New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-20

v rm 10 J .c. w shIa Of the city and CGua,y :.
be e1sonco and the Sheriff threatens to execute the
same rb, IN. seizure and rcmovi OF .aid bsos' msps,
Llo nmrns end papers under said warrant vouA BE-
Of the business Of the Aforesaid de-
very and wouli render possible full dschsgc by said
pain ~ The dute occ Of Street COMMISSIONS aad
Iysy impede only tho ps'maHce by aid CopeIa
tep ., sn OF accos. to books other property
necessary the protection OF public Interest," rna' s,sa
noperty TO said Conovcr, put 1t in his power to involve
he plaintiff. in liabilities dncutss snd aAi'en' ~ Ira.on
proceedings under the pretended claim OF being street
TS Tha, the aforesaid book. maps records document,
I'D peculiar value srchvss OF public once
and that required to enable the Panins To
enerc'e their corporate functions and to p9rm tns o%,po
proceeding brought by hese plaintiff for sIJ taking Of sGa
adequate compensation for the injury occa'oned by uch
takrg - 49,
d ,b claim Of aid tonovtr 10 the oce Of Street Comms
of tho City Of New York, but always have ePudsted
Wherefore the plaintiff. pray the Judgment Of this Court de-
carng said warrants and each Of them 70 be and
and all persons acting for under them by the order OF
Court bo pePeualy restrained from taking any step what
from removing causing to BE- removed said books maps
records documents and other properly aud paper. or any
such order is made and from interfering with the same
ma, Be- in lie manner enjoined from delivering said
property, any one claiming under or tor mn ana tna
step. whatever TO of said property Of
part but without prejudice to the ght OF sao Conoser
posed Of obtain Judgment thercuPon OF to prosecute
quo obtain possession OF tho aforesaid once Of
COMMISSIONER and allowing TO said psintif such fur
Their relief or other relief BOTH in the premises
snd that in the mean time and until the further 0Id s
manner restrained by Pyelinpary or poy.Sna injunction
Charles OConor DAME! l. Sckles Richard Bu'teed, OF
couu sol n.,,p, IT,.
duly sworn deposos and that the foregoing complaint is
true hi. knowledge and belief and to tho's siter he
of the Sy Of York and Of agents. and the segs
on, the compliant are within M E19 BsTEEp
THOS BOE5E Com. Of Deeds.
Based on the above complaint, Judge Ingraham is
sued the following order
On reading the complaint in the above entitled ac-
ton and on hearing Mr.. Busteed as counsel for the
plaintiffs il is ordered that the defendants herein DO
restrained until the hearing and determination OF tue
order to show hereinafter contained as follows
that il to say that the said defendants, Daniel d.
Copoyer and James c. Wett, their agents, attorneys,
deputies constaes and persons acting for or under
them either of them from removing or causing to be
removed the books, maps, records, documents, and
other property and papers in the complaint men,
toned any either of them from the place or places
where they either of them may be, and from inerer
ing with the same in any manner or way whatever and
the said Chas Devn from delivering said property or
any part thereof to the said Conover, or any other
claiming under or for him. And let the defendants
show cause before tnlS OOuIt SpttIdi iclm
Of TO be held at the City Hall Of the City of New
York, on the 9th day Of July 1851, IN the fore
noon. why an order should not be made enjonins
the defendants above mentioned, until the hnal
Judgment in this action, or why some other or further
order for the benefit of the plaintiffs should not be
DIP INGRAHAM, First Judge ofN Y. Com Pleas.
THE SIGNING OF THE WARRANTS.
About o'clock the order and supersedeas, signed
by Judge Davies, were served upon Judge Peabody
Al u o'clock Judge Peabody took his seat in the Cir
cult Court ROOM OF the counsel, Alessrs. Field and
Noyes, in behalf of MIR. Conover, Messrs Brady and
Sickles representing the City and Mr. Devlin, were
present Mr.. ConOver was also 10 attendance. There
was large attendance of citizens who felt an inter
est in the prospective action of Judge Peabody.
After the Court was opened,
Mr. Field stated that i'll the matter then pending be-
fore Judge Peabody he presumed that his Honor was
aware that this morning Mr.. Justice Davies sitting ia
Special Term, had vacated the order allowing the
ctrioyari and had directed in open court that the writ
be discharged and superseded.
Judge Peabody said he had the papers with bin.
MIR. Fied-Then, if the Court please. ask for your
signature to this warrant, that Mr.. Deviin may be
committed to Jail. 1t is copy OF the one previously
submitted except that the cate Is altered.
Judge Peabody took the warrant ana read it, after
which at his request Mr.. Field resd the section OF the
statute authorizing the i.sue OF the warrants
Judge Peabod!-Nr. Brady, is there any further OBJ
lection to this
Mir. Brady-We would object to the whole proceed
inc of course il il would do any good put suppose
we have low no discretion in the matter Laughter
Judge Peabody then signed the warrant OF arrest.
and passed it to Mr. Field. Mr.. Field gave 1t to Mr.
Brewer with directions TO hand 1t 10 the Sheriff 10
execution.
MIR. Brady remarked that Mr.. Vultee. the Sheriff )
deputy was present.
given to the Sheriff himself if possible. Mr.. Brewer
sent the warrant to the sheriff Office by his clerk.
Mr.. Field then asked Judge Peabody to sign the
warrant Of search. He sad it had not oeen altered
Shn h..y;G
stable instead Of the Sheriff it read in the first ia
stance. The statute explicit on this point it re-
citing that the Court should issue it, warrant, directed
"t to any sheriff or constable, commanding them, &c
He had an object III max ing this modification He would
Dot say that any cousion to which the Sher
i'll was party but he would say that circumstances
were so exceedingly remarkable that unless he was
compelled he would not have the warrant directed
warrant put into the hands of officer who had not
bad any connection with the matter. He did not
mt any censure upon the Sheriff, out he certainly
did interfere in q way which was supposed by Dir.
Conover materially to beI ett one and Dure the other
Mr. Brady said be supposed he was entitled TO be
heard upon this point He did not believe that there
was one man in this Court who could tell what books
and papers belonged to the Street Commissioner 5
office The warrant which the Court had just signed
any constable might execute. Ii was simple war
rant Of arrest But in the presentation at warrant
for searching for the books and papers they seemed to
prefer to put the warrant in its alternative FORM direct
ing it to the Sheriff $ or any. constable; 10 so I'M
portant matter as this he thought it houd be exc
cuted by some officer higher than constable unless
constables were changed in their character moro
than at present appeared, they being most desart
less and fit" men.
Mr. No,es-It is an unusual thing may it please
your Honor, for Indulgence TO be granted to who
has been contumacious, if not absolutely rebelous,
TO be heard in reference to the process that to be
issued to enforce the law which be has condemned.
Criminals are not usually allowed t. select their
cutoner, although it would be pleasant duty on their
part to have that indulgence; still, do not know that
gulotine would be any easier in its operation il it