns ss nsy /. ss I ety.
name. not being your petitioner except tho.. Of u:
Maria committed detained By virtue Of any P.oos.s
dsmet decree execution 'peiud IL section article
State Vi NewYcrk the ptsens Of ueh con6ns
msp restraint 'sns to s bet s oi ss %.Ts
ssr sueh insanity is so far dordered in hse
f oi ns
nsrid copy Of tho warrant, order 90 process. y ,1s
to have taken place. imprisonment the s.l
Maria is Illegal your petitioner insists and submits fo the
Fist! That physicians pretending to speak % tbs
pisnity OF the sad Maria nothing about the condition u
her mind that time for two months before ssyoups-
titionsr has been informed and believes
Second That the said not examined BY tie
Getting Justices nor was any attempt made to find out "ss
Thd That far your petitioner can sscetsn or Is in
for, and believes. the said h.iGiaas At different tunes :s
ofthe said Maria both Of the said Justices not being present Z
the time either Of them did 80 and neither Of the said Ray
sns %s R insanity Of s 81 aid Marin. nor
Fourth Thet the said Justices ordered approved Of tb8
said the said Marin without hearing the evidences
physicians under OATH required BY the statute -
the ale ged fact Of insanity.
duc,d to writing filed port oil the other pro,
facts proceedings in the the office Of the Cerk 81
snd that the said cri did not file the papers Is:
as required BY statute and that no certificate Of the
specified the statute made or furnished s required y
the sta ute the said Maria admitted int the said A
lumo the streDgth Of such certificate.
SgM That the said Justices not satisfied upon
nsion that would be dangerous to permit the said Aaa
That your petitioner Inquired the Police Office which
the aid justice. W. re at the time aforesaid for an pecos e
the papers and proceeding. Leading the commitment Of 10
said Msra uLatc and among others Of one Of the esks
OF Court in the City NewYor and that he gain no d.
formation and proceeding nor any entry thereof e BE- found
acts charges herein made TO the isAx
st.s Of the commitment Of the said Maria based upon s
%ous ss Il for writ Of SsSs
lie directed the oc'r or person. having In csrse o oosts
u the sid sr. T. HopIn. before your Hoo tin. :
i So Ih the . aid M.s T. B. Hopiin. ~
And your petitioner Will ever pray aMys L. BERRIKx.
The following is the commitment referred TO II To
above petition:
COMMITMENT.
SECOND DISTRICT POLICE CovaT.
STATE Of N0 York City and CSu"f,y q NeS. Ys,k "LEs
Policemen Governor: Of the AIM. hS9ss thSy 49,
two special Justices for preserving tho