New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-12-21
La W INTELLIGENCE.
SUPREME eOCRT-CHiNsyRs-DEc eo.-Before Judge

p.SDAMUs AGAINST The roARD OF CITY CASyAssERs.
Last saturday, Judge Davies ersrted wnt of alter
native dauius to compel the Board OK Guy Gao
yassers to count in favor of James g.. NcAdsm ITO
votes alleged Ia have been east for him 10 the INth
District OF tee Ta-u'y first Ward as candidate fox
Councilman for tho With Senatorial District and ile-
gall, withheld from him.
Tie return to the writ was put in this morciDg By
Mr.. Busecd the Corporation Counsel. and Nh. l.. 5.
Chatfeld for the City Canvassers. Nj. Mic Adam vas
rcprtseI t, q by Chauneey Snahsr.
lie return forth that when tho election returns
Of this District beiSg read 10 tue Botri, APP
peared that some omiss had been made therein;
that by resolution they were seat back 10 tue District
Cauvsssers for correction, which vas done; thht tln
District Canvsssers added 40 votes tor McAtam, bG,
which votes were contrary to the orgnai state nents
u hde hy the prev uusls and tnet the Board OF Chy
Capyassers de. rnf the amendment r.turocd Illegal
coulted the vo'es as originally returned by the DIS
trlct Canyasscrs
Francis j. Tvorey, Deputy Clerk 70 the City Can Can.
.....rr, uBc Alderman owens or the I"5Diy-urs,
Ward called and exaniued in regard to the resp
uton Il the CITY Ca1yassers and the amendments
made by the District CenyasseIs.
In the course At the cros,examipaon of the latter
Mr.. c. atfec asked tim il the District Caovassers h,d
couL ted the baiio the stcOld time.
Mr.. Owens replied in the negative; the Pon Clerk
and two of the Canyas,s counted the votes a. taey
appeared in bis t-lly BOOB.
Judge Dawes said that the ballots should have been
burned before that tine III pursuance Of tue law.
Mr.. Cbalfield SAID il woulo give Mr. McAdam m
opportunity to stick in considerable number Of re-
turns.
Mr.. SLafer-O, he has not learned that art yet.
Mr' Cbnifed-Tben he ought not to run for Office.
Judge Daye.-l hope cntlsruen, t1at Is not ga
csseL,Isl qu t.tica'ion ior n ctnd's ate
Mr.. " kef, one Of the District Caovassers, WAS
then examined AM explained the # not placing
H. whole humber of votes cast, II was Owng to a
discrepancy between the accounts of the Poll Clerks.
At noon the Court adjourned the hearing of further
Testimony I'll p. m, ct which time Mr. Mead tm and
II. q, NJ IL kel Judge
grant stay OF proceedings against the Board, who
wers then proceeding 70 close the canvass.
Tue Court stated That II bad DO power TO restrain
body while ii wac performing ~ lawful duty and that
ii the closed, II would lot make any
difference in the matter before him.
The Pol Clerk, sIr Easleson, was then examined,
and certified that he kept the tally for Councimen
produced tally but the time of making up the re-
tai ns nislaid it and did hot lind it till the Afternoon,
~hen he found tn. tally in a pOll-book which he had
accidentally taken home; be was present when the
amended return was made; the erasurc5 on his faly
made at the Il Le that the taies@e Delg MADE
during the canyass.
After hearing cor siderable argument both sIdes,
Judge Davies said he believed the only question wasas
to the Legality OF the meeting OF tue Board OF District
Canvassers on tho 18th. II appeared that ooy two
OF tie cauvassers preen and had not notified the
q nd If The mt etipg.
NJ Field, who appeared for McAdam, asked taat
the retUrus Of the whole District be rejected and that
the matter be adjourned til Tuesday.
The Judge reserved bis decision upon the questions
raised III tomorrow morning.
Before Judge sUTHER ,SD-DEclHoSs.
The Cuuberl-u Coal abd iron Company agt. Allen
NJ. SteTuar et al Motion Granted, With : ~ costs.
SPECIAL 1EsA-DEc. a.
THE UNION BANK DEfALCArION.
Tie Union Bank ,be Cry q h.v-Yorr sgt Jacob H. Mott
add Gsrret 5. Mott
BAICON, J.-Jui ment regularly entered IN
III seton against the defendant, Garret Mott,
puou b failure to ans the complaint, tOr s95VOD
s. damages beside cost, the Jth day Of November
last which judgment authorized the psintIh 10 is'ue
u IL. 49, - damn nj Qn.f
a. well against the body of such defendant as against
he property An execution sgaost ms property Was
Issued upon the odguelt 10 tue Sheriff Of this county
but aftefw ard the nth day Of November such de-
LdsLt Toa4 tie Court 70 serve sn answer 70 mo
pia.na comp AIT within ten esJs stc 70 pro "A n
O. n.e II the .s'l w. Peg atit . ~, 3o,a is 1,n
Ihe further oEderso tat .se dsment stand a. Sc
y sl-see indebtedness Of the eeeadaH oafrs' D.
An order 5s The srs. 81 bot Gel, ndsu,s granted PRIOR
70 y. ettr TIE judgment, ou ,ts d.tnc a. Gtrrei D ho
va, No. arrested OF H. b.. after he oDaed leave snsser
tie complaint defend tie ,;op an order was g.-ted Tor
lis arrest the Justices Of t Court bearing date tas
9Th Instant and be has beer s-rese1 1pn thi
order BY reason Of zs failure y po.nre
bsl e. Of 1890 aae he vii prooab BE- conhGsi ~
N un,s ne can Pr cure ts u t1a % o. q.
TIE order authorizing ne ae.. MS 70 MOI.
en, 10 su,horiie the snd 'a ora Tor bis arrest
The saaavts .Dieier, satsoEs tas order
bot Rps 35 The oElJ otner question 70 Re dsse1
It'd nom procurls Thu .rsusge Of he Code that
the Greer r'st e id- to .eenmPsIy 'sr 1%ons
ODE fr he arrest u 10Th ceeldsnt which granted prior
.ne et Try Judgment BE- resrtst ot uphong
tie ore 90 question yne frat ordsr expra without bei9 exc
rceo assu,, Care, Mot and is this motion CON-
c. med Il may b. aid out Of view
an rcned the opon tia, tie judgment which esops
tie tar CIDER Tor the Of the decnd
ant The Code the ikl JIcEuent The ton
that uus, absolute snd ordona And sgeo wa. t,s
cisrsr.r Of to- odsnert wrsn entered in a seon o..
vn,b,rr.d upou the motion Of Mott ir,n hnh
ore 70 security for his alleged indebtedness 20 ne
srrf Should be be beaten upOu the i.sns formed o. n
sswr % ex.cu.iOu could b. Issued sunn JuotHht un
n. q collect By due Of law tn juigne
TIA, geua er.rred finding upon tar ssaef md
rot ,ber wi-hou. leave cf TIE Court.
.yrs s Mo oats'rec leave. rs'ter o fs'o' - cefrut
,et .f,rr inc rae been r'ry entered afrns
I'm Tie Ccu I'd foVrr - im oss tns eons - nnn u
sg'ns re satF mo-tssEs @ secrr- a., &c INDEBTED
-nrr r~-r i..trr rcl - drfenc o1 if~e1 Of
.tss sie th- judxaeu, lfe, tbe G. chlng-d
s.:... :s.'s 49, 49, = -. s----N-s -. ss -