Newspaper of The New York Herald, June 18, 1857, Page 1

Newspaper of The New York Herald dated June 18, 1857 Page 1
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I TH ^ I WHOLE NO. 750(1 I PMCIES8 OF TIE CIVIL WAS. HflEKSTING rTOC?ED!NCS iEFORl T* SfCOttEI. Irfawal Before JwBfe Iwwll n (Be Baku Cerfat* Bxeltine Scene* at tbe .Mayor** I office. . __ itto Deputy Street Commiafiionei and Captain Bennett. Refatci to be Arrested b> Deputy j npcrintendenl Carpenter* lot Recognise Hie Authority ae an Officer. OF THB ACCUSED PARTIES. 9 Between (Be Recorder and the Mew Cemmfaloncrs* of the Wounded Metropolitans. i CITY* nuksrovzL. to., to. SGS AT THE HALL OF RECORDAT THE M\YOR'8 OFFICE. Doming the programme of tho seoond day' it municipal war wan opened by (fee Albany ' of Street*. the Street Commissioner's office at about 9 There were a oonelderable number or perand tomewbat of a Sir ennued. Mr. 0. went m into tbe regular office of the Street Oom* Uch ban heretofore been maintained with gaunt him. Hnwas attended by Captain continue* ua command of tho civic Mala. directed officer Mnnteraon to keep order and ever to ana the Commissioner or Street*? i bin office. Mr. C. went np to the fence beef llr. Devlin, and addressing the latter te Street Oommwatoner, by authority of his y Gov. King, (exhibiting his eommiaiion, the Xt>),*A. rufbaed formally to recognise Mr. C. as Btreet . He aatd he had seen Gov. King's warrant elding himself the appointment from the lermen of the cHy of New York, and having n duly sworn, hi* bonds approved by the ly filed with tho Comptroller, he bad taken the office, with the books, paper* and all 0 it He quietly but firmly expremed his to main ain that possession, and bad proust* force to aid him In doing so. 1 said be must go in and take poesossion of bis t) way, without any physical demonstration of his precious efforts. Mr. Devlin, in a i formally refused, and repeated his purpose to mabtlaln by force hie lefuaal. Mr.Ommer then utd that in view of the Uct that Mr. tord ?m la poMWrtee, ud had a eufflcient torte to ?labia it, bo would leave, intimating hta ptoJM) how ear, la oonlaal tbo mailer at law. Some frteadJy word* ef aa m officio nature were then totoahangHl, Mr. Devlin inviting Mr. Oooervr, la a cordial way, to aall am him again m a friead, aad apart Iran any Mr ia dMpaie aa is the otooa. Mr.f latoto toaa laah hla deyartura ta a laaa mureaing thaa hl> prerioita exn*. tbs MAToa'a ovrrcm. At MS' A. M. Dm Mayor baring been aome time down toaa Ala houaa la 1171b atreet, traaaacted bualneaa aa anal received hie vlatlera, Ac. Ifla counsel waa with llm. Coroner Perry called aad Informed Iho Mayor Mat Mere waa a aNght inaccuracy la Iho form of the boo da wfctt had been glraa hla for bia warrant of arreet the pravtoia day. A new bond waa promptly executed to the aMAttioa of the Coroner, with which he afwrwarda deyartel to Bake hla return to Judge Hoffman. ns ssnin mot abkmtbb bt tqk cobohks. BaAre the departure ef Coroner Carry, Sher.ff W llle' miertd. whoa a formal oonveraati m ensued between lAem. The Sheriff aald he understood the Coroner ha<l hooa A aearch of him y eater da r. and that it waa reported ho (Oaroaer Tarry) purooerd to arreat him. He (the Merit) waa not aware that toe toiooer had any pnawto mmm for auch a proceeding any nxrre than there could he Cr the report that be (Sherlil Wdiet) bad attempted any ma mo or attempt to oooccul huaeoU from Coroner Perry. The Cbroaer promptly denied that there waa any groand at to* for the report He bad do writ of the bird to area, aad had only aougbt to had the .sheriff on a matter T abtototof a aupply of blank* De bad no warrant, aad Me ninr auat bare arisen from the diiiiculty wtuch lb' Oaranrr had met with in mating hta way to the soanff tl? riaeruT ei preened himself satisfied, the Oomner sic I- i f)?