The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-24


psintn Daniel Conover forcihle possession OF
Inc office OF Street Commissioner there vas an excitement
the City Hail. and that more than double the erdi
pay number OF persons wers ia the office of the
Mayor on said 10Th, and seeking interviews with hia
that time after noon Of the sad 10Th Coroner Perry
called at said outer Office and Informed deoonent that he
vented W tho Mayor that deponent usual
ner. announced the Of sail Perry that Mayor
replied am engaged and capno zee any person now'
that deponent did not know that said Perry had any
procefs Of his Court - serve, and did inform said
Wood that he bad any process did said Perry inform
deponent That he had any such process Deponent fur
ther says thas The answer given said Perry had
been given others during that day and that he knows
ry called actually engaged in the transaction Of important
official bunefs Deponent further SAYS, that he used
violence toward said Perry on the said 10th OF June nor
did he ese any violence TO wards him. That
short time after said Perry had le some person was
admitted to see said Wood; that almost immediately de-
fendart was called and was told by said Wood II said
Perry came again 10 admit him. and To seud
seDger find him. that this order given by said Wood
a. least one hour prior TO the time Of the collision
the police at he steps Of the City Hall Depouent
further says that about O'clock p H. OF the same day.
said Perry again announced his pane, and forth With
admitted 70 the Mayors private Office and that said Perry
came In alone, and unsccompaied by any MILL
taTy or o!her officer or person ,,,,,s,,
Sworn before me- this 22d June, 1857 VIM MACKKIIAR
Commissioner Of Deeds.
AFFIDAVIT OF THE SECOND MARSHAL.
City and County Of Neso Fork ss,-Georgo w. Hlncbman
being duly sworn says-Thst he the Second Marshal
and that his desk and place of business liz In the Mayors
outer Office in sad city, thai no saw Coroner Perry in
said outer Office on the 10th June inst that his attention
called 10 the fact Of his by some loud TALK
and that he said Perry walk of said Office, and
said Perry In SAL office. G. W. HINCHtAN.
sworn before ne his 22d June, 1857. VIZ MAGELLAN
AFFIDAVIT OF CAPT. ACKERMAN
Oily and County Of Neo York. Abraham Alderman,
Of said city, being duly worn, says that he is police
Frederick W. Perry that he present the 10th o.
June inst In the Office Of Mayor when said Perry
called that deponent shook hands with said Perry and
each IN oil n r
DID not bear rsid Perry mention the VOID warrant order
Of arrest Thing to any action or 10 any &C
ton deponent further Gays that the only time during the
day ON the l6sh June, when he or any person in
his presence touched the said Perry, was when
by the hand; and it is not true ths. the
deponent any one In deponents presence told said
be turned out Of Se or sst he seized aad Perry
and forciby and violently elected him. said Perry from
said apartment or from any apartment Deponent further
left the Office of Mayor he heard the Mayors kessen
GER Mr. butcher send persoa to ind said Perry by, as
sworn before ne' h aIs aad june WIZ MAMIaR, Com
missioner OF Deeds
JOINT AFFfsAyIr or NINETEEN PERSONS.
Oily and ObuRty Of Nesb York, G-Wilham Murray, C.
Brown, w. PSnscran, Isaac s sharp jas A. DeCiark,
John Moon Patrick Rely Jos Garrison Isaac T. Reddeld
Vile, Jas r Downing Peter D. Dsmsrsss, Robert
Miller, George Weeks, Ed Scanned and Henry Harrison,
being each severauy sworn doth for himself seve-
rally depoee and say that he has heard read the
affidavit OF Abraham Alderman, and that he
present in the Mayors outer Office In the CITY Hall
on the 10th inst, u the time that Coroner Perry
applied for admission to the Mayors private office, and
that he knows that the facts stated In raid affidavit OF said
Alderman are true 30 far as relates TO the interview be-
said Alderman and said Perry and far relates
to the fact that said Perry left the said outer Office Of said
Mayor voluntarily and without any force violence being
used By said Alderman or by any other person towards
sworn before WILLIAM MACMILLAN. Commissioner Of
Deeds and signed BY The above nineteen persons.
Counsel for Mr. Conover in reply said,-I about 10
between these and that presented the other sde but
IL enough 70 show that there contradiction which
sns hi: ssss ..ps saS very
crcumstaniial, and about II thcro DO mistake,
uness there u perjury somewhere. To say that nobody
in the Mayors office knew that the Coroner was civil
hardly ready 10 believe. But these points will be
considered at another time The most usual course
now ask for the appointment some proper person to
take the evidence In this and examine Wood under
oath, and these other witnesses, thus giving oppor
tunty 10 cross examine them, and with such cxamna
tioo before referee, viii be content That the Court
power TO do will not think, be denied appears,
according 10 sect 49, 626 Of second revised
have been into court shall have taerein
facts scsed against de endAui
surOg his answer thereto @ VII Oh The defendant shah max
Court shall allow The Cour, receive any adsvits
or IN cnnrmaaos ihsreo and upon the original sasvs
such sns:ss and such sabssauen, proof shall de.ermae
s Sset inc ' 'a''' ''' 0ssn so' '' INC "'0n'a''
Here we have the power in explicit langusge-arne
Court may receive any afoavlu other proofs" Now,
In where, according 10 the snhdsvt Of my CLIENT
the defendant has been guilty of this contempt-guiy OF
this gross misconduct, which ,hressned to involve the
The power Of the Court order reference very clear
viii be reen by section 27l OF he Code;-
Sec r. ws. s fer s be ery d.
pcauon Of OF o. own motion wnsr. The 70
law, direct reference In the following
Where the trial Of an sue Of tac. shall rsquirs the
may be directed and decdethe whole issue
or TO report upon any specific question Of fact Involved there
xss,. Ss s.ng Of ssssuD' sa Be for
alucgment or order INTO effect; or,
arise upon others se, any stage a.
1. 70 the third subdivision Of the above that would
refer when the parties do not the Court may
upen tho application of either party upon Its
lion, order such reference The right Of the complainant
estgat being contemplated by the statute
desire opportunity 10 examine and cross examine Wood
any other witnesses woosc testimony may be put in.
truth n these afidavits true. There is faschood-
sroer, papable alsehoot-somewherc The Coroter de-
tmaed 70 him yesterday that evidence Of this chrsc.
would be introduced, and he therefore called upon
and said that be wished examinaon and pre-
pared TO show that there deliberate intention 70
elst this arrest
Counsel for Mayor wooden the AFFIDAVIT, upon which
this order granted and iv total insucicncy would
have BEEN just cd In coming int alone upon that
and demand d,charge but the defendant having been
grc,ly misrepresented and determined
10 meet the sfidavt though entitled 10 all
confederation claimed for H. and present the ats OF tho
% the Court very easy 10 shos
how the mi apprehension occurred and how resistance
might have happened without any intention the part Of
May Wood and, the contrary, far from resisting
process Intentionally he will be the fret 10 respond
the proccs Of This any other having jurisdc
ton him He has not In any nterfered with
the acon Of any court The insufcency Of this affidavit
TO hold the Mayor on a charge OF criminal contempt
IL apparent Perry does not pretend 10 say
thai he saw Wood, and he cannot positively
testify that any one informed Wood Of his busi-
He names no person who communicated
his message and In FACT does not know that he
IN the private room Upon his own statement, your
Honor could no. grant attachment against pro
pe,y let alone the criminal attachment for contempt lie
did no, the Msyor-did not see Fernando wood-hc
could know he In the house. We, however,
fully II attachment had been issued, and
here interrogatoes. The Mayor did not