New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-06-19

Of N.wyork. unless the District Attorney elects to
nroceed with the usual examination alter arrest before
me- should he not 90 elect immeost1iy' lne ooeI .,
discharge must be absolute. Should he so elect, the
eA'ii""'' si,ned A. D. RUSSELL
To this order Mr. Hall replied as follows;
The pistriet-Attorney declines to make any cleo
ton as nrofered in them because he denies the right
y, IT, Ipdo N make any such conditional discharge,
or IN impose such election upon him and 6eesu'e ne
denies The right without ceroran in aid OF habe Is
corpus 10 60 into any investigation OF he arng OF inc
merits, or by babeas corpus to change 'ne L'en. 70
This hearing from the magistrate VINO Ssueu 'ne war
rant un' ts;,n Dy ee''iO''''' A Oakley HALL"
Mr. Hau-Tbis declaration makes the discharge
absolute.
Judge Russell then Endorsed on the writ an absolute
discharge of the defendant Wood.
PROCEEDINGS At THE MAYORS OFFICE.
After Judge Russell left the Chamber Of the Count
Of Sessions he proceeded to the Mayors Office to re-
ceve the return of the secon writ Of habeas corpus
which he had lust issued. He took his seat in the
Mayors private office, with the Mayor, Mr. Dean anu
others 10 await the arrival of the District Attorney
upon the notice served upon him to appear aud show
cause why the defendant Fernando Wood, should not
be discharged from custody. In half hour the mes
sepger returned with the following communication
directed to Judge Russell from Mr. Hall, the District
Attorney:
CRY ASD County or NEw.YoRK, !
DIsTRICr-ArToRNEYs OFFICE, June 10, 1871.
To the Hon. A. d. Russell City Judge Room No CITY HaL
SIR: have the honor TO be III receipt oil houce
in the following words:
&" In the matter of the Imprisonment of Fernando
Wood.
corpus this day allowed by 4. d. Russell, City Judge
on behalf Of the above petitioner, Will be heard be-
fore A. d. Russell, esq, City Judge OF the City OF
NewYork, at room No. IN The City i nsl 81 Tue
CITY of New-Yolk on Thursday, june H. 1897 ulme-
diaeIy. Dated July 80 in the original Is, 1917
DEAN DONOHuE, Atty's for Petitioner.
ToA OAXEY HALL, District. Attorney esq"
Upon inquiry learn that Room No ., City Hall, is
the Office OF the defendant in the proceedings, and the
same place wherein officially attended june IL, on
habeas corpus, ard from whence an adjournment was
had 40 the public Courtroom Of the General Sessions
| have not the right to dictate where your Honor
may make the writ Of habeas corpus retulna0e, nor
would il become to criticiSe 1t II | had but as L
must decline to attend upon such notice at the place
designated, justice to my official position and respect
for the Judge issuing the writ, demand that should
give my reasons. >.
in obeyipg the notice on the first wit for the same
place. and that after announcing my official position
and claims 10 entrance the indgnity was inhcted by
apparent officials in the full knowledge OF my Sriahu,
81 The verv door of Room No . of the City Hall.
/ am Informed and believe that the City Hall is
still guarded by posse OF men, IN such manner that
I have fears for personal safety, particularly as,
being in Court when the writ was applied for, I'M
DEF stood counsel for the petitioner to speak OF the
necessity of the Mayor continuing within his citadel
Nor without sacrificing sefrespect and official duty,
can attend on the hearing OF public proceeding IN
private place, guarded, under the authority and by
the direction of the prisoners against whom ams to
appear. Your obedient servant,
A Oakley HALL, District Attorney.
Judge Russell then made the following Endorsement
on the back Of the writ-of habeas corpus:
The hearing of the within meter is adjourned to
the 18th of June ins at II O'Clock OF that day. at my
office, No. % Chambers street in the City OF New
York notice to be given to the District Attorney OF its
adjournment, the said Fernando Wood to remain IN
custody of the Sheriff in pursuance OF written order
this day given to him. A. d. RUSSELL, City Judge.
Nep York, June Is, 1851
Appended is the order of Judge Russell to the
Sheriff:
BEFORE THE CITY JUDGE.
In the maeof application of Fernando Wood Tor aw OF
hsbeas corpus. -
The above.named Fernando Wood being brought
fore me on habeas corpus this day, allowed re-
urnAble before me Immediately and the hearing of this
matter being adjourned until the 2sth day of June ut
II O'Clock until Judgment be given upon the return,
ordered that the said Fernando Wood be committed
TO the custody of the Sheriff of the City and County
ofNew-York and to remain in his custody during all
A. D. Russell, City Judge.
OTHER LEGAL PROCEEDINGS.
SUPERIOR COURT-sPEcIAL TERm-June ls-Before Judge
HOFFMAN
Daniel ID. Conoyer agt. Fernanso wood et al
Judge Hoffman this morning granted the following
order requiring the Mayor to show for contempt
Special Term Of this Court held the City Hall in the
City OF New.York, the 18th day Of June, A. d. 1857.
Present: Murray Hoffman, Justice
Daniel d. COR0rer agt. Fernando Wood d ALL
appearing TO satisfactorily, by the affidavit o
Frederick w. Perry, of the CorOners of the City
of New.York, that the defendant, Fernando WOOD;
has wiully resisted the service upon him OF lawful
r. AZ. mall in
that is 70 say an order directing the arrest OF such de-
fendant now on filing said affidavit and on motion OF
Field & Suyter, Of COUNSEL 1t is ordered that the SAID
defendant chow cause before me, the said Justice on
Tuesday, the 23d day of June inst, at III o'clock OF
that day. at the Special Term room OF the superior
Court in the building on the corner OF Centre ana
Chambers streets, why he should not be punished as
for a contempt; and let the said affidavit be served
with this order and such service is to be made on or
before Friday, the 10Th inst. MURRAY HOFFMAN.
The following ia copy of the affidavit upon which
Judge Hoffman granted the order to show cause:
CORONER PERRY's AFFIDAVIT.
Ctr and County Of NT-Y York, ss.-Fredenck w.
Perry of said city, being sworn SAITH that ne Is one
OF the Corone Of the sad city, duly elected residing
in said CITY, and exercising the duties OF his ONCE a.
such Coroner on the 10th day Of june inst that tue
order of arrest of which the annexed Is copy, was
delivered to deponent for execution on the said 10Th
day Of June; that he Immediately repaired Win sad
order to the City Hail. for the purpose Of arrestng the
defendant, Wood, Hereunder; that he went 10 the
door Of the outer Office of said Wood, when admission
10 said Office was at first refused him, but depo'
nepts stating that he was such Coroner and had Off
cia business with said Wood, deponent was adj
mitted within said Office and up to the railing within
the same, where he was met by person belonging
to the so-called Municipal Police, who denied hun al
mission to the inner room where the said WOOD then
was, as deponent is informed and believes that de-
ponent then announced his busness-that ne was such
Coroner and had said order Of arrest for execution
that thereupon messenger went into said inner othce
10 inform said Wood Of deponents business that de-
nent dnee not know the name OF such me senger,