The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-08-03
the STREET COMMISSIONER DIFFICULTY.
une Injunction Respecting the books-nr.
Fields Argument Concludes.
COURT or COMMON PLEAs.
Before Judge ipgranam

Nno Injunction Respecting tho nooAs-mTs
F1eid's Argument Concluded
COURT or COMMON PLEAS.
Before Judge insraaam
IM Major Aldermen asd UOr7nonaliy o. he Oiy Of Nec
York %. Doaia Comorer, Osarles Drr!:n JAMS @ WI
IT, isaif John x Fa-rsn1t,n, Dapd Field, end Hen.
w B.rtkoF Al tho opening OF the court Saturday
M d. ID Field continued his argument He commenced
by stating that ell perosvoa, the beginning
Of this litigation, that this city aborsng under the
curse OF nsgovernment that net Ia all Chrssendom was
there great city more corrupt governed with more In
efficiency. There difficulty in discovering II; has
been growing from day 70 DAY and from year year. until
good Of all parties cried ou, for relief In 1885, the
people fed 10 Albany for relief the Legislature inter-
fcrod By passing act restraining certain parties from
running railroads taxing the control Of that
affair cut or the hands Of the municipal government In
respect the Eighth avenue railroad the most shameful
corruption was acised members Of the Comm Coun
Gil being bought ano soid like cattle Mr. Field then
rnerated all the effnt sc parsed by tue Legislature
which, though they inscrered With the city COVE nment
were Jet acceptable 10, aad approved of by tho people,
because they found they coud procure that from the Lg
siure or tho State which they could procure from the
Legislature OK the city He gave the regular
OF passage last .esson down 70 the police
blu which had given rise to al this Etg son He then
went Into . history OF tho different cases which
had arisen In the various courts since the Street
oor sae With fofc.ei resisrg thelaw 1t the price
blood. Ia tta very court room be said blood had been
poAeen TO resist the PROCESSES OF law,
and In to hose warrants several persons were
wounded was only when the military we're called OUT
government were drm In their resolve that the law
should be obeyed ana the Mayors counsel had even
stated in that bogus" Law, expression
never before In court Of justice NJ Field ,eeded
TO comment he acons, motives and objects Of the
opposing counsel during the whole OF the litigation,
and continued II natural, your Honor, that In
like ,his counsel should DO exrei but there
sou for personAy M matter bitter controversy
Vaa mi n a
parties and the counsel who waud descend into the
with bis client d gaced his protest. n and did harm to
Dis CLIENT TO the OAR, and to The bench have eudea-
vored to remember every word said py me, ana must
cay that do not recolcc. single one that
exception 10, except one, and that is tina. the
ipjunton procured To shu the mouths of the counsel
n tha There persons descend ants Of Ishmen
or IrsSmcn themselves, who ashamed OF their de-
scent but these the degenerate of the country
What "a there to be ashamed OF In being an lrishmAni
ireland sthe beautiful island in the sea-her people
gallant and intellectual ye. there other class of
people the world ashamed OF tho place Of their nsvi
ty 10 be called Roman Is q boas rom the pillars Of
Hercules to the Indus TO be called pgsh Ii 70 be credit
ed with nfexble integrity answering truth to be
called American Is 10 suggest unpg energy and enter
prise thai never asgfo be associated with every sail
that and every pioneer thai enters the reccsees OF
the mountains Caledonia IL associated with the tartan and
The plume, with glory and with victory And why any
o; Ireland should be ashamed Of the term Hioernian
conceive. Is because OF Irish friends
arc prone and ,tle surprisess-for
In that view used the term think that this new child,
hereafter man attempts to stop the mouth Of An adver
sary that it win be called Hbernan injunc.
ton The gentlemen eeem ambitious to BIO
connected with II for they have put their names to IL,
something that have never seen since 1873 Here are
Bus.ocd and Daniel T. sckes Mr. Brady has mol aligned
IT, suppose because he was running around the courts
the and sue.S and Sickle. the hsve
o history Of the Dutch period OF State by DedYick
KnIckerbocser. hope viii also have our historian Of
vr4sh hnv apfar If ho hank
viii be devoted this little corcei I hope he will
group int father Brady, mother oConnor and the al
the other for the night, that when all passed
away from this little isandthe world-the story may be
among tbs laughing maidens b. the winter nresde and in
PLEASANT shades.
ARGUMENT OF Mr.. sICKLEs-HE LAclRAr8s- ruE
ALBANY LKaIsLAruHB.
NJ gckles said he was In the
tive glowing and affecting was, OF the opposing coun
sci Of our efforts Albany from fallen
diton There a few points pertinent 10 the case to
which he sooad conhne himself. The counsel who nrst
addressed the court gave history OF the case Some OF
statement that Conovcr in Of tho Office
forcby elected The papers the case show that Turner
Tayio.s successor In Law and fact AMI WAS acting
fsreA Commissioner. The ordinances show that was
bis duty 10 act and show that lie did act Conover
himself acsnosledged BIZ. authority Tho only contro.
Conover snd Turner, and occurred two days before
Devnn's appointment when Dsvnn had done all the
necessary preliminary acts he inducted into Office by
the oceEs OF the and until no was seized and
Imprisoned no was the actual Commissioner, and dis
charged all duties Of the Office Conoyer wont thcre,
no. 10 dispute possession, but 10 make formal do
mand saying that he wished only TO be refused, thai be
night take the TO the cours so much for the al
legged scenes OF violence uss enough force was certainly
used 10 meet the force opposed Judge toll them
that that the best coursc and advised them TO do
agan was the Counsel the other side who entered
che oacs seized this old Turner and cruelty thrust
him out In violation Of the mandates OF this court Como
tancd M Deyln and his .ends looked on this spesH-
Gle with sorrow and indignation; they were oonadept
she rshs Of The corporation would De ana
there netting new In our complaint Mr. sickes then
proceeded shos thai the complaint presented 70 Judge
Roosevelt hurredy drawn owing 70 the engagement.
OF council In Judge Peabodys court while the present
complaint acts forth all the facts IS to tho value Of tho
booss the danger Of her being damaged or Loaf and tho
supplemental complaint presents the htse OF facts undor
which the question Of preserving valuable public property
M eptrs within tbs 90 ger of the Court 70 look into tho
tiles Of the claimants for the Street Commissioners oce
II matter OF great doubt a. 70 Who "a tae rgnlu pos
scasor de jure ana de fd0 both aides admit that both
els manis constructive Of the bookn and
papers; and ,hus bath claim their client as the awfal
officer until the court decide which the eaicer de do,
n oapuo, ecde who 10 have the books If the court
concludes ncvln rignuiy appou cd, then ne was
entitled % the relief be claimed ana the oooss snouo %
rested IN them could consult them In any even THIS
city ONCE 1.-The incumbent q The agent o. the c.y-
Gent was OF the city, and that Just what they
came here 10 Claim. coutendcd that tho ocJeN Of
ths suit was to conovers possession ssay aud that
thai could not be Done by Counsel for Conover
stated here open court that Coiover actually In pos
oesor ov thus conicssng violation Of the Injunction
Mr. Sickles declared that they did not want an intruder
IN the Office 10 disturb their pssetsoo put tns
By Of tho they ms be leu IN thai peace
nl possession, In trder that the business OF inc once
and The cors ration might 10 on advance the vel
fare OF whole city lie adopted the view OF the ooer
side; thar was Just what they wanted though Of course
there ware som. exceptions 10 H. M Sckies denied that
the corporation ~rty W The suit ,cfore Judge Tea
body beoause Deylln wss q party and Divin was their
officer The corporation into court now ~ The rep
reseaatve of the public and 10 protect B property IRON
Toes damage and such issue before Judge
Peabody. All that Jrdge Peabody dicided Vas mere
question Of fact--who a ,er,an time 10 possession
OF once and qu 10 that tho dccision OF an
inferior tribunal Ia 10 control higher aud prevent
n from applying any or the rules OF law for The protection
OF entirely different parties lie commended that the pro-
ceednzs before Justice Peabody not bef,se the Sd
prems Ok urt that II NOT curt nj ALL and that Judge
Peabody himself declared that he could not Issue
Mr. Field said he did Issue subpoena the Mayor, aud
he obeyod H.