The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-23

III both the warrants hac been s,gaed aud taken ava
the search ~srrnDt, nothing was said sy NJ 8-aiy or
an! body else respecting irjunson AMI shi deoo-
pen. further SAITH that he weu 20 the Street Comms
soners apartmeuts rhorty Dei re ar. Conover ne;
tbas Mr.. Conover 10 quietly ind gent % ne Com.
nissicners priva ONCE that he did not touch ethor
ipats any else 70 do And dspon mt
further says that he ~ss present during all the
e of the dscasson resoectpg tue injunction, and that
he heard all that said by any OF the coansel
sub ac In 81 Mr. Field dio moi state that "~hen
uon ~ the ,ourt Of Common pieas came To him ndgs
Peabody he one FeId) hopei the ago
you'd a. he (he said Feld had doue, put under
bis feet did n Field declare THAT th- said I'M
ton wa. no better than waste psoer" Wat NJ retd
place on the bench Of tn Supreme 20 mi
ton were 10 G me To me fr' the Common Plea, TO
strain l my action w,aa .rsma, !, apder my fs. saa
HARRIsoS REED
Sworn before me this 2ist DAY OF July, 1851 +.
HAws, 'nmissoncr OF Deeds
JOHN sIIcocK's AFFIDAVIT
Ctfy a. Itizay Of NeU rOrk, ~ John Sllc0ck, or
uhep The Judge cegsD the ro,eedings thai the dra
rant Sss deii'rre 10 Mr. Bertho and oy NJ rihor 10
Mr. Brewer, and BY Mr. Bre~e "a NJ Pollock; thst the
ecoDd warrant s'gned by the Judge and led to
Mr. Bertholf And by Mr serthof hKadsd u NJ Bee
~bo left Court with Il Immediately; sno until Mr. brewer
ie Court, Lot word mad bsen saia about an njanc-
ol by Mr. Brady an, body ete Aud defendant further
syr that he ent with sad Conover N the Street n nm,
ouer meats in the Hall or Records; thai Mr. Cono
went quietly to the private Office OF 'he Nreet Co mn
ioper VIII re Charles Turner AM John W met then
were and that the said Ccnover did not touch either
nor direct, ssk or iucite else to DO 80 rns
depepen remained with said Conover till the closing Of the
oice during which time "a Couover did ID any
of the papers books, maps aud belonging
the office, oir but the contrary gave expross
directions IN all perons present nor to touch o. them
sent out and procured OF hs to write
that when Cpnover first entered the -rea com
apartments Turnr in the second room, and Como
,e~ psssins around the railing the third rur
ner jumped over the railing and seated himself ia the
chair u,ualy occupied by the Oomm ss,sser but
transacted no busaess there, ant did not remain IN the
chair more than tSo three minutes and tina, said Ban
nett not In de ibe railing In ssid third that cur
and Bennett both left e third long before
O'Clock; tina, ConoveT aid not threaten Turner Nth any
volei ce whatever. JOHN J. SILL 0Ck.
Sworn before me Juy 81, 1857, 8. r. HAws, Commits.
sioner Of Deeds.
JAMES psuaHAn's AFFIDAVIT
CITY and County Of Ne Fork,-Jsmes Peckham, OF said
city, being cuy sworn, saith that he present In the
supreme court building the 18th OF JAY instant the
time Mr. Justice Peabody took mis- the bench till
after the second had taken of Court bv
Mr. Brewer that duying 81 that time net word had
been said by Mr. Brady any other person respecting
injunction and that when This deponent left the Court
room, he left Mr. Conover there seated beside NJ Moves
of his counsel. And this depouent further saith
that he followed Mr.. Harrington - the Street Com,
mssioper's department, and entered the apartments
i'm medisely behind him and remsDed with him till he said
Darlington gave this deponens armful Of books
take before Mr. Justice Peabody, which this deponen, did
and that long this deponen remained with the said
Earrngt no Injunction paper OF kind served
on him Dor was TIC subject Of an ipjancon mentioned.
And this depoDent further eah, that after delivering the
sao booEs TO sad Judge he reurne TO said Street Com
mssioners apartments, and that shor y after his arrival
there Mr. Copover came In ami walked quietly into he
private Office appropriated TO The Street Com missioner
ee and there remained until Charles Turner and John w.
Bennett had left that aod that said Conover did
touch either Of them or direct ask or ncite else
TO do so. JAMES Pc KHAN
Sworn before this 22d day Of July, 1851 sAsun F.
ALLEN Commissioner of Deeds.