| kit obUj^'Joc for the blanks, afterward* duly ob KBAHlNfl ON rna habka*. y this Una Judge Known had arrleod.aad said he had gtreo notice to the shenil to make hla return oa the kakM corpus at thta room, No hOty Hall. Otmavu for the Mayer tfeaa draw ap notice at hearing and dee pate bad it to fee HMtriet Attorney, return on which wma Bade la a abort ffeto. The itatrtot Attorney himself alao appeared toon Ike HMtm* Attorney, after some oompMntealary sabitaMstts, proppedud to read the notice of hear! or 1'prm It* oaaalaetea, ho catered upoa a proloat arainst the botdtng ar tha oourt la Ihla place. He all tided to the "thrice fttardad" eaallttoa of the halkUaf aad the difficulty be lad la aMaia adaiaaton. He theretoie protetied that the aaortahoald ha held etoewbsre, aad sugxened the pro prwty of atttiof la the Court of Sessions Tn an open and lb thai the Judge replied that dee notice of the place at hat dim tha oourt had here tarred on the Sheriff. He chore to bold the court at this place in new of the popular exettemeel la r<>r*r 1 p. the mauer, aad aa tha raantral of the Mayor with aay appreraaoe of aa arraal mtgbt be attsnaturotooJ by Mao panulace, whom the Pl*tri? Attorney ooold obaerro hp aglaaoo oat of the window. The oourt waa decided to he be?d la the manner aotllied la new of tha. but 11 the Ptatriet Attorney waald oounont, aa la the aaual practice, la watea tha pranaca af the body, tha Judge would ad Jaarn tha oaart to such reasonable place oa the restrict Attorney might designate. h thta the UtMriot Attorney aroeatel. Anmittith wore accordingly made by which the Caart war adywmed to the hail of the court ol toeaxtia, where the haartar waa tanaedaaely renew od A mHH STORM THUATIKID. The proceed lag* thua fWr were bo* the ooaclualoo to feew which had htaa teft over fr rn the previous rtav. Othaie, hewerer, ware la p-epc^Wn. Chpt carpenter apt rased again before the Maye .b hit office, with the war mat which he bad pruefatrr^the precious ereoirg He had a repetiti >o of hit pre* bo* ?newer, During thi* time It was uarier*t<>od that CftoU would be ntadc tob. ui(> the Bayer beftrr Keco? So- trr th TboWbttc Street Com nM'?a< fl were b in swearing in ? special police force b> the wholesale Two thousand men, it war said, would he pat an their march from the back yard at the Police (veutoteaionrra' oflioe, with the dMi-rm nation to seho the Mayor aod brirg hU bod} bcl'or* Keoorder .- rtuth. at hU ogioe, otrner of Centre and iltiemixr* streets, t.p stair*, tl wan aiitki| ato?l by the Rw rJer and tbe Oniiimis-uoneri thai J ' if* ftneael would tit'charge the Mayoroo th habr aa or,us, when thry would at once ct :*e the Me-tropc'l ttto fares'to storm the City Hall.>J>d. h< they a-jJcipaiait. l>r tag Hi. Mayorby loroo be ' *ean<Mber habeas corp?s oouid ha d out The White street foroerrcwapa<-? to larger Ml lar*?r number*. t. mf4 III (mMMOMM wiinl hl*Warf?BB? Maicr,BI>.n*. The two lower mrrtdon af Ihefijr tUil ??r< til K* 1 with |>ollrc \<*t) lu ?oi>1 array, NMitaor anl wluloma betu* *U,. mawi-d S?m< tlcn bar an n Lad been Irf. lo rorrr lb* t?o*U IB the ly, abltot uuaariU of auvro hundred wara j>ro?. m inut Utr lark all ?lay. MAE-<IIALijyn rn MKN. Aknl I o'clock, the onaii'aotv that tba Mrimpnlltaan wan