New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-24
LAW INTELLIGENCE.
THE STREET COMMISsIONERSHIP.

THE STREET COMAlISSIONERSHIP
At II O'Clock yesterday Judge Ingrsham. Of the
Court of Common Pleas, took his seat In the Common
Pleas Chambers.
After the transaction Of some business,
Mr. Brady produced an order Of reference, copy 81
which he had served upon the other side, to author
"ize the taking Of testimony in the matter Of the
"sleged contempt of Daniel ID. Conover."
Judge Ingrshsm stated that he would appoint Henry
Hilton esq., as the referee. if it agreeable to both
parties.
Mr. OConor read the order Of reference, a. follows:
The Mayor Aldermen and Commoniy Of the City Of New.
York, sst Daniel D. Conovsr, Charles Dsvin james o.
A motion having been this day made in this action,
for s..ssh%su sssa Daniel Ss Form II sS
Court in hi. seton the I'm day July ISL .ss
,r ss 'sa p.:
or motion saS Of Richard BUSTED ESQ., for =: plaintiff.
III ,s that sa' the asSp o and
such vltae..e. be produced before him BY 2, u
ss1 ss Of e be ss ;''s Ss
s' i. t hs IN. .Ss.: Day e. %
to duties. lame: Brady .s,.ss .'S 2:
Dsa action ssa ass ss
that such injunction had been served the said Ists
RE Ssy S and then.
then there and In the hearing Of such an
,op,i poss..on the search warrant nousd said ssvs
the time of ssd service and Of such A.
ward the thereof the times q such service and Of
and so that the said referee ascertain whether od
Dudley Field sIwn Bs s.s .1 Daniel t tS, ,
Junction had been Issued before the time when said search
is urt er ordered that said referee proceed forth
with in said reference upon tee delivery scoPy o. IN,
t, any party and that the PLAINTIFF hold the affirmative In
stricken out by the Court. Previous to this, Mr.:
Field in view fthe fact that the acts Of counsel had
been MADE a subject Of inquiry and cxaminauon sub
mitted the following amendment to the order, wnico
was abO stricken out by the Judge;
And that he inquire whether application made %
this Govt about the 10Th Of LILY e INTERFERE ., W.. "a.
application and what order mad. and where The s.s
sS Wow he end p.nsSn ii S s.
whether aterwsrd ste,cd and whether was seps :e
sst @ 1t
S e s" .ss1s, in xs:s =:
a ssas .. ass sGe va
July during an interval Of few minute: ostsusa p
s H f Ss %ssss
the the 1svy then made was the production Of ,S
wh.th when the mcticn 70 opsIseds the e.,so'a ~ss
%s snd an .sS s
~heticr Brady ocoaoJ any Ssa.. COUNSEL
note was subse quenty received from Mr. Hilton,
stating that he would act as referee, In compliance
with the request, Ii desired by both parties.
PROCEEDINGS BEFORE THE REFEREE
At4 o'clock the counsel and witnesses assembled It
the Office of Mr.. Hilton in Trinity Buildings to pro-
coed with the inquiry in accordance with the order Of
the Court.
The first witness called was Daniel Z. Sickles, whe
testified in substance that the injunction was served
upon Conover at the point Of time when the search
Ind d. bod 20 Mr.
tholf tie officer Of the Court
IN tbe xamin ston Mr. Field ELECTED the fact,
in contraventisn of the statement OF Mr. Sckies maS
be had knowledge Of the existence OF the inJuncuce
for several days before the 10Th lnst, tnot W. ouA1
Issued on the 18th inst. m
James II. Smith. Clerk in the Street Conmis.
sioner's Office under Devlin, testified that he did
not see Mr. Brewer at the moment when Mr. Brady
served the Injunction Con0ver though he had seen
him in Court that morning.
Frederick L. vultee, Sheriff. Deputy, who ~.
rested Devln on the warrant testified that no did nee
spe ak to either Messrs. Field Noyes or Brewer, %
the subject Of the INJUNCTION previous to its being
served, though he was aware OF It's existence; wnee
he left Court he Brewer and Harrington gong
down stairs, and he did not see Brady serve inc u.
junction on Conover he saw Brewer 10 Couu -
about the time Mr.. Brady made the snnoulcsme,f.
James Cummings, laboriDg man, swore that ne
guessed TO the best of his opinion, Brewer Wa IN
'ihe Courtroom" when Mr.: Brady spoke OF ans m
junction. He saw Judge Peabody sigo' VIM
svore that he expected work for Devn, being en-
Gagged by him, be suppOses for Corporation Won.
TIC rqury was then adjourned till to day.
THE BABEAs CORPUS.
The proceedi. gs having been concluded spoe '.s
question of reference in the matter OF Conovers ~
legged contempt, Mr.. Brady moved the discharge Of
Mr.. Deylin on the wit ofhabess corpus.
Iudoe Iperaham said that the matter he was to neef
in the case was in regard to the causes OF Mr.
mnrisopment. First, whether there was Jur,sdccuos
SoI the commitne mt; and second, whether tne ''~
| If the commitment was legal and regul.r. .o..
The various papers in the case were tnen ~. csss
vb;cb Daniel E. Sickes proceeded to argue sIS
on behalf Of MI Devn's discharge. IN. nj 60
are the points of bis argument which ~ wv
Guided when the Court sdjourned .. IT, J.sv NJ TIA
First. II is not only the rish, Da rhssbsr H. Jv-
Judge 10 inquire in this pocsecl'f .sns ths vsnsuk
49, psobody had jurisdiction 70 ssas 'u ~ -
ucS h;h Deylin Is held in CUSTODY, icr y nc 80
unIet ;.;d;c,ou then the warrant utte"y W." se~
he Inr;,dicton in Justice Peabody V nos 20
S eaemSa That presumption only exist: IN rslsesx
presun Courts, and not to inferof, Juflsoic9os -
% p;Oe according to the course u commos ~.
P'vTySsS There 10 no warrant wheteveS Ios sosS
~ he proceeding by Conover secinss Dsvn.
! Ss S"nreu,e Couit II was and !: summsIy
!n asaeg before the Justice, in which - posseSs
@s.e Sicri'y 20, power tasa w0Sla eavs s"seses"