JosnT r. PsrIocK's AFFIDAVIT
CITY and County IF Nco York, ~-Joseph Pollock,
serk in the Street Commissioners office, being duly
room, on saturday. July ls when Mr. Jus Ice Peabody
took his place the bench; that Mr. Couover the
court beside Mr. Noyea Of his COUNSEL this, the first
warrant signed by the Jusoe handed to Henry Bert
hof one OF the officers and BY the said Bertholft
handed to Mr. Brewer, and by Mr.. Brewer to deponeu
record warrant sigued by the said JUST delivered
by him to Mr Bersho, and by Mr. Der holt to Mr. Brew
s, DO LEI, The oonrs -i,h IL that A. Mr. Brewer was
Mr. Conover payer and then arose and stated 10 the
Court that an Injunction had been granted by the
Court OF Common Pleas which he had just served upon
Mr. Conover; that not one werd had been said by Mr..
Brady or body else respectng the Injunction, while
either Mr. Brewer or Mr. Harrington were ia the court
room ana this deponen further s.ys that be remained in
The court room until after portion Of the books had been
brought into the court ROOM that Mr. Conover aer Yards
left the court and went t the Street Commit sooers
apartments. this deponens joining him the way
csmpanyine bm tna the sad Cobover entered Toto the
Turner and John ". Benne,; wr C,uover then demanded
possession stating that had been decided In supreme
Court that he was Street Commissoner de Ico bat
not touch tber raid Turner Bennett direct ask
rce sby body else to do And this deconent further
saith that the ssd Conover did touch any one of the
books papers maps or documents belonging to the stree,
Commrtioper's apartments and be gave express Ia.
eirUciions In the Street Com ussioner's apartmeus
not to touch single book, map, paper docu.
ponent FUR her Saith that he was preseot during
nj the time II the discussion before Mr. scs Peabody
respecting the Injunction and that be heard all that
Paid b! any OF tue couns. the sab that NJ Field
did mt state that when iuuc OF the Common Plea.
came "a tim (Jucge Peabody (he said Field hoped
put II under his feet nor did W. Field da:lare tho ssld
Injunction better 'han paper What NJ
held said on that subject wv;-"n was sitting In your
pare the bench of the Supreme Court ini inc
ten should o,me 10 me hon the Court Of Common Pleas
10 restrain my ncdon, ~oud rampe untor my feet;r
rec'ed 10 every body twas no better than much waste
paper" ! b POLLOCK
Commissioner Of Deeds
Mr. b ADJ ,ad that a. tee testimony was very conflict.
ing, he would AK tina. the may be referred he
would Ike 70 have Jutee Pezboiy, Mesrs Hoye, Field
and Benh II uind these partce being di.iuterested
de thought that the statements In the adavits showed
clearly that contemp, had been committed
Mr. ~ N ohiec Oh tos reference, and ~aned the
70 ~ coed then the warrants sere issued by Iadge
Peabody before Mr. Bray ssid sord about the iounc
ton Bis vilsnt fi~rd -, ny Ia CO RI all the msraing
hse 80 ne aid Animal ~acbing for his psy. aud whle
ibe warrants eng sige@u he thra,t the mi toct
Into NJ Crn"ver's hsnd. n, had not time 20 rrsf and
could net tend rot haste w s,op The execution OF
rsus TIE testimony u nipe gentlemen u positive 10
The time the iDun tim served. He thought their
swer & every cns'ge ~ss nnmpc,e II 40 la be usrd
ship 10 give the referee ami he hardly tho gn
roud bel dec NJ spectacle 10 bring Juig Of the su.
~ emo Court IN here Stiffness. Bo,h 1ono and
counsel most icrupuour 10 re,p"cting hs Houors
INJUNCTION, ~ they sa< u; though b. OF op
mon that u bindirs the cousfabo. yet he al
vsed him, ont or respect Tor ,heC,urt toooey NJ 10
had touched book Street Com ussi ners
,lce stree lie boogDt PAPER his expense
write They had come there 70 .how cause, aad he
Mr reld) thought they had shown by the testimony of
rcspec'acls tneu
NJ Cuytis Noyes sld that n the Injunction mai been
contemoed the vost ought be punished
n n h 80 plain thai bs. been cnemoed, Mr.. Brady
rays, there need Of referee Whether Il b-eu
20 treated not he you'd that " there bad
con,rvapoe 10 get violated ceaid haze beea more
ssifaly planned. The ,pcston for the luod vas
made he 18th july While the procseaing- peni
ire hefore Jndge Peabody. aud ~ben counsel In
dos b. a. m whether he would the ran,s had
been served issued woud ba been only fair and
hnnorsbe; but kept back, ~ suit purpose, until
The warrants gone out OF court then oral proa
nation Of ~ existence made: the intentJ1 10
client into ~pg violation Of H. Mr.. Noyes
contepoed that u not que IN public jis 10 the
unse 10 grant reference 10 bring Idcal officer into
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