a* ih<' r n.arcit al lant, wan brenphl lo (?htff Mai -HI. 1\W minor nan n wmnl by mm.' iuai.i"<rr?? of the Rh^a .. o, ku a th mouMraiton m some aort iRnh :? api**ra wwi P?rl,w-?,> ' r,,,w <>f ?ono iul?apB'lMiWi retard to Iki- art on m Jud^e RomkaII on tun kal ai mipm The Court bad Main arirmroml Tor art? at aaad 2 o'reek an I I war reported that flnal trim '"Baa had on iL" writ The tinaa of Hwt anl Mar* wan 4naa>H< up, and tlurf If* troll raarranftod km Am addiunai company was ami orer lo Urn IhP of N. h) prareat an; r*?? ai mpt a antrum af the rararl (naaakmui 'a o.tinr. Tli'?o loo werr ta-trurtrd jnwt .?Oar Um ordnra of Uspta.n Rennet! M a rearm, 10 * . "w of aay paity attacking the tfly IL?tl. 2.t?* * * i' n * ? u"orw *' with t.rf. -anI MaV'r Win** |W-*?<o4 In (tin tTTtTa^ a '?? fyo*' Ml" *r 1 Ci1** f.trdl him olf M meter lay* at I*" k -rvery nwg waa oaai'lrim an lu ma for a deToooe Wk'IM ik^ ,.4V HTntfTTON, m? M .m J' ' W-T" n" ',,ri *? w**"" ?.* ' Tder waa !W nt hW ~~~ ' .. . '**' "'? lb " Wh'lr air-"! Ovr.on- . ^ Tw-iai tabor-nee, there wm I IU ENE aa??r.<T BMt rWI tnfloonco preparing at the out end of tho rUy luUl. In ifetfitT Wl'Id'H office lh.it gentleman hoi t a *p*<nal eon?u!ieilon with ths so;icr:i>r officer of tho F>r?t d"t >?>a of tho miltt'-a of the ftato, (Jen. Sandford. Tho "(MriT aa tho ecafoduui of tho Uay.rr, t ?lt h;m?cir not only rh irgr-'t o?H< :aily_wtth ttir pcaoe of tin county, bat aleo with the tareiy w un ??. or 01: :iai uoeponaeuce me P rprii.n of the Honor >ier were disrusaeaj iuid tbo resotu ?*ob of the Metrojiolltan Police Coraraissionors to back him ?p, was ;o Uke muifli-r cocsldcrod, u woli ma the Mayor's imhim. THK MtLrTAVT. In r of thta suite of thing*, the consultation* of the Tx.r M *nd lbo General ISHlM io a r^oh # that tbo poaco 01 tb?<( ty dot*D<lt J on then aoLoi^and rcled In their hands. Usnco W.*y w jII act a ooocert with a view to this solo <s.;#e??tho pri nervate n . rUio [>oaco. Tbo Mayor was in tbo limp'eg i?f S her tl Wiileis, and it wia his purpose no i??-p turn w.tL.rtit tUrlereoi o ITo oxpressed hts rosolu ti >n, 'to.it upon ibe first alle'rip* or >1 r/sistraUon against bis prt*->ner nnitr tbe writ of hibeaj corpus issued by .'U'tgo P seell, b' would call upon the county to rise In bin *"P?? t, ami his tlrnt del u?d so'i'.d uo upon General J"n-'tt-I an 11' ? force h.' a >w bad under arms by order > I tfci Mayor i,. norat oand ord on bit part, and in view 01 the law wbtcs auks* the c*ma-and of the Sheriff even w , r' tl.at of tbo Governor in the county, iniicatod bis purpose to bold b.mself si.byct to tho commanda of tbo Shertd, should any violent cinoigoncy ,Movent itself . TUB IUtCOHI>'.lt A OKKKB. After ibe balling of CM -t th<un?t and Deputy Coramis?wv?:r Turner, Heordur fwnilh bild a pr'vale caaaultation with t"?n. Nye, Mr. i<rapir ami totjirGen landlord, b) ihe . virtbcr wiudow in Ibe Recorder's ofllco. Tbo Ha traueral ?ute.i fatly U:? conclusions arrived at by buuoetf and Uie hboriu'. Tbe Recorder deprecated ear nsetty In regard to tbo necessity of vindicating tho .?a and bringing Ibe body of tbe Mayor before htm at hut office. Mr. Draper urged tbe neoesi ity ni t.,? mg the Metro;'tan |>o.ioertttpM and ir.atn UuDit a* Ugal officers. ' .en Nye struck upon a com pro u jk- This plan was to have Mai Gen. .