The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-08-01
with his argument Of which the following Is summary

VI
70 aid In enforcing the process Of tina, court
Second If th. Cour could aid the supreme Court In
enforcing process the occasion for s aid has ceased
because the certorari has been superseded
Tnrd-Iti 10 manifest that the injancton Was obtained
and used for the pose OF producing delay and emo.
raesmeu prosecution OF h Greetings before Mr.
Justice Peabody II is said that he Injunction original
obtained the 10Th Instant bu, as no. ser ed and xep!
till de 18th. ostADed On the legation that
the cetorar had issued and would be dseg>rdeo o the
Judge whom issu d. but II WAS not used TILL the
ceriiorsri superseded II, when obtained,
il was int nded be l the teas then
the act Of obtaining cannot he too stroi gy
for he cerora thus have been made the retence
Of obtaining the Injunction stay the proceedings after
| the ce tora had ceased
Fourth The allegation on which the I'M incuon was
granted that h that Mr. Justice PEABODY intended not 10
obey the certoar Is al allegation offensive TO tnsl ef
and which another Court ~i MT listen as cause TO-
an Injunction II II do the comfy Of courts VIII nave
been disregarded, and confusion In the sdn rAon VI
| justce must follow. 49,,
discretion of the Court Mr. Conover s in possession OF
the office OF Street Commissioner II he canpo have the
rssea in IN s Of lis duties This
ment the Court will avoid by dischargng the Injunction
sixth I, has been said that the allegation the issuing
of ceriorar is the ground on which the injunction Is
claimed there be any other ground has been already
considered in the supreme Court on the motion before
Mr. Justice Roosevelt for injunction, which mouon was
carefully mined and denied
seventh.-The case made by the complaint Is wholly
untenable
The books and papers Of the Street Commissioners
Office are public records They are not the pryAe pro
peIty of the corporation In any other sense than this
The corporation could not take them from the use Of the
citizens generally from the custody OF the Street Com
q The Street Commissioners 10 Office created by the
statute Of the State rhe duties OF the office cannot be es
sept,ay impaired by the Common Council nor can that
body from it the to carson its business 4
g. The proceeding before Mr. Justice Peabody was one
NAV be al ways at the control Of me To allow
another party come In and Interfere With them on TIE
ground that he w.s The ultimate proprietor OF the
Attorney General at al times TO prevent the incumbent OF
office, the COMPTROLLER or Secretary Of Slate
from obtaining the books of his ofce, and would also
enable the and cities to couneract the proceed
ngs in the case of county or city Offices
A. The corporation was In fact rty to the proceedings
before the Judge The Counsel to the Corporation
Quoted them, having other nsel associated with him
g. 1.-THE present complaint be true, the Is
y of espass-an Injunction will not lie, to restrain tres
pass ~ Johns CHI SIS; Paige, AIS; Barb On lol Will
This ia an attempt to interfere with the determination
by a Judge of the supreme Court OF proceeding pending
before Mr. Justice Peabody has heard the case and
is as compe ent decide any other idcai officer
Mr. Conover been sdiudged TO BE- the Street Com
missioner The city Of New York de fdo ard entitled to
the books papers and If he had not done so,
this Court has jurisdiction TO try the title to an Office
That only be done by quo ~drrdno IN the supreme
g. The proceedings to council the delivery Of official
books TO Office intended TO be as sum mary
possible interference with them by any otner tri
buna would tend TO defeat the policy OF the Legislature
These induced the supreme Court dissolve
Injunction once granted, and to supersede ceruoar
which had awarded though the proceedings were before
one of their owl body and there Is why this
| Court rhould be influenced by them
He mr. Field commended that the granting OF an inunc
ton resting on sound discretion OF court, viii not be
granted unless for tie purpose of stice and he knew
ndee Inershsm 10 the case of Fitzpatrick against the
COMPTROLLER In which decided that he METROPOLITAN
soe eY Ts "we said Mr. Field con
pued the adournment Of the court arguing that the
Injunction should not be continued that nad sn enec
terferes with the acton Of the business Of the most
important oce-save one the Comptroller Sin this vast
The Court adjourned ii O'Clock nv. Field will con-
clude his argument this Saturday, mornins
| THE CoNOvER CONTEMPT CASE.
TESTIMONY BEFORE THE RBFEREs-cHARLEs o'Co-
| NOR BxAMINRp--TnI PROCEEDINGS CLOSED.
The testimony was concluded yesterday before Henry
| Hilton being the seventh day Of the prooeedings
Mr. Brewer recalled by Mr. reld-You have been asked
about the insertion OF constable In the direction the
warrant VIVA, was the reason Of such alteration Obect
| cd 10 by Mr. Brady irrelevant Question allowed A.
The reason Was fear that there might DO some COLLISION
between the opposite party and In the event Of the scr
vice OF an Injunction on sheriff would not be able
10 dissolve injunction, and resolved 70 get person
| who could serve the warrant
In the OF the previous discussions In court ha1
the opposite counsel vel any intention In respect 70 sb
tanning new certorari IL the existing one was quashedf
Mr. Brady again objected Objection sustained
samuel g Davis examined-I . policeman In the
Etropohtan ierce' 's' IN o'u'' y" .o i' " '1''
saw Mr. Brewer and Mr. Brady / sac Brewer 20 out Of
| -, a.. ,,.,n .r,rsnce. saw Brsdy rise and rive
| 0oui' " Wig ~ :, -. = -, -. A..
some papers 10 Conoveri MI brewer was passing ou' ne
| gate In The ratings at that moment
Crss exa mined by Mr. Brady attended court that day
| ., go -,
with Councilman Brady and John Il hiyer, out OF curl
| oeity, as heard that warrants were 70 be issued
| E Harrison Reed examined-I am commission dealer
| In Warrington Market, snu was w .'N', y" ' 80 "
| JULY and have made afidasi 10 this matter. The
-. 49,. ,,rooo.a.a N IA scribe I'm de,s tho circum-
| """''e ' u - -, -.., n -,
stances that Uanspueo On "a' oooaA'" "o s"'o"
| that Brewer was out OF the court room, 10 the
ho., NJ hs hoss ben Mr. Brady announced the njuno.
No. T., "a. c,as. eys onaton he saied that be was one
| ~ conovsr;. ,ecn,ttles
| '" Snrno pon,na eya r,nsdT am snlesmap a, M is
u,don.ne vas IN the court room re Jressu,ei by TN.
1sar ,b,, rn,rnn1 and measured exactly the ne re
.s -, IN An o,d,n.,. y., from inc falling In troo
t.s T.sa.. h.nch 40 oy,. a. ina main re