The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-05-26


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Ex-nsyos Woods DimcuIty with the Metro
tyopoiitan Pollce-Aetisn for Assault and
Bs. teyy-lAtsr eating De Bens Esss Tostano-
NJ Of mr.. Wssa.
eUPBRIoR COURr-sPBCIAL TERM.
Before Hon Judge BOssorth.
NAY % Henry Green and others u.s. Fernando Wood
The defendant 10 this case May Of the city Of New
York. and the plaintiffs members OF the Metropolitan
police, who complain Of an assault having been
mitted upon them by order Of the defendant when plain
ns were In the performance Of theb duty in Juue 1857
The testimony Nc Wood Ia now taken de ne ese in the
event OF his being absent from New York when the action
should be tried.
Fernando Wood The defendant, being examined, says,
that the 18TH l6h and June 1857 vas
Mayors 0fiise dur,og Office hours-from till hree
o'coct.
We're there assembled in the City Hall on the 10th
OF june great many Len ogspzsd, bandsf and armet2
Not 70 my novedse as coming within inst c.'esory
We're any persons noled mere that day, aud
n 20, hoy nanyY A. Upon Information, believe here
were probably several hundred.
Q lnd you zee aDyY A was In my private Ofilco
Dung The Whole sie, and persons except those
who came in
At what hour did you enter your Office on that day.
A. Was unusuAly early that morning; think a. eight
Q. why was 90 eary9 A. In anticipation Of dnlcul-
Q Had you heard = rumor that there would be An IT.
tempt made 70 arrest your A. mad not.
MOI mt, an ocsr presented himself for that purpose
that OH Captsin RslDg; the hour ne presented
bimseH DO not rscoe,t knew nothing Of the pro,ess,
because was Dot served, nor did he ssts be only sad
that be had xgrsDt
Q. Did be state from whom the warrant issuedS A.
do not recosss tDst he did
Did you know suspect from whom Il is5ued2 A.
Isusptcted there sas but one man In New York who
would issue warrant for nv spprebeoson and there
fore must have hso an mixing sho had signed 1t.
n hO A hal A vaa RAcOYd
O. Hao you any expectation or suspicion that he would
issue gu ID a wErsntf A. had not
When Capt. walling presented himself with wu
ral4 di1 You Lot inquire who had signed II, what IL
was for2 have DO recollection Of having made any
Inquiry Of him Of that kind.
siosp A. Taken tuoje,. 70 objection rhe sergeant AZ
announced him the door; vas at leisure at the
moment, and asked him TO 10 he 10, aud said
he had . warrant for my arrest-lhat be wished, .
Metropolitan police officer, 70 arrest me- doubling, In the
nrst place. whether he could have warrant against me,
b. had not been guilty OF any offence for which any
magistrate could issue warrant ana hts manner being
dBrespecui and offensive, and not reoognzog him ~
that did not recognise blm a policeman; he said he
Metropolitan police officer, and that he had war
rant for my arrest replied that he wss not policeman
that he had di missed in disgrace from the depart
nent then ordered him out Of the ofice believe no
then left think he went out with the sergeantat rms
Q. DID you ring . bell for the sergeant as arms 70
come in, and say 70 him, i" Pot this man ouu'' A.
have no recolecton Of IL; but IL " very likely.
member Of the Metro )otan police A. (rAken subject
TO objection did Of any police.
Did you not suppose that he had been appointei TO
service uoder tbe at for the o~tabhshmcnt Of the No
Fcpoap police3 A. had seen by the newspapers that
he Wa one OF the men sent 70 Seeuoe Point and kne
the provided for appointment or special and
ooD6oeo their authority 70 the duty for which hey we're
specifically appointed
Q DID you At the time know tia. the Supreme Court
bad declared the scs 70 be consttauonaif A. Suoscs 70
. AZ ne time Capt. wallipg was turned out Of your
oH. tbash hosw had in lha HfvH Hall
under your commspd2 A. There were Some 200
thnt ordered 10 be 1T the hall that day the order
wore The only usp 10 the CITY Hail over whom hsd any
control except the clerks in my own ONCE
What control did you eIerc SO over the t~o hundred
policemen the question applies 70 that day, wni st
they we're, updoobt>dy, subject IN my orders and
troll IN opnoo gwen except what were
given through the Chief Of Police.
