New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-06-26

y TIl0E- Z
pat out by John w Bennett aud Others acting unde
hls direction that the sad Bennett. proclaimed that h
wa acting By the orders o. cIe Mayor that alter la
erected the saiG Bennett took the sald CO1over b.
ia fox an Only acting by the orders q The Mayor.
JOHN CoLvIS
oT', WIZ II DUsENBERRY. ComH'r of D-ei,
C,o..-a, mined by Mr. Brady know Capt
Speigb. 81 IN Metropolitan Police reeoieot seeing
Lin st the stree GoIis'ioner once e2Gu, ea i.
0afce bssoIo Int ne, to remain long he did al
that time; saw him g. . out twice be spoke 70 MI
Conoyer: saw Mr.. Cor. yer oeckon 70 nm 70 -Peak
to hun don't know Of an, 81 1s ~ oeug "iSre una,
fret came there quite crowd fo. o"sdi don know
how many were his friends; saw DIR. slcock and
some Of the gentlemen Of the Office do> slsrs mere
was a crowd Of from dozen 70 dozen a7d hali
Mr.. Fied--I have the bond Of Mr. Cono'.@r wSIch
was filed with Mr.. Flagg at the Controllers ofioe.
Mr.. Brady-lt u not approved by any one:
Mr.. Fied-I .,uPpso.e that you viii admit that in
dorsement is in Mr.. Flaggs handwriting
Mr.. Brsdy--I don't know his handwriting.
Mr.. Mervin X. Brewer was called TO identify the
Handwriting Of Dir. Flagg aud the Endorsement, after
which Mr.. Field read the bond in evidence. II was
in the usual form, and signed aud sworn 10 by Mr..
Conover and his sureties. Mr.. Brewer also testified
that the swetes of property, and that one,
Mr.. Augustus Conover, was man reputed TO be very
wealthy.
Mr. Field then read the following
DEPOSITION OF Mr.. PECKHiN.
Ctr and Comfy Of keu- ork.-James Peckham,
being duly sworn, saith, that he is ce-k in the Of
fee OF the Street Commissioner; that the 18th inst.
he was in the said office that Mr.. Conover there
in the private office that about o'clock AID Clancy,
Aid. Wilson and Others came TO the Office and went
into the private room; that deponent heard Aid.
Clancy say that in the Of the Mayor and Com.
mon Council Of New-York he instructed Turner to
keep possession of the Office until the Mayor and AL.
dermen directed him otherwise; Mr. Turner nodded
assent and that Mr. Conover asserted his night 20 the
a Monday COpOypr
and denied adInittance into the private office by
officers, who said it was in possession OF the Sheriff;
Mr.. COnOyer then took desk in the adjoining;
that depOnen acted his clerk during the day in con-
junction with JOS Il. Pollock; at OclOck Mr. Turner
requested Mr.. COnOver to leave Mr. COnover refused
Mr.. Turner gave orders to officers to have the
Office cleared; he also ordered deponent to
leave. and upon Opponents refusal, Mr. Tur-
ner directed him to be put OUT that depo-
nent stated to the officer that he a clerk in the
Office and had right there; whereupon the said Tur.
stated that deponent no longer a clerk and
ordered the officers to put deponent out, which they
did, that while deponent was in the hall, outside the
door, lie saw the officers put Mr. Conover forciby out
Of the Office that Tuesday morning depOnent went
to the Office with Mr.. COnover, who was denied ad-
mance inside the railing by Deputy Sheriff. or
person acting as such; Mr. Conover then took desk
in the Map Clerks room; that deponent acted by his
which he signed as Street Commissioner; that while
Mr.. Conover performing his duties as Street Com
missioner, Capt. Bennett stepped forward and said
that it was the order of the Mayor that Mr. Conover
should leave the oflice-peaceably il he would but
that if he would not, 500 men could be had to eject
him that the said Bennett then, by physical force,
put Mr.. Conover out Of the office into the main hall of
the building and depOnent was also forcbly put out.
