New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-05-09
B tfrIb eoURTs. Z
SUPREME CoURTf-oBAsBEas-M s-Before JUS
tce SuIHERIANp


FERNANDO WOODS LEAsEs-cH AaiDEBs PRACTICE.
oh Fernando wsoa &C. sgt r. b. Connolly al
peremptOry mandain,is was issued by judge
Barnard tire 9Th directed to the Controller command
ing rthat you Orchard b. Connolly do forthwith,
receipt of this order make, execute and deliver tho
newal OF said leases TO the said Fernando Wood and @
failure thereof that You be confined in the County JAIN Of
the City and County Of New York until such time you
shall comply with this order OF the Supreme Court This
writ was served the afternoon OF the It'll, rather
came to the knowledge of the gentleman acting Corn
SCI for the Corporation in this matter the evening OF
the 18th. On Wednesday morning at the opening OF the
Court at Chambers. Mr. Williams appeared before Judge
Sutherland and asked for order 10 show return
able on Monday the 18th, why the writ Of mandamps
should be set aside and vacated and why all proceed
ings upon said writ and all compliance Herewith and all
obedience thereto should not be stayed until the hearing
and determination of the motion The application was
founded upon the writ the affidavit upon which 1t wss
allowed and upon the papers and records referred 70 In
the writ and affidavit and upon an affidavit stating that
the writ had been issued without notice to the respond
emit the Corporation Counsel any person on the part OF
the Corporation. ~, f.,-.. s., .y rlr1rler1
Mr. Williams moving for the order stay said that
the paper which held in his hand which puported tobs
peremptory writ Of mandamus, but which was moro I'm
the form Of an order Of Judge at Chambers was so ex
traordnary in ts mandatory clause that 1t mpos
sible to regard it other than with suspicoE He held
copies Of the documents TO which reference was made IN
the writ by way OF recital and he had only 70 call attsn
ton TO them to the Court that the recitas IN the
utterly without foundation in fact That there
was no pretense that the writ was allowed IN open vJu
compsh it's object before any one coad 70 the res
cue which event its promoters would care bus e Tor
a. orser say1S the ocer who ssed it wholly without
Jurisdiction 1t bore the marks of flying haste as soma
UnseemlS blnnders He was informed that unless stay
granted before - O'Clock the leases would DC executed
payment of $4,000 year for 10 years for the use Of
rooms not occupied and wholly unfit for occupation, and
which could Jas he informed by no reasonable poss
bity, ever be made ut for occupation as lawyers
Office. .,.lr - ,1l a., 80. MA.
which Counsel fastened from the Court room ana ~ 70
understood succeeded in serving the same upon Sae ION
they had been actually signed by the Controller;
The matter stands for hearing upon the merits
Below is full copy of Judge Barnards writ Of Manda
TRe Pcops Of he STATE Of Ne@ York B. cos
| MOLLY. Controller Of he CRY Of Nee York
liver g rsHs. S x premise: s i,
SSs Mayor and co@@oSy City ce@3ed
S S % .sf ss s Ne SSsfd And
o. ~, aid a' se, S Osafssa . 'H S 2
iao%n % you ipc.ss. e,is
concerning the renewals q said ls.;
and 70 .ss yg arc snd sS Sn" 70 lie injury Il Fer
the lter whom you directed b said rs.o.
deliver renewals Of and Which Sa ss%P We b s.
wiling speedy justice hcud Be done IN this behalf 70 lin
nte and deliver in due sr aud pursuance Of and
said resolution Aforesaid the renewals o. san
leases deliver the when made and executed 10 the sad FER
Barnard Justice OF te Supreme Court 90
hereby that Richard B. ConRo Controller We
CITY forthwith receipt Of this order make erecu
failure be confined in the County Jail Of the C s7d
shall comply With this order o.
| our Supreme Court. Dated New York May 6. 1867
fII OH 80 .iHi -' Justice Supreme Court
SPECIAL TERM--sfAY 7-Before the Hon. JOSIAH 5UrH
ERLAND, Justice.
In re Edward Houa I'D Regiment United states Ia
lfl'I.1 N n1.as tt'al- fantp
Dbl. .. ... IL. ..rr- HABEAS CORPUS.
This was an application on the part OF the United
States under Congress- for writ OF Habeas Cor
pus to obtain the discharge OF this officer from Ludlow
st. iail where mprsoned by virtue OF an order
OF arrest OF the NewYork Court or Common
Pleas under Section 79 of the Code OF Procedure In
| civil action. NJ aii :, -
Lieut. Houttard was broaght up by the Sheriff, who
setting til the ab0ye order, by which ~
appeared that the officer had been arrested at the In
stance of Hans Martins In action for debt alleged
fraudulenty contracted and on the ground
that he about to depart from the jurisdiction OF the
| Court -'
| 1t was shown that Lieut.. Houttard leave 81
absence from Governors Island at the time but that ha
leave having expired his services were now required Dy
Government.
The Court ordered his discharge from custody OF the
sheriff. and for duty at his proper military post.
Il. Gardner, 9th Infantry for Governments
Mr. f. Miller for Prisoner; Mr. Cook for PLAINTIFF Mr
| Cummings for Sheriff fa.