Q WHAT do you mean whea you say that these men
were policemen A msao tina, they were policemen.
Policemen Of what State, district county city, aud
under what authority 7 A. rney policemen aodef
the lac Of 1853, OF this city, veil urdsr the Metro
pot~n polcs s~ Of 1857, OF the metropolitan lice DIS
r'c DULY appointed by The Board Of Police Comm
at the time hat their Missions dated
Do you sct 70 act their chief or bead
A. acted AND assumed 70 an as the chief magistrate OF
y You o,uld command the Metropolitan police any
Did Jon On tbas day act, or assume 70 cot, in com
msnd Of these mes, ~ portion OF the Metropolitan poicsS
a (subjsct 10 o'jecsson rhe men ~ere uoder the CON
psDd OF the Chez OF Police; have already said tnst
acted NAY or OF the city.
Dbl you suppose that the Mayor Of the city could
O Do 700 isfo m any person IN she City Hall on that
day Of hat he'd between you and Captain Wal
DgY A. have no distinct reoonectoa OF tnAi iA;t Is
O Yoo say tho, Captain wallipg had been dis nisssi
from shat service, by whom aud ~neo, aud for WA,
vice. by the Board Of Police CenDss ooers Re- rider
Smtb voting for the dismissal toe date Aoout
year previous y, ' o sS a.. aSs Ss M .nSS lasted
HE Official duty Captain OF tsh,centn ward Polce
Y. woat wss the onspcsY sons ms,,sr sna r,fe-
renee W woman nave no rcooiectoD u hsvios order
ed W DO sent 70 tho Oy Hall after Captain
waliBg orecseo 10 leave my Ofncc No ORDERS
gwen through the Chief Of Police ss~ tho Chief Of Po'e
q DO you remember the Chief coming mo your ofncs
and telling you Of light between your An, ,bs Ne
private once thas day.
respect 70 me hxns between your sno tins
ten polsceS A He spoke 70 ne Of fss,. but not ~
nsht between my men asd the keuop,uuo polcs; he
came In very mpch excited ana communicated 70 The
nrss knowledge had that any disturbance hal taken
place he SAID has there esns going 10 me Of
the CITY Hail. and shas he be,-sd ina, we're killing
each Oih~, and sAas went ou, could stop whole
q It
Q What d,d yos .yS A. ..ii I ~ss SURPRISED 10 he.,
hat there vas haht, ana thsi would for tbe Chief
Mr. Brown (hs ooupsel Alluded VOL SAID sbss ought
70 20 out his exscs language oannos seooec giving
sxced supposed q tbe ure unneossssriy So ~ hsd
no infcs maoa Of any dstursaece Of any probability
any - shsa nonsn. &c however pressed The necessity
Of ny gong, and sold hin would go; sook my hat and
,As o. oss 70. sh.a purpsss, and prcoedns =, the
eoor When The Chsf sn'erea and Laughing, sad There
had been . SIGHT bot vas al over "
q Did not M Brown say 70 you that you would sub
nit 70 an arrest would all trouble, something 70
hal snectf A. Mr.. Brovp advised me 70 20 % ns re-.
oeers once as1 give sch prisoner 70 Rec rider
Smith; declined complying with the suggestion; have
no recoectson OF he Chief Of Pol,e saying when ne
made The announce nent, I'VE have beaten them oocs
and ve beat nem again. said 70 the Chief I ~ss
very sorry 70 bear o the nsh and that 10 the excite
state Of The pubic ammo feared evil consequences would
Grou Out OF n; Capt Wsllpe snt present when tue
ensrn7s conpsel and The Chief Of Police my oce
! am very eopfaent of that
O. Who we're mess vtn you In yeur private oloe on
hhdsyf A. ~ counsel. Judge Desn.
Any one else, and n 90 name them aR A. Several
perscus vers 70 and oos several rcpcs in aud out
scms one wns here near al ne while; General Ssod
iota rss taert; Recorder Barnard oosh mg brothers,
Bsnry Wood and B,njamin wood aad others whom Q.