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

the law IL ,upreme and must be obeyed.
Ah.r impre.ring upon the the necessity OF e1 70
ercisirg moderation, patience vigilance and frInnets,
&c, Mr. Faconcr concluded amid applause.
SEVENTH WARD POLICE.
Sergeant Cameron Of the Eleventh Ward, last even
ing proceeded 10 the Seventh Ward Station-house'
pursuant to instructions received from Deputy Super
inteDdelt Carpenter, for the purpose Of reading
notice TO the new police directing them 20 report
themselves for duty at the Seventeenth Ward Staoh
House. Captain Let's refused permission to have the
document read or word said to the men. Sergeant
Cameron Ii IN retired outside of the building aud READ
the order" in question TO the men as they lett tue
Station House hut that portion Ofthe force there VINO
favor the Mayor set up such yelling aud screening
that of C, urse none Of the others could well learn the
import Of the document.
DISCHARGE OF FERNANDO WOOD on THE HAbtAs
CORPUs-A SECOND WRIT Isst Ed.
At O'Clock yesterday City Judge Russell took Ms
seat on the bench of the Court of General Sessions u
render his decision in the matter Of the application tor
the discharge of Fernando Wood, writ OF haoeas
corpus from arrest under warrant Issued oy he-
cOrder Smith.
After taking his seat, Gilbert Dean said: May II
please your Honor, before proceeding TO render
decision in this case, beg leave to present another
matter that deem of Importance to bring before your
Honor. have the petition OF Fernando Wood, when
" i'll read with your Honors permission:
To &e Hon. T. D. Russell City Judge Of the CITY and county
Tie petition of Fernando Wood shows that he i re
strained of his Liberty by J. c. Wilet Sheriff OF the
detained by virtue Of any process issued by any Court
Of the United States, by any Judge thereof; nor Is
be committed detained by virtue of the final ludg
nont or decree of any competent tribunal OF ciVl OF
L. ata aNaG
issued upon such judgment decree that the cause
or pretepse of such imprisonment according to the best
Of the knowledge and belief Of your petitioner is
several warrants issued by the Recorder OF the Cy
Of New-York for the arrest Cf your petitioner for mis-
demeanors alleged 10 have been committed by your
petitioner while acting as Mayor of the City OF New
York in the discharge OF his oflcIGl duties as May|r
said city: and your petitioner further shows that he
believes that laid warrants have been issued by per-
sonal and political enemies and for the purpose oil
gratifying per.onal and political malice only: where-
fore Your petitioner prays that writ OF habaes corpus
is.ue dire cted 10 said James c. Wett, Sheriff OF SAID
CITY and county, directing him TO bring the body oil
Fenar do Wood before your Honor forthwith together
with the cause Of his imprisonment. Dated The 18Th
dav of June 1851 FERNANDO WOOD.
titv and Couaty IF Nes- York s,-Fernando Wood the
facts set forth III the above petition S % %
'"'iN Oe'''' NV A. D. RUSSELL, City Judge.
Mr.. Dean lresumng)-I ask that your Honor will
grant us the writ of habeas corpus, which the statute
gives to every citizen as right and ask moreover
that may be made returnabe at the office OF the
Mayor, room No. 6 City Hall, forthwith.
Judge RUSSELL don't think it will be possible LOT
me to hear an application on the writ OF haoeas
corpus, though am willing to issue the writ and
postpone the hearing.
MIR. Dean-We only ask that the writ be issued
it is undoubtedly the right of your Honor to
postpone the hearing. We suppose that under pre-
sent exigencies the Mayor should be kept in the
citadel If the writ is granted are willing that
the hearing be postponed to any term which may
suit the convenience of your HoNor.
Mr.. Hall-(Tbe District ttorney)-I have nothing
to say on this matter; but would suggest as am'cus
curid to your Honor, that :" a return forthwith Is
not legal and it is a mistake to draw up habeas
corpus in that way The expression of the statute is
Immediately upon the service of this writ"
Mr.. Dean-I am willing to put it in that way.
Mr.. Hall" Forthwith" means nothing. Your
Honor had better quote the language OF the statute
Mr.. Dean-We think that the present emergency is
such as requires that the Mayor should be in the City
Hall.
Judge Russell signed the writ Of habeas corpus
A. follow and handed it to Mr.. Dean
TIE Peouie # The STATE Of N-tr, lork -. -. A. VI
To Jas c. Wei Sheriff OF the City and County OF New'fors
We Command you that you bring the body of Fer
nando Wood, by you imprisoned aud detained, as II Is
said together with the time and cause OF such lnprs
and detention opment, by whatsoever name 1t sha De
led or charged. before me at Room No. of the
CITY Hail. in said city, Immediately on the service OF
thi: writ to Go ard receive what shell then and there
be considered concerning him, and have you then and
there this witt urypv n,vIys 90,
One of the Justices Of the Supreme Count on the 18th day
of June one thousand eight hundred and hty seven
''-' '-' RICHARD b. Connolly, Clerk
DEAy& DoSoHuE, Attorneys for Petitioner
Mr.. Dean gave the writ to Mr.. G. G. Barnard, and
reouested him TO serve it on Sheriff Willet who was
seated within the bar Of the Court. Mr.. Barnard
served the writ directed.
Judge Russell then delivered the following decision
in the matter of the proceedings on the writ OF habea'
corpus previously issued:
IN THE MATTER OF The WRIT OF HABEAs CORPUS
ISSUED TO INQUIRE INTO The CAUSE Oh IhL M
PRIsoSMEST OF FERsASDo WOOD.
AD. Russell, City Judge
This case comes before me upon the application OF
Gilbert Dean for writ of habeas corpus TO inquire
into the cause of the imprisonment OF Fernando
Wood, Mayor Of the City of New-fofk. by me re-
turn Of the Sheriff 10 the writ, It appears thIt ne ar
rested the Mayor on the 10th instant ana that ne
de,ains him in his custody by virtue OF warrant
Issued by the Recorder Of the City OF new OK, IN
which the Mayor ID charged, III connecton WI. Cues.
Turner and John w. Bennett, with inciung 70 q not
in the City of NewYOrk the lJh ana iotu INSTANT
and with assaulting and procuring Others to assault
one Daniel ID. Conoyer on those days. speak Of
Mr.. Wood as Mayor, not because he is 80 designated
in the charge complaint against him. but because,
from what transpired before me, It appearod init Ne
was in fact the Mayor of the City of New York and
that whatever he did on the occasion referred to was
in that character or capacity. On the part OF
the applicant for the writ a' Sesyin 81 the the
sutIciency of the affidavit or complaint on
which the warrant was issued, and alleging the
official character OF the Mayor bar to arrest or im-
pr onIne Ut for his official acts The learned District
= i A. IL. l