JAMES PECkHAM.
Sworn to before
W H. DUsENBERRY Commissioner Of Deeds
Question by Mr.. Fied-What was the document
that Nj. Conover signed A. 1t permission 10
certain premises the locality of which forget.
Cross.exaniDed by Mr.. Brady-Q Where is that
paper nowl A. In the possession of the person who
made the application.
have a copy of the permit in the Street Commissioners
Office
Q. Can you get it, A. / think | can; have that
confidence in Mr.. Devlin that can get it.
q. Where was it when you saw II last! a. II was
in my drawer.
MI Brady-I will suspend the examination for
few moments in order that you may get it.
Jesse Mitchell then called to the stand as
witness
TESTIMONY OF COUNCILMAN MITCHELL.
was present in the Mayors office on Saturday the
18Th inst, when Mr.. COnOver there | saw Dir.
COnoyer ard Mr.. Jones come to the Mayors Office
then 10 serve notice on him that he was appointed
Street Commits oner by the Governor; they went
into the entry to that the Mayor did not come out
Of the side door they went into the Mayors Office aud
waited outside some half an hour they did not
come went in 10 what the matter was; they said
they could not get in; was there some time and
went to the entry and the private door coming out OF
the Mayors office there WAS Captain Murray OF the
First Ward; Capt. Let's of the Seventh, and saw
BENJAMIN Wood and Chief Matsen going in there;
after that went in TO see Mr.. Conover this was on
Saturday; Mr.. ConOyer told Mr.. Ming that he had
a notice to on the Mayor; Mr. kiBg said That 1t
would answer the came purpose to leave 1t with him;
and he accepted he spoke about the bond and read
the signatures and said il was ali right.
Mr. FiclG-Was not this notice the oath OF office
A don't reocllect; know he left il with hun fur.
ther Mr. Ccnoyer went 10 TIE Controllers office aud
filed his bond; the Controller looked at the sigma
lures ard seemed TO be satisfied; think he told the
Controller that he bad been over to the Mayors once
and could not zee the Mayor, after waiting an hour
and half or somewhere about that time; he
told him that he had done oil that he could
as regards fling his papers with the the C Cs
Clerk; | then went into the Street Com
missioners Office with Mr.. Conover there were some
seven or eight persons III there with Mr.. Conover.
Mr. Brady waived eross-examination.
Mr. James Peckham having returned the paper
agan to,k the ,iend Dir. Brady continued his cross
examination.
@. AFTER examining the paper Do you know who
Theodore Bergman is whose name Il signtd 10 tnis
paper A. ] do not saw a man representing hiT-
st If TO be Theodore Bergman on Monday, the loth
inst. | am quite certain il wss Monday-bo II was
TUESDAY that this order was given; 1t was given dur.
inC Mr. Connoyers possession Of the Map and Clerks
room after having been denied admittance 10 the
other room: wrote the original paper and the copy
when Mr.. Bergman applied, be asked for the street
Commissioner not knowing his business, direc'su
him TO Mr.. Conoyer he told Mr.. Conover what ne
wanted and Mr.. ConOver told me to draw up the
paper. which gave TO him. ard he signed ii never
saw the premises at No l6S Chatham street mention
ed in this permit; l charged nothing for 1t; made
the copy before gave the original to Mr. Bergmahi
don't know that il is usual to keep copies; have
been in the Street Commissioners office since MI.
Taylors installation in it. think was the middle OK
January. 1856, that / went into office; l had never
written permit to be kept in the Office, before;
think there is permit book, but ! canrot
swear to it; my business Is not IN the Dspuue
office: my position that Of copying clerk.
.. Do YOU mean that you did these IS Copying
Clerkl a. men that obeyed Mr.. Ccnoyers oiteas:
Q. What act did you in obedience to his orders
A. / cannot enumerate them: | wrote the order, and