New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-03


the building pulled down in 1853 or 1854.
Op the 18th OF April the Legislature adjourned. va
the aist Of April. four days after, an in)uncuon was
0btsned from Judge Davies against the execution "
the Police Act, with an order 70 chow cause on tue
18th Of the same month why II should not DE ccntn'
ued An application was made to shorten that order
ard The time was changed to the sd. IL was argued
the 3d. 2ith and 25th and was decided on the - IN
But Sir in anticipation OF the decision, quo rGr'
,anfc wss filed the 18th Of April aud another abso-
Lutte Induction was obtained from Judge Roosevelt
eroining the action Of the Police Commissioners
Judge Roosevelt refused to grant an order to show
cause why the Injunction should not be modified or
vacated. and an order TO show cause was only OBJ
tsiped from Judge Peabody granted on the SSsh and
made re.urnablc on the 3oth The motion was argued
on the 3Oh Of April and the Let and I'd days of May
and on the I'd day Of May the irjunton was
dissolved On that same day msndamus
was moved for to Judge Russell BY his
associate the Mayor, for the purpose Of getting up
colu,ive decision in respect 10 thst same act. The
guO lcGrraA,o argued early in May, and the ques-
ton was decided the 18th by the Court in General
Term in favor Of the constitutionaly OF the law. But
Notwithstanding that decision, some Of the counse.
tand who engaged II this cause ayowec ina; they
should r at that act much waste paper and that
il should ret be enforced except AZ the price OF oooc
The went before the Court Of Appeals, and was
argued there the 18th and 10Th days Of June, dur
ing which days the occurrences which am now 10
meLtOn took place.
On the 9th of June, Mr.. Joseph S. Taylor, the
Street Commissioner died. On the 12th Of June the
Governor OF the State appointed Mr. Conover to MI
the vacancy in the Office caused by Mr.. death.
On The 18th Mr. COnover filed his official bond, took
his oath Of office and entered the apartments APP
propriatcd to the Street Commissioner aud began the
performance of his official duties. lie was foiclDy
elected from the apartments BY an armed mob, by
whom instigated il i. needless to say. The next
day the 10TH in consequence OF that orcibo eection
by rictous mob, q civil action was commenced
in the Superior Court against the persons concerned
and warrant was taken out from the Recorder as the
g .;,.i, al aufln
that the Mavor had filed this hal in which YOU are
now .ttipg with several hundred policemen, deter
mir ed 10 resist the entrance OF anybody who had any
thing TO do hostile to the Mayor The Coroner was
resisted in bis effort 10 the civil process, and the
police were resisted in their efforts to serve the crm
nal warrant. Application was then maze TO the he
corder for criminal warrants. for the arrest OF
the Mayor for resisting the civil and GRIM
.istsd in their turn at the price OF 6lood-many
OF the Metropolitan Police being badly wounded
by the armed mob then congregated in this Hall ana
il was not until the military was called OUT tnat Lae
arrests were made and submission enforced But
even then though tho argument in the Court OF APP.
peas had been heard, by the Mayors authority the
CITY Government was still a1syed IN opposition 70
the act Of the Legislature and the decision OF the SUI
pene Court in favor Of its validity, determined ina! II
should not be enforced aud the counsel OF the Mayo
went go far as to declare in open court IL the pres
enoe Of the Judge who had delivered the opinion ct
the Court in General Term in favor OF the constltu'
tonaly Of the law, that the Sletfopor'en ROUGE was
a bogus police and using language Inappropriate
before any court that the law would be resisted TO
the last extremity.
Now. Sir: Mr. Conover, being thus elected from the
office # Street Commissioner, applied on the Dn OF
June 10 Judge of the Supreme Count, for an order
10 show cause why the books, papers, &c, OF tue
Street Comuis sioners Office snG which he had never
cot into his possession and which Mr.. Deyn then had,
should not be delivered TO him. That this was pro-
ceeding in form and according 10 law-that It was
a 4 L., ti,a ria no ma
II was a proper remedy for man who had been
wroneed all must ooucede The proceedings were
strictly regular in fo,mthey were carried on peace
fully dur!g the 3d. 2ltl, a5th, aud the 9th of June
ire Goth Being Sunday and the decision was Az
ioupe6 TO the 9Th Of July But on that very ?ta OF
June, on which day the argument was closed before
u &c Peabody the SCI the other SIDE obtained
from Judge Roosevelt an Injunction IN the name Of
tie Corpcrator-the very plaintns heie-asaias. sa.
Coroyer eroinpg him from ticking possession OF any
OF the books papers &C., Of the S!re.. CommsSioL-
ers Office or Interfering With them IN any way what
ever. THIS Injunction, though taken out on the
9Th of june, was not served uStil Tue "a aIy .,
Juv AZ five O'Clock in the afternoon, WITH an
order fcr NJ CoDo7er. counse. TO SLOW cause al
eleven O'Clock the neat morning Al eleven
0 clock Mr. Conoytrs oounscl appearec ana wasreauy
to argue the case. But the Ccuuse to the Corporation
and Mr.. Deyin were not ready:were not prepared to
argue aud they asked to have the hearing ADJOURNED,
AID aysinst the .emonstrances o. NJ. ConoveI coun
sci it was adjourned to the Sth OF July GA that day
Mr.. Justice Peabody pronounced MS ceoisioh. linen
tho cocs,i Insisted that the prgurent on the aulc'
;icu sboud be heard before the olcei was :eted by
Mr.. Jr,.;ce Peabody. or anything zone upon It. -:
nears cf that attempt the ease was contaued before
judge Pe al ocy up Ia ;be l0h the argument going OF
before Judge Roosevelt in the mean time. On the
I0tb when the order was settled by Judge
Peabody and segned by him, this lDjunc'
ton OF Judge Roosevelt. was nterposed as a
reason why Judge Peabody did not issue the
warrants, and while the argument was going on upon
frnp
DeTl lin, and went before Judge Davies below and in
less than five minutes they appeared with that cerio-
ro,i; and though it afterward appeared that Judge
Davies had refused TO grant stay OF proceedings
pending the proceedings on the ce'tord and did not
btebd 10 be stay of proceedings, yet they held that
the ceriorari stay, and Judge Peabody, avoring
Il view Adjourned the matter over Until the follow
inc Monday, Judge Roosevelt having adjourned bis
decision until the following Tuesday On the ioh OF
July. an order TO show cause, &C the llth why the
,rrtiOr0Ji sncud not be superseded, wac OBTAINED
from Judge Davies. But on the llth it was OBJ
cted to because they were rot ready to argue thst
question 'he asking RpoTsmnt to s iI To 0nst
pope the hearing to that tmei thus Sir you will Oh.
sye so arranging the order as TO nake the argument
before Judge Peabody on Monday, the decision OF
judge Roosevelt On the Temporary injunction on tues
day. ana the argument before Judge. Davies on
Wednesday. On the Monday, however. Judge koose.
vel. having prepared his decision, came into Court
ard decided % refuse the permanent Injunction and 20
vacate the temporary injunction then II iorce.
JUDGE Pe abcdy at tie came time limited that
he should not haze regarded the injunction in
teciong upon hi. action, but the cert,wof
he regarded as stay of proceedings, and we
we're forced into an argument which .as'ed Monday
ard Tue;day On Wednesday morning Judge Dawes
took bis at On the bench to hear the argument about
H. ,,,,ireas but the counsel insisted that he should
stt urn that s.sunep. ur'i! the decision of J1dge
Peabody s~d he fit siy concluded 70 scjcurn and Ola
adjourn The hearing until Friday. On Friday Judge
Peabody decided tina. he was pou9a .! Inc ss''@gt
,,;.s IL tba Ia supeysfde n