New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-21
law INTELLIGENCE
THE STREET COMMISSIONERSHIP.
MR.. coNovER IN uND1sruRBED POSSESSION
MIR. TURNER DISMISSED.
A Habeas Corpus in Behalf Of Mr.. Devln.
Still Another Injunction.

N hs
II leaves Mr. ConOver in undisturbed possession Of the
Office though another act of factious resistance
perpeIated in the granting of further injunction by
Judge Ipgraham yesterday afternoon, on supple
mental Notwithstanding David Dudley Field,
Counsel for Mr.. Conover; John r. Harrington, Con.
stable. and Harry Bertholf officer of the Supreme
Court from interfering in any with the books
papers. documents, &c. of the Street Commissioner
Office. pending the proceedings on injunction before
Judge Ipgraham.
About half past eight O'Clock yesterday morning Mr.
Turner entered the Office Of Street Commissioner there
being not more than half dozen persons present at
the time. He approached Mr. Copover aud stated that
he had received his order of dismissal but should dis
regard it. He claimed to be the Deputy Street Com
missioner and such he proposed to continue in his
Mace. Mr.. Conover informed him that such
would be impossible tina. he had appointed Mr.. Rogers
in his place. If he had any private papers other
matters which he desired to remove from his desk, he
was at liberty TO remove them, and any assistance
which those in the Office could render him would be
Given. ard no hoped he would remove them at his
earliest convenience
MFR. Conover was in his Office during the entire day,
attending to his official duties, far as he could with
out the books. Tie first circumstance of interest
which traDspIred grew oat OF the IOrinal
DISMISSAL OF Mr.. TURNER.
On Saturday last, the following order Of dismissal
was sent to Mr.. Turner:
NEw-YoRK July IS, 1857.
SIR: Your services Deputy Street Commits.
soner are no longer required by have appointed
M, George I. Rogers as Deputy Street Conmis-
soner in your place and stead n y coyovrR
To MI. CHARLEs TURNER.
Mr. Turner said he should claim and occupy his
place and if his right denied, Mr.. Rogers could
bring an action to test their respective claims in the
Courts. Mr. Conover replied that he should not submit
to ally such proposition He told Mr. Rogers to take
his seat at the desk lately occupied by Mr. Turner,
and hold it. He said to Mr. Turner that he had been
ar moved enough by the litigation he had been sub
iected to in his efforts to regain possession OF the office
from which he had been forcibly expelled with the
connvance Of Mr. Turner and if there were to be any
further litigation growing out of the office of Deputy
Street Con missioner Mr. Turner must take the inia-
tive. Mr. Vurrer said he would submit under protest,
but should take such steps in maintaining his rights to
the Office as his counsel should advise.
Mr. Turner then left the Office
CAPT. BENEFITS oFFIcIoUssEss.
Yesterday r2orpiDg Mr. Conover addressed q letter
to Sheriff Willet of which the following is copy:
STREET COMMISSIONERS OFFICE,
NEw-YoRK, July M, 1891.
SIR: Aperson called j. w. Bennett, representing
himself ss Deputy Sheriff appointed by you, has in;
truded himself in my office, creating much noise ana
confusion ard seriously interfering with the legal bu-
sness Of the office. Win you obiye me by answering
by the bearer whether he has been sent tnere py
your direction and whether you ind0rse or counte-
lance his unwanantable intrusion l have been in-
formed that the said Bennett has threatened to pro-
cure a mob Of disorderly persons to assist MN In
creating not in my office. therefore call on you as
HIGH Sheriff of the County of NewYork. to interfere
and use all awful in your power to assist me IN
preserving tho public peace and maintaining good
order. , , >.
have al,o been informed and believe that disOr-
DERBY persons seriously entertain the idea OF creating
a bre ach of the peace in this office, aud now again
call on YOU to aid in quelling all violent and un-
lawful attempts to create a breach OF the public
peace. Respectfully your obedient servant,
D. D. CoN9VER' Street Commissioner
TO J. c. WILLET, esq Sheriff., &C.
On receiving this communication the Sheriff imme
diately went for his counsel, Mr.. Vanderpoo, who,
after brief interview, called upon MIR. Conoyer and
stated that the conduct of Bennett Saturday was
wi oily without warrant On representation made to
the Sheriff that Bennett poor, and could obtain
desirable position to watch certain stores in the lower
pat of the city, provided he could be invested with
general warrant from the Sheriff creating him depu-
~. he was so depuied Mr. YandsrpOol told Dir.
Conover if Bebrett again obtruded himself, to tell
him that his presence required Immediately at the
Sheriffs Office.
THE HABEAs CORPUS.
Mr. Devn has passed three nights in Eldridse
street JAIL under the warrant of the Supreme Court
Though restrained of his liberty he yet manages to
pass biz time in jolly way considering the circum-
starce. Hi, friends call in numbers And are freely
admitted. Even the Chief Of the Dead Rabbits
Fernando Wood himself dispelled the gloom of soil
tude that surrounded his protege, by his august
preeence on Sunday morning. Regrets OF course
were frequently expressed at the absence of Judge
Russell, ard hopes were ventured that ne would
speedily return to throw himself into the breach and
rescue Devlin from his confinement. But MIR. Devn
after the second night became impatient OF the delay
He wanted TO find his way out and accordingly
measures were taken to secure his liberation, ana,
while the proceedings were pending before Judge
Ingraham on the injunction against the appropriation
of 500 GOO for the payment of the metropolitan To-
Ice, Mr.. Busted, Counsel to the Corporation, ap'
peared in Court and applied for writ OF habea'
corpus based on the following
PETITION:
To the Hon. Daniel p. Ipgraham, one OF the Judse'
Of the Court of Common Pleas for the CITY ana Coun
ty Of New-ioIk, the petition OF hiinsta sedv
by the Sheriff of the City and County OF New fork,
in the Jail Of said city, and that he Is not commeo
or detained by virtue of any process issued by any
Csuit Of the United States or by any Judge theieol
nor is be committed or detained by virtue OF the nnai
judgment or decree Of any competent tribunal Oh cipn
or criminal jurisdiction, or by virtue OF any execution
issued upon such Judgment decree; that the cause
or preense of such imprisonment, according 70 .no
best of the knowledge and belief Of your petitioner,
is that the said Devlin is held in custody 1nueI Get
Peabody one OF the Justices of the Supreme
Court ii the State Of New.York, Of which copy IS
annexed, ard your petitioner alleges, as he has osen
advised an6 believes, that such imprisonment IS me