New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-23
law INTELLIGENCE
THE STREET COMMISSIONER IMBRoGLIo.

l-1roEsss ont Of the contest inVo'N'ue 'io"" ~
of Couover and Devlin to the office OF street Com"'
soner further than the readipg OF the adaVts anu
,,,srp;pary argument before Judge Ingraham on the
babsas corpus, resulting in an order of reference to
take testimony on contested pout, and the moving
on of the motion of Mr. COnover to vscae the injdnc-
lion restraining him from taking possession of the
books papers, &c., of the Office, and the reading of
! ahdavits in support Of the motion. week will prob
ably be occupied before decision be had when
Mr. CoDover will be placed in possession of the ar
chiyes Of the office uuless in the time an Djunc.
ron shall issue out of the Marine Court with the view
Of anticipating a failure OF the factiOus opposition OF
psyp continuing the interruption of the business OF
that Department.
Soon after IL O'Clock. Judge Ingraham took his seat
| 90 the Bench. Tue first business IN order was
THE HApEAs CORPUS.
Mr.. Brady proceeded to read the traverse to the
return Of the Sheriff to the writ. The traverse is
signed and sworn to by Mr.. Devln. He sets forth
the facts that after the heath of Joseph s. Taylor late
| Street Commissioner, he was appointed by the Mayor
and Board of Aldermen, on the 10th of June, to gil
The vacancy that on the day he fled his official
bond took his official OATH aud assumed the dutes Of
the Office took full possessioe Of the office books,
&c., and continued in possession until his arrest ON
| the 18th iust
, The traverse next goes into history of the suit
by Conover before Judge Peabody TO obtain posses
sob Of the office, and tue books &c, appertainng
thereto down 10 the issuing of the order Of Judge
Peabody The traverse Concludes as follows:
nh That the only claim title
Cumissioner pretended alleged by
proceeding before sad Justice was thc appoint
Of New YORK stated and firth in the aforesaid complaint
that il not N any way 1..eo or Snsd ~ or on be-
said A any book 81 paper e1Osnf to SAID once h1a svI
time during any vacancy in said ooe OF Street
Commissioner at any tine before the period duns which
alleged in fall possession of the said oco aud Of the books and
4 pseeis sppeIsinins to the same. ,
Ju.cs Peabody on the 10Th day Of July 1857 sod in the
different proceeding other different authority
power duty right than such order the said Justice did on
COnOver which forth in the wit
sess corpus aforesaid that neither by complsin
of fact whstever appear before said Justice in
he Issuing Of SAID warrant against the said Charles Dcyuex
eep, the alegstn said Daniel ConOyer in MS
S At the time of issuing and service of the said warrant
I Of one John FaTrnso and others seized and took into
the possession of himself and sand Farasto all the books and
s. StlSns na pd papss. S
6yIn4 and thin the poe.sion said
aid the SO Sas d Gsra psn that
upspm.nt and detention aforesaid unswtu because,
n the Ss ad Daniel c1osei was not aud not the
Street Comni.,9nt =. assr1 by h or suvc . u thas
Desn and such successors aud aiss tna tue
and 30 d Charles D. and thu said conoysI had not
undpued right 10 the custody Of such books and papers
oecns before .sd Justice in that behalf And
Devn further insists that the said imprisonment and de.enton
unlawful because made 10 appear to said Justice
said proceeding that any book or paper bongDs or appe
tanning to said office had over come to the hands o. the 'a
any vacancy said office OF Street Commissioner, at any
he in hi. said complaint adsvit, alleged in full possess
tie said Office and of the books and papers sppeanins
Mr.. No,es stated that some Of the facts stated in
The tray eIse Irrelevant, and others aaccurate
aud still others they denied. He asked therefore, for
time to prepare to take Issue after iul examination
Ofihe traverse.
Mr. O'Conor said that toe facts and the evidences
in possession of Mr.. Conovers counsel and there
was necessity for delay. He urged that the case
| 60 on at once.
Mr.. Field conterded that the statement of the
wSiirsgular and imperfect; they wanted proofs as
to many facts stated there and they desired to have
| rec,ld for u review il Necessary
Juoee ngraham decided TO lay the matter over un-
| tl III O'Clock this morning.
The ALLEGED CONTEMPT OF COURT.
The BE- airing then up the order for Mr.. Con-
over TO show why he should hot be punished for
contempt # Court.
Mr.. Brady then proceeded TO read the following af.
dsvs in support OF hs motion to punish Mr. Conover
AFFIDAVIT OF JAMES t. GRADY.
City and County # Mn-loyk ss--James T. Brady
ssns duly wO p.n 1:yT1s on the sh d., Of Js instant
tbs sciion the adavit Of Richard Busted eS ysryns the
therein made Special Tenn before the Hon Daniel nsa
4 han On the nth day Of July instant.
That such service made BY delivering copies Of said
Tsp said personally and that the copy order for
uneon aforesaid duly certified such copy BY the
Dponent further seh he delivered said papers Como
the when the Hon Charles A. Peabody handed
Henry BerthOlf the warrant just signed by said
Peabody In the BY Conovcr against Charlie. Dew
o that .%eS ~sn R& not YET passed
sy' q The bands Of said Berh been delivered either TO
Mr. Field or Constable Pennington.
That when OPPONENT served the psp-r. Mr. Conover
s sstS beside bis counsel at the table adjoining the Judges
Dcpt further .ei,b read the . iavit
Proceedings in the apartments Of tbs Street COMMISSIONER in
sis 70 stns possession Of said apartments or Of any
M 6Snoys, ''''' 'N'A JAMES Brady DIf ="
o"''h 70 'ri' the 2sth day Of JAY IG57 before
JANIS SANFORD, Commissioner OF Deeds
THOMAS CARROLL AFFIDAVIT.
Ia N.aaiio" OF said city, being duly sworn SAW
ns on tns s,s d. 0, Jal, instant he ervea ce6ed copy
nssed john Fsri,s,s ~ zen nei,.p
ny ., ana, said service msde on ssd Furug
Records In this city when he was seon, =, x.s .,c
ia ~, ued ca ~ M Jus,ics Peabody for the books &c. In
N once OF ssid street and hrf ~, ~, Ia ~,
ssn bed taken any books, paper map. or Soen%t b,
ns At the time OF such service Opponent ins, at, p
ason that be desrous to make copy Of The i ii
20 and Asked said fafiinston II he would p~ri,
SAich harrington answered Certainly - NJ hsoli TO
Spolels seated himself in the chsir usually occupi.d
S@~n Brew. .SI .as s .s %s 2, making such
such injunction order; that d-ponent handed said
esetins ssa Fshostons attention to said ipapeon'
as,,, @ -. ne, included In this inunction do6 not TO-
nstoa ci ~, only rest, the sheriff " upon which Far.
Tai N. a 90; will and act under the warrant
1s g.. = saaesd bst 70 this dposent tho :sd
Toe tbs ssl s ocponent thSn tend-fed the said fsnus
s: s's :. s,Issd whch 'sid Fsosos then Tor