New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-29

etctlO08
II necessary to previde in respect 70 the people
and the legislative bodies, Tor they had inserva s II
epose during which the appointing power must b.
dormant In all other cases the appointing power was
at all times capable OF action and could exert its sne.
ons TO meet tie emergency ct the instant il arose.
C.nse aueBily would be ound that 10 ell other oAses
OF office held by appointment, the statutory provioss
relative to The particular Office cover all vscsnciss
however arising whs ther by death, resgnst0s. re-
mCya forfeiture, or expiration OF term. Tho Ceast
tutisn Art TO- s. forbade the giving ct this power
to the Government
TIE ALLEGED CONTEMPT OF Mr.. cosevER
The only witness examined yesterday before Mr..
Hilton the referee appointed BY Judge IDgshsm. wss
Dudley Field, son Of David Dudley Field, senior osus-
eel for Mr. Conover He stated in his testimony that
be was one of the firm of Field & Sluyter, and VA
present in tie Superior Court when the Occurrences
testified 70 TRANSFERRED Alter the warrants hand
ed to Judge Peabody to sign, neither Of them was
given to witness nor did he touch either Of them after
they were handed TO the Judge. He heard Mr.. Brady
make the announcement to the Couit that he had
served INJUNCTION on Mr.. Couover, At which time
he does Lot know where Mr.. Brewer was. He looked
fer him in the Court but could not see him. He
did mot leave the Court room with either Mr. Brewer
ar Mr.. Harrington lie left the building after Mr..
Brady made the announcement, and after Tie Goa.
stable had come in with load OF books.
On the cross-examinaton, witness stated that hs
rst informed of tho issue Of the Injunction Of ths
Court Of Common Peas by the announcement Of Mr..
~
rogtCn until he entered the Courtroom that morning
with the books, nor did be know Of his employment
until then; he believes that the search warrant, a.
originally drawn not directed to any constable;
be as out Of town when the original was drawn; he
altered il 50 that il directed to any constable
well the Sheriff; he thinks previous to Judge Pee
bodys decision that the certiorar' was stay; he
does not know who requested John X. Harrington 70
be in attendance that day; be did not see Joseph b.
PoIo,k 90 out Of the Court.
The remainder Of the testimony was long and
TEDIOUS statement Of the mnuti9 Of the proceed
ipgs on the day when Judge Peabody signed the var
TRIgUsE.
SUPREME C0URT-srEcAL T.sn-JvLr 2a-BsseesJs<ss
WHO SHALL By GUARDIAN Or THE srAsLr GILL
DREs IA REyKREScE oRDERxD:
In the matter the application Of Marcus Stay Tor the
spponimen. Of guardian Of the pssoas u
Claude O. stsnly and Ella Stsniy.
The applicant in this case Is the Mr.. Stanly, %
whose petition the Legislature passed IN act last Win
ter lesitimatzipg his children by Eliza c. Farchid,
which was 30 hastily repealed on the petition OF the
mother, who was averse to the fathers having The
custody Of their children. He now moves fox the
appointment Of John J. Dosne, the present RegistaS
as guardsn The ground of his petition 10 that Mrs..
Fairchnd is keeping her boy and girl In dsrsputabIs
house. 1888 ga
The following is Mr. Stanlys tan
To M. Honorable Of the Jssees Of ns Sspye-s cosvf
ne state q He,0 Yo,hj Fi''t Jsdieei Ds.''sst
This, the second petition herein Of Marcus u Ssasy
ofthe CITY of New. fOik, respectfully showethThstoe
or about the 18th day Of December, 1854, your Rso-
tioner presented petition entitled herein to the Hon
orabe James j. Roosevelt, then and now one OF the
Justices Of thi. Court copy o. which ne S';o m
such petition, order was made, certined copy "
which s hereto anne xed marked B.
That on the 18th day Of said December, Mrs. Eliza
Al l,a.~ GfsrI auin hAA
personally served with the said petition and order sP-
peared before the said Court In person and by counsel
that reupon order was made by said Jusice,
Iefenrg TO John Crosby, esq., tho matters set 10Th
in the Sold petition and directing hin to take proof Oh
the material facts therein charged and to report tho
same to this Court. ..l .
That at the tngs before the said referee TO tho
number Of seven or eight, the respondent saia Eus
appeared in person, and also by counsel and the sad
ref, renee diligently proceeded with by your petit
toner until about one hundred ard hy folios IL tcst,
moby had been taken his behalf That on The yam
day 1T February 1885, the proceedings before tho SAIL
referee were suspended by mutual consent Of Tie 70
ID, Give counsel the NATTER and order mao BY
Il Hon. Robert II. MOnis, deceased, then one OF tho
he reto anne marked G. under and oy which Lyade
L. Fens, then Of said City VI New-York, physician.
was appointed the guardian OF said infants, Claude
G. ond Ella Stanly will be more fully percei Cd By
reference to the copy OF said order
That the said Ferris such guardian entered upon
the peI:s OF his duties sdiatey theresf err.
and timed TO faithfully perform the same up 70 as
18th day February 1856 at which time ne re,noved
has taken mp his permanent residence with his family.
That h. day at the request Of the said guardian.
your petitioner applied to this Court for an order which
shoud release the said guardian iom the powcIs COO.
fened and duties imposed by the said order of the 9th
day of February, 1855; and that thereupon order,
a certified copy of which is hereto annexed, marked
d. was made and duly entered, through and under
which as will be perceived by reference thereto tho
said guardianship was made to cease and Determine.
That during the whole of the time of the sxisteaoe
of such guardianship your petitioner promptly and
fully complied with the terms VI the said order Vt the
24i dsy If Februsry 1885, by which he was directed
te make certain payments for the support and manto.
naLce of the said children and that since the operation
Of the said order suspended he has continued 70
make proper and ample provision for their supportsnd
msiDtepance ead that b. il still dessous and able to
still further contribute moneys for those objects
That since the departure Of the said Ferris from the
City OF New-fok be has not nor has your peotoaer,
exercised any control whatever over the culture, edu
cation or formation Of the habits OF the said ehildren
who have since that time been without any guardian
whatever That since then and up to the present timo
they have been and In the custody and under
The care Of their mother who controls them without
beir responsible for her acts in that behalf nor tor
Their moral culture to any tribunal or person Whatever
That since tie departure Of the said Ferris, your pc
titoLer has seen the said mother and Of the said
children, in Of the most public thorougafares IN
this city, in company with woman OF abandoned ana
grossly immoral character and with whom, under the
surersnce and consent Of the said mother the said
child was cCnveIsiDg. r. l.ii. eilt
That your petitioner has reason to believe sad
charges that the said mother Eliza c. Fairchild is
own sex OF depraved character and Of loose ewd sa1
Immoral lives and condnct, who permitted 70 see
and converse with the said infant, they being now
arrived at an sge when such Influences wn e1efc''s
That your petitioner has consulted with seysss gen.
tlemen II high standing, who Iesde ia the City q