The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-23
THE STREET COMMISSIONER DIffICU. TY.

4 ||NSe0~(N00NN~NN~I~N~
The Custody or Charles DevIin-Ar1umont
| OF the Habsss Corpus Again Postponed-
Traverse to the Return.
COURT or COMMON PLEAs-spRoIAL TERN
| WsosEspAY, July ~, 1857.
| Before Hon. Judge Ingraham.
The hAbeas corpus In The matter Of Charles Devn having
precedence of the other cases, came on for argument IL
O'Clock In the chamber Of the Common Pleas which was
| ded TO announcement degree. Mr.. Devn took
seat beside his COUNSEL Messrs OConor Brady, scklea
and Bus,eed and Messrs d. d, Field and VIM. O. Noyes
appeared TO oppose the discharge.
Mr. Brady read the traverse to The return pre- jared BY
counsel, which sworn 70 by Mr.. Devlin. u Is 90
follows -
In the matter Of Charles Derl,n Ha5sai Cbrpus chas
DevD, by way VI showing that his imprisonment ana do
enon the stated resrn of the SheYin o.
the city and county Of New York TO tho wrt Of hsoeas
corpus ihsuea IN mis- matter, unlaSfil, SAITH and al
eges:-
fir, That after the death Of Joseph Taylor, named
the ION DAY Of June 1857, the said Cnass oovhu was,
by the Mayor of the city OF New York, ~ith the
ud Of the Board OF Al o. men, dan appointed the
Street Com missioner under the euudei "Au
smend the Charter Of the city OF New YORK;, passed April
a. 1857 To I'LL the 10 that nnce occssoned oy the
death Of sad Taylor. That ho ineoeupon, tho
ers nobed, accepted the sad appoo tment duty gave
and FLED The proper Official bond, ana vok and hcd the
oath OF Of In taat behalf rea by lAw and the o,d
naIces or the Conn on Council Of the city Of New York,
and did all things required b qualify him tor exercising
for With up such dull =. took full poses-
Of office and Of all the books, PAGERS and hinxs
apef tanning thereto, and continued the full possession
of off sppcrtensuces Aforesaid until arrest
under the said warrant on the 18th DAY of Juy 1851
Secondly. rha, on the l9'h day 81 Jane A D se7,
Daniel Conover made complaint in writing ana pro-
scented tho 10 tho H,n CHARLES A. PEABODY ono II
tho Josnces OF the Supreme Court Of the siss of
| New York. to compel the said Devbn TO deliver
| to 'aid Coroyer the books, papers aud map. and
documeDn belonging appersinng 70 the Olive OF Street
| Commissioner Of the city Of New York; that said
| paint verified by affidavit OF said Conover, made
on the same pine eenih day Of June, 1856 and that
upon such compaint and affidavit being presented 70 saa
JUST be rpsdo order sho csuse hereinafter
forth; that the following 'opes OF tne said complaint,
aildayh and order 10 show cam'e, inat is to say:-
To the Hon Charles Peabody Of tue Justices Of
the Supreme Court OF the State OF New York-rhe petition
Of Daniel Cnover Of aid city, respectfully shows tnss
Joseph Tsy lor elected 10 the oce Of Street Com
missioner Of The city Of Nov York IN November 1885, and
entered upon the dut of ,ad Office In January thereafter
ard COL tinued therein until June o. 1907, he ded
that your petitioner was tho l2tn Gay Of Jaoe, 1857
duly appointed and commissioned By tho Governor Of inc
State Of New York To al the aaey In that oflse
siones by the oecease OF the Joeph tho
Street Com missioner; that your petitioner bs accepted Tho
said appointment has duly taken aud died his oath OF
Office has duly executed with sufficient aied
the peoeary Official tord and has doue he Is advised
ana believes everything Necessary To be done by him to
qualify hin self for exercising the duties Of the said Offices
that apperanins to the sad Office ~ large quanty Of
books and PAGERS maps and docun na Of various dcsrp
nors that SUCH books papers maps and dooumens havo
into the hanos Of charles Devn and his
possession that your petit nsr has dem andsa the
from him, bu, that no withhold, the same snd re-
fuses to deliver them to your petitioner, Claiming
| himself TO be the Street Commissioner, under an
and Aldermen Of said city. Your petitioner therefore,
praSs that be said Dcyn may be ordered shox
before you instan pooa at the cha Of
the Justices Of Court Cty Hail. In the city Of
New York. why ho should not be Deed 10 denver tho
raid books, papers and documents your petition
| en- And your petitioner will ever pray, 60 10
Ctty ard County Of NeW Ior.-D Conovsr, the aoove
petitioner, being duly ssorn, saih that he IA. read tho
icreso ng pe BY hin subscribed, ant tina. the
uae Of b. own kno .leese: o0NOvEe.
| missioner OF Deeds
srrSrnr couSr ON tho foregoing petition, 10. Charlie,
instant at ~ O'Clock NJ the Chambers tho Jus ices OF
this Court, In the lily Hail. IN the city OF New York. ~hy
De mon BOT DC compelled iorn am 70 deliver 70 Tue pen
| city OF New YORK. O. A. PEABODY
Dated June 10, 1857
/ To Cn.rtn Dsv1IS, Eq
sm-P ease take notice Of the foresoias ,sean and
order unexpectedly, rIap sLgYfEs,
| Jupe 10, 1877. 81 Bro.d~sy
Thirdly That tho SAID Csnoyer caused ,p,es Of said
complaiut affidavit and order sho~ served
on ssd pevhn. who, at the tic appointed for sho ~ng
serted to ,sio Justice certain siav of which the fol-
Before Hon Charles A Peabody.
IN TIE kaer Of the Apeiicat,on Of D,nssi d. Couoe~
ogdist Oharl,s DSria % sbdrr Books PapSs dc If
Sr,,i Cow mis- i'nsr -City AVID County II Nszo Yus
Charles Devip, OF said Guy being duty s~orn ssll mat
he Is In possession Of the orse mmss,onsr OF
he city OF New York and was po~ssssion OF ,a.d
perfo ming te duty, when he ,eo.ved the show
cau,e In the proceeding above cnitca And tina dcponent
i0rher tath, that he advised and believes At h B 10
lac and In fact Street Oommls OF said city, AMI
hed To bold tba, Office That 6ep~usn, duly appoint
Is % sSas "a, ore, ssso On The ethsna dag Jaus
advice ara consent OF the III ard OF VI said city
rs he bas accepted the said sppootmen and he, daily
taken ami fled Tie oah OF ogc' Street Commits
sisper and given the rsquss security according TO
DepopeDt further saith, that al the time be sp
G'H,sd, CHARLES Tuner va, as hs hzs been informed
nrd beeves performing the 0ui of Street Com
aforesaid claiming and having, deYoneut been
formed and believe. be rghtio do virtue Of his
holding IA. olce Of Deputy Commissioner for tho
| cry OF New fo'k Dsponens ls',ly .sno, that he has
been advised ssd believes Tbs, psais Conover has
tight title whstever 10 the me u street CommI-oser
| for the sud :ry CHARLES nEvIIN
Sworn This ia day OF Inue, 1881, before me. jan,
ASHFORD, Comm ssioner of Dres
Ard in response to such sds IL Of said Devun, tho
raid Conovor made certain c'her affidavit. which
read by him before said Justice IN the proceed ng srws
.d and 10 support OF bis said compliant. Of winch ne
above named applicant being saith, that he Took
possesriou Of the ONCE Of ssoner
ing the day hat 90 Monday June is be rsaioed posse
sion thereof and remained in The spJroPraed 70
heS Get eomm'ssioser IN the Hall Of Records during ne
~hos n that osy, until O'Clock the ume Of oiosing
said ehce that on tuesday June is he retarSed In mo
ofnes TO his ssid rooms and tsansaed ousncs. pertain
ips TO his sad Office and CO dlrs "a the dscns'ge
OF bis does when party OF pocencn, headed By Ionn
". Bennett whe Stale he vas sctins BY commAnd OF thc
kspt him out OF tbsn All dsy mat Wednesday morn
ing ne H. oepopen returned 70 MS SAID rocs aad ~S
tbere met By Charles Devn sbo refused W ALLOW dep,.
men, q, no 10 seronenss dek ths, he had forcs
an 10 keep deponepi out and Intended 70 do ard
depobeni further sanb that TIE said eshn had ~h him
lase force Of poll and other person asst hin,
In he, ring deponen away, and did ksc him away; and
this csronent further ssh that, a. he IL advised aad
Hsve. Tho Charles n~vn ooe been 10 any usy in
OF the said Office except By retaining
and ht books and NJ The oics since The
fcihIe expulsion Of dero,en and rsher ,hs, ~ aeoo
informed and behevts, Charles Turner hes never
hal any posses ion Of ssd room, the oce Of srco4
IA, nnl.e mi douu uuta
other perton D. d. CoSOvEa
swo, boforf me, c. A PrABopy, June -, 1861
Fourtby Tha tbercu the said Justice proceeded W
inquire into the rcuns,snces stated 10 said complaint.
and afrdstts. and such proces dinRs thsreupon
had bet sat Justice that 90 the tenth day OF July A.
1897 the Fad justice male certain order, OF when
The follo~h " COPY
whaFcas tbs 10Th day OF June, 1857 al the CITY Hail
In the city " Nes York, complaint male - the said
Charles Peabody one Of the lodges VI the sapcems