-andtord carry tbe twootl cers, i-poicbt and ("urimnter. into the Mayor's pre*erce again that they might leave their warrants with tho cbeiUi for service on tbe Mayor after the habeas bad been grant, .1 lo this t'l-ii. Miu j'ord ayeed on condition that a.I other au< n.pti of ti . K oru au ?.i. l tbr Mayor fb iu d be a* r n eno. W Kb Ibis i.nderstai. Hug ieio. rlandfiiril accompanied tbe two M>tro|io)ltan cai'a'nx, t'ariwnter and Speight, es-ortli.g thim to tbe Mater's |>reaeuou. No reporters were ad untied, and Ibe i??iiow.rg statement was dictated by liopnly Sheriff John McKibbm. wbo ties bad tbo Mayor in ousdy since bu arrest under tbe baboae corpus. Tbo atatornent was ftveo wi'n the undoniun.nng tbst the Heputy SherUI should bout himself responsible for tts accuracy against any r.imors, returns of Ibe two captains or any difletent rlatetneni ot tbe tacts ss be witnessed tbem. HOW Till RKCOBPHK AND TIHI LAW WKBA VIND1CATBD. The Sheriff, Mayor and Uepi-ly Sheriff McKibhtu b ung In tbe Mayer's private office, M*t. Gen. Sandford with Captains Carpenter and Knight entered uarpt utei and Speight atabMl In a direct formal manner that tbey had warrai.te to fit rvo t u tbe Mayor. At thta stage of tbo proceedings tbey wore promptly Interrupted by tbo Hav-riff, who said the warrants could cot be served, aa be held the Mayor subject to tbe act on the habeas corpus. Thoy then banded their warrants to Goneral Sandford, who banded tbom to tbe Sb?rtff, requesting that tbey should be ssrrsd at tbe proper time by that ofKoo. TbeSb> rtn said he w ould do so. The Mayor wna not addressed. Fe raid not a word, no- bad bo an opportunity for 1L Th. two c.iptalns made their exit; Uon Sand ford r#?mrn:rtfiif irnnrt I'tflo limn Thu Ivn rnntiiina vftltitd in lbe outer oBico until the gen< r*J wuj reedy la escort | them out. TTiey were ar.~ordlngly osrortod out from the linen of tb? |>oltco force arour. 1 to the City flail. Reform were made on thm procedure to tbo Recorder. They are given elsewhere. lie further proceeded to vindicate the law by moro writs which It was thought might be rerved as soon as decirion *ia given on the argument going on I* the Court ol? Rose, on*. The Court reserve* a detteion for to-day, so the Roeordor reserves his warraats. Two mtre writs or habeas corpus were, however, prepared tn answer. THE MAYOR AT HOMR. The Mayer left hi* oii.ee Tor his house in 117th street between five and six P. M. The previous ovening he had done likewise, In an equally public manner, though like all the other material hurts IhU was suppressed in the black republican sheets. Ho supped with a party of his friends at the Metropolitan Hotel on his way home on Tneaday night. Inst mgbt his carnage was pursued up Broadway amid cheers and hurrahs. PROCEEDINGS BEFORE RBCORDER SMITH. THK ARKE8T OF HI 1 MM* The proeeedtngs before the Reoordcr yesterday morning were unusually Interesting. At an early hour Mr. Chas Tnr aer, the Deputy Street fcommUeiouer, appeared tn custody ef the Sheriff. He enewer tee charge preferred against hiss yesterday by Mr. Daniel P Conorer. The Sheriff said that be had been looking for Mr. Turner ever ainoe Tuesday but was unable to find him until yesterday morning. Mr. Conovcr,Mt will be remembered, charges Mr. Turner Captain Bennett and others with jtcit-ng a riot and assault ing him in his pcblic office. {Die oompiattt of Mr. Cooover has been published already, so It Is snaeoessary to reprint it here.) TITR MAYOR RBFCSKff TO RR ARBBRTRD. Deputy Supv'r.utcnJent Carpenter entered the room and informed the Recorder that he was unable to execute tbe warrant issued for the arrest sf the Mayor. He stated that on arriving at the Mayor's office tho Mayor refused to accompany L.tn, on the ground that i Mr Carpenter was not a legally authorized officer? a hen a wmrratit would be aerved upon him by a proper offioer, one that he could recognise as a lawful officer, he would obr> the mandate, and not until then would he obey the summons. Mr. Carpenter was thus obliged to oome away without being able to effect anything He alatod to the Recorder the! there was a vory great crowd about the Mayor's ofcee, notwithataediug wb.ch he would be perfeoUy willing to serve the warrant, and bring toe Mayor before the Re oordrr If his force was oaly large enough for that purpose. If the Recorder would place a larger force at hia disposal ba would be w i Blag to make the desirrJ arrest. But he was at tilled thai it would be naelens O attempt serving the warrant with the few men he had around htm, as It would only lead to their being killed tn ihe attempt TOR HRCOKDBH ffkMiti KOB AID. Recorder Bmlth?1 wish you would go down to the Ruporiatondent's effle and ask either General Nye or Mr. Draper to come op hero. 1 want to see what force the Oomaiasloners can muster as that we will be able to know whether we will be able to ecrvc the warrant without tho id of the military If we cannot get policemen enough we meat have the military, ao that this warrant,may be Mi-red. Mr UrponUt then led the r??m and proceeded to ibe boaduuaitora U the Comm>.voocrt, No. Hit White atrmt. ARRIHT Of CAFT. BOtviTr. At the coociualcu of the abut o Interview Captain John W BtanoU ?m broufhl before the Recorder oo tbo aarne chary* preferred a?ai?< Mr Turner, HI* ooun?el *a.J that they would waive ao examination la the cone, aaJ naked what amount of bail wae repaired. RAiLim or nr* AicrrwB. The Recorder mated thai $.">,0011 ball would be mquialta. Mr Nathaalel Helah, n Uommlaatoaer nf Repair* and PuppUen, became Mr. Dennett ? ball In the above amount. Mr. Turner cnnnaeJ at Una moment roee and mid that an in the rate of Mr. Boaaett, l-ey were will.of to waive an eiamiaatoa ltd would five the required amount of hath Mr 0 C. nil# rame fbrwar 1 and atralSnd bin wllllnf net* to become Mr. Turner'* rirrty In the mm of It,000 Tbo ball in both cwee bavinc been taken, the Raoorder Mated that be would rend the paper* before the t.Taad Jury now in tetwen, 0* that the caee m'ybt be diapoaei ?f immediately. The defendant)) then took their leave. A COKFtKXS Cl FIT W F.I IN THK RRCORPr* AND TH* iomhifhioscks. About 12>; o'clock Nye aad Draper entered the idle* and hell a eonfetrnre with the Recorder uron tb? urcemtty of executing th" prer -r* lamed ai-alaat the Mayor The conference waa brief, but mrnent, aad. ae It would roem, rometblny definite waa agreed upon. The Commlarlonera on takh * their lenve prorn.aed te return in the courae of half an bour, wben thry would take rouanel with General Rtndfbrd upon the necearlty of orlenoe out the military tor the purooee or executing the aarratila leaned for the arreat of the Mayor, ahonld the latter attain decline to mal e kua appearance before the Recorder COMri.MNV AOAtRT ALDRRWAN WILSON. TV roltewlnc cempUInt b? be? n wade again*! Alder man Wlleon, nf the KVrnt ward ? TV-ma* Putcher, being duly Rworn, depo*** and nay* that be reside* In Twenty lirih Hni t. that on the afternoon of the lAlh ol .I'M'', at tbo Uty Ball, in at, I city, V Ml William Wilson, Alc.rrmafi ol tb?Ftr*t ward, Mrike one of the mom bore of the Metropolitan police with a club. that at the name time other* unknown to deponent "truck "aid policeman a rib club*; that the ealJ p< Iloenitn ?bi a struck an afore aald bad on hi* bat the badge of hut ofltco, and that the aