The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-25


any such bond been presented 10 the Mayer"
M Hald-I object 70 the Introduction Of sndsvs start
Mr. Busted commended ha. his was not raising any new
ssue but was suggested by tue published points Of M
held
M Field urged his OBJ ectors against amending the ALI
davs and held that The Governor had tho legal right
appoint Copover, the Mayor must approve nc bond
for Indictment for miademeanor II would be unjust 70
exclude NJ. Copover from his Office simply because the
Mayor Of the city had refused 10 do his duty
Mr. Basteed sAid whether MAJ or Wood MAS guilty Of
crime not not the question a; issue or to DO dis
cussed.
The CoaTt-ls this affidavit anything more than az add
tioDal reply TO Conover's aifdavir
Mr.. Busteed-No, sir, nothing more than what de-
sgnedy left out With the belief that the points were made
In good faith.
Mr. Eeld-You will allow US also to make another
affidavit
The Court-f there is anything bu. traverse to your
affidavit do know but that you would have the right
Mr. Fied-We have received a message that the Mayor
and Mr.. Bennett will be here in very few moments
During the few moments, Mr. b sdy and Mr.. Field
busted 10 arguing as to the Judges right to subpoena wit
and compel them to attend. In short time the
messenger arrived with the following no;e directed 10
Messrs Field and sluyier:-
nIE MAYOR DRcLSEs CONF WITHOUT SIMMONS
MAYORS ONCE, June -, 1851.
GKsTIKNIS-Your note requesting me TO attend forth
with at the Supreme Court building 10 make Deposition
finds much engaged in OIL sl business shall there
fore decline to volunteer any deposition but will cheer
' N . ~ r ''~0' y '' wv FERNANDO WOOD
The LAWYERS HAVE souAssIs.
This, Mr. Field said, he supposed the result OF So
interview which he had observed between the counsel
for Mayor Wood and the defence.
Mr. Brady-lf the gentleman had kept his half as
open they to listen to private ne
would have understood the matter correctly
Mr. Fisd-Does the gentleman mean to insinuase that
listened TO private conversation.
Mr.. Brady-You have made statements to the Court
based on our private consu ltations.
Mr.. Feld- stated that they loud that they
audible oil over the room and suppose the Court heard
Counsel for Mayor Wood in Court and stated that his
ing him he advised him, the letter merely requested
him to volunteer testimony not to do it, but If the Court
issued process to obey 1t, as was his custom
Mr. Feld1 suppose you Will 90 TO work and barrlcade
the City Hall aud resist the process
Counsel for Mayor Wood-No, sir; but we will resist the
service by bogus policemen.
Mr.. Feld-Thst very proper remark to make before
Judge who has decided that the Police bill is constu-
onal il is curious specimen OF the courtesy Of an ex
Mr.. Bradv-Come, now, you can't get up here.
The Court-Order, gentlemen.
Mr. Held- shall ask your honor to sign this order FOR
Mayor Wood 10 appear.
The Judge signed the order, which was as follows
SUMMONS FOR The MAYOR.
To FERNANDO WOOD, ESQ You are hereby summoned
to at end forthwith before me- at the Supreme Court bald
ing in the Park TO make your deposition in proceeding
pcaton to compel Charles bevn to deliver up papers,
&c. G. A. PEABODY.
Nlw YORK, June "a, ls57-l1s O'Clock M.
TEE MAYOR IN COURT
Some moments elapsed hen at last the Mayor appear
ed, creating court He first seated him
afterwards he
sworn by the Clerk Harry Bertholf.
with this witness.
Mr. Feld-Nov we propose to take the deposition Of Mr.
Wood.
Mr.. Brady-On what point?
Mr. neldupcn the refusal Of the Mayor to approve of
the bonds and surees and secondly to the election OF
Mr.. Conover from the office.
Mr.. Brady object to anything irrelevant.
TESTIMONY OF MAYOR WOOD.
The Mayor was examined by Mr.. Field, and testified as
follows
Q. Did you Saturday, the l3h, receive information
thai Mr. d. d. Conover had been appointed Street Commits
sioner by the Governor? A. heard TO that ef
feet; think 1t was on Saturday; cannot say.
O'Clock.
O. Did you in consequence 70 to Mr. Turner the Deputy
Street Commissioner, and give him any instruction? A.
No, SIR
q Did you 90 to the Street Commissioner ONCE on aat
day. A. was there ON that day.
q. After you heard the rumorS A. No. sir.
q Did you give any instructions to MIR. Turner or TO
anybody else in reference 10 the matterf
Mr.. Brady object TO this az Irrelevant
Mr. Held- propose 10 show that he gave instructions
no. to let Conover in to see him or that he should
not approve his official bond and instructions Turner
and 70 the police to put COnover out If be there TO
the Stree, commssioner's office.
Mr. Brady-rhe fact 10 undispuasle that the oath was
not taken That 10 mitted and Is admitted that the
Mayor has not approved any Official bond given by Mr..
Conovcr Now, the learned gentleman wishes TO prove
oath approve the Official bond don't change the fact
all OF the character bearing OF questions In this
What does IL matter VIDAL were the Mayor rea
sons for approving these bonds? II the Mayor
fuses administer the oath consider the bond there
q remedy between Conoyer and the Mayor. We have
The Cour,--The officer the servant OF the people, and
must perform bis duty.
Mr.. Brady--The bonds must DO approved, prece-
dent 70 the occupancy OF the Office, the case when
Mr. Henry Howard could not enter the duties Of
Office, because there WAS not proper officer In the city at
sa @ ss as ss
suits brought against the Mayor arising out OF these dill
cstes which have recently occurred and have heard
Suggestions OF criminal proceedings Now, ! am
not the Mayors counsel, yet Is my duty
and your honor's duy-to that he is examined
about matters which have relevancy here Couover
elected, nobody did but the Sheriff. for he only had
possession fhe Mayor not acting as the servant Of the
people, but Of the corporation and in that regard is 10 full
al his duties, being responsible 10 them.
Mr. Feld-We TO get at the facts whether the refusal
OF the Mayor TO Mr. Sonover deprves him OF bis right
to hs ONCE or the public Of rs right ,S ho,a his m nv.
10 remain unhletf
Mr. Brady-Tne power TO approve necessarily involves
The power TO reject anything The power 70 reject one
which may be arbitrarily exercised constable may
fuse TO process II he determines that there Is
Jurisdiction your Honor wishes 70 draw your salary,
signed W the Mayor and Clerk OF the Board OF Aldermen
II they refuse 10 tgn you must get mandamusto compel
them TO sign fa Board OF super refuse 10 consider
. bill, though be proven all straight, there 10
remedy. That was lust my case where bad claim OF
slider u and the courts said had no remedy
The Court-rhere Is some difficulty abodt settling this
question: bui am inclined 10 think that ought to be ad-
mitied. ] will admit In this stage OF the case.
y. (repcated) Did you give any Instructions 10 Mr..
Turner anybody else in reference 10 the mstterf A.
Yes, sir.
Q When for the nrsi timer A. On the day tina, heard
the rumor.
Q. Tia, was on Saturday, A. l think that IT wa, on
Saturday.
Y To whom did you give the instrucuonsS A. To Mr.
Turner.
q. VIVA, instructions did you giveS A. I told him that
he the Deputy Street CommiR ioner, and that he
ntan his position such until the Mayor aud Board
az Aldermen should appoint a successor IN Mr.. Taylor
y md you give him any instructions ~ TO force A.
No, sir
z Now sir, this before twelve O'Clock that day.
A do not recollect.
Y. Amer that time Mr.. Conover 70 your Office A.
have no positive information upon that subject
q Have you any Information at ALI A. recollect-
Mr.. Busted (inierruptng)-Ths will be hcarsay, Of
course.
witness-I had heard said that he was at my Office
Q. Al what time in the dayi A. do not know, sir.
Y. When were you told that2 A. On the day he was
there, sir.
q. when he wa, there A. think at tina, time.
q. no you not know that A. have very distinct