New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-12
LAW INTELLIGENCE,


The People the relation Patrick Marphy James W.
Nye ct al, Police Commsso Sc-
JGSge Peabody granted writ of alternative man
dauus this morning, commanding the Police Commis-
sioners to restore the restor 70 the office of police
man whence he AYERS that he has been removed lle-
gany, or 10 show to the contrary on Thursday
molnrg. The following are the papers in the case
PATRICK NUIPHYs AFFIDAVIT.
State of Nttc. York, CHy and County Of NU- York,
ss-Pa,rick Murphy, being duly sworn, says that he
resides at No. 81 Marion street, in the City of New
yO.b, thet h. is thirty eight years old and in his
thiity ninth year, that in the month Of November,
lceman, al the City of New York, for the term Of
icur years and received his warrant as such,
sigpsd by the Mayer a that time, of the City
the month Of January, 1857, depcnent was reap.
pointed sach policeman by the Mayor, Recorder and
CITY Judge of the City OF New-iork AMI was sworn
s.ce acted as such policeman, until the third day of
July 1871 whep Pursuant 10 directions Of the present
Mayor of the City OF New-YoIE, depoDeht, With the
other members OF the police in depoDents ward gave
I'D 10 too Police Captaia Of the Fourteenth Ward of
New.Y0k, the star and cap which dePoneat had
policeman aad pursuant to the orders OF said
Mayer, has since said third Gay Of July, waited for
fcrther orGeIs and directions fion the Commissioners
of Police for the Metropolitan Police District r the
State Of New.YOrk and from the Board " Police OF
TIA. D,uict; that deponen! has never oeen dschged
Gismissed from bis office Of pocersau to which ne
vas 10 p;.on;ed snd has never had any chscge or
compliant made against him Oh aay KIND
III
never since said second appointment OF June 1897,
bs6 any charge complaint made against hun Of any
Kind Whatever 20 his Knowledge; that deponeLt never
received, had served on HIN, any requirement or
Police the Metropolitan Poce District OF the state
of New cIk, or any complaint or charge against de
p0uent to or from said Commissioners or said Board,
or any notice OF any complaint or charge against hlm
to o. from ssid Commissioners sad Board; tha de-
yonent cen 70 and wf.o the English language, and
hss been citizen OF the United States for Ovet
1nl tvitb tha NJ.
trcpotsn Police District for twelve years last past
and las never been convicted ofany crime and is
by law snd hs said appointment, every way quaned
tc bold and dscbarge the duties of the office OF police
niaa an6 patfolInan oil the police force In said Dis
trct, Thai on the - day OF July 1857 deponens re-
ported hisek " the Board o. foce at tosT once 10
White street, in the City Of New 1ofk ana Gefea ni'
services rs policeman and patrunicen - sald boao,
and has since repeatedly reported himself ssecfe ana
offered his services policeman and patromeA ~ sa'I
Toafd; but bis services have been declined and depo-
pent further uudersta bds that sad Board majority
of tlom claini and state that depopent is removed
fom The Office of policeman aud pGtrolnan and is no
longer policeman or paromap OF said city, or OF the
Metropolitan Police District OF the State OF New YORK.
That depOneut hes Lo knowledge whatever OF any
such removal and is advised and believes that h. 10
still policeman and patroloau end member Of the
Police force of said Metropolitan Police District of the
State of New York, and entitled to all the rights and
compensation Of such policeman and patrolman aad
depOnent further says, that neither said Board
its Treasurer, any other person, has paid depo
nent any compensation rs pduOinan or polcemdu
''' WV ,'' Wy v ' PATRICK MURPHY
Z. A. srASsbuRY, Commissioner Of Deeds.
Judge Peabody granted the following
ORDER.
On reading ana filing the affidavit Of Patrick Mar
ply and on motion of A. X. Dyett, counsel for the
r-laior ordered that an alternative mandamus retarn.
able the 14th day Of August next, issue to the
Respondents commanding them to restore the rel4tcr
TO the office OF patrclman and member OF the Police
force vi said district, show cause to the contrary
before this Court, at Special Term, to be held at
Chambers, on the 18th day of August inst, at 10
O'Clock d. III. L. A. PEABODY.
The People of the State Of TO the Commissioner.
Of Pcce Metropotan Police District of the State of
NeyYola Greeting; 8. the time Of thu MANAGE of .b,
act " aD1 L rs.s1 s eRs
G:. 9s md "a, to 9' s Sea
present and the time the became ls~ vase patrol
duly appoieed and sworn; aud the said Pattict
S s sns PSee force o9 ssd District
S sds s5 IL. sssn .s CITIZEN ID TaSsd
sDd b sad .. bsn oSn
yu n S any Tt'f% oS Of Pc
lice. any opportunity being afforded to him OF being heaIi IN
h , SeH ssb. u aecved ae sad Patrick Mdph tc
the said ce aud ssPsd 1@ ysoorns s n a14
permit the powers and duties u .aca Pitoin
tdet to the ievou. damage the Patrick Murphy
informed by hi. compliant therefore we Se.oe willing &
pst6ck MURPHY as II just command you, firmly elJ)inns
you after the receipt of this writ you restore
nee force OF the said metropolitan Poe District and permit
exercise the aud TO take the proh and saay
pr.me Court special thereof be held at Chambers
IL In the Park in the City OF Newfork on
the i4b day August inst at 10 O'Clock le,t complaint
come to by your default and in what this
be executed make to our said Court on the
Of ASsI o s ,n psS Justice our Gaa sa
prsms Court toe cosithoa.e City Of No~Yo
townsend Dscta Raymond attorneys relster No 40
Broadway, N. v
TRIAL OF cOUcEAI, THE MURDERER OF EUGENE
ANDERSON.
AT 10 o'clock this mornirg Mr. Blankmau, counsel
for Aic se Coustm w1o 1T lnd IN iicted Tor the mur
der Of Policeman Eugene Anderson, made application
10 have the transferred from the Court oi Gencral
Sessous to the Court vi Oyer aud Ierniner Distfct-
Alton ey Hall stated that there was no 03Jecuon on
the part Of the Government, and Judge Peabody or
dered that the indictment be transferred accordingly
CJucem will be tried in September.
THE STREET COMMISSIONERS BOOKS.
To-day was the time txed ior Judge Peabody hnal
decision in regard to the disposition OF the books aud
pspers Of the Street Commissioners Ohlce. AT III
clock Mr.. Field appeared in Court, aud said that
,Judpe IngrSham expected 10 decide Ill the ln-
Junction aud contempt case this week; and, as the
Court had permitted the matter to stand 30 long, 1t
might be well TO let II remain unsettled until after
Judge Ipgrahams decision. Judge Peabody accord
inpy postponed the uatl Friday OF next week ut
II O'clock Judge lngraham will decide Oh Saturday
next.
DECISIONS.
John A. Haver agt. Cornelius Ennis ct al.-Moti0n
81 C. ''
In the matter Of an sppoI tment Of Trustee
VI the Trust Estate sg Jules Brelts, deceased al
Referee ordered to John G. Devereux.
COURT OF GENERAL sESSIoNS-Auc lL-Before
Recorder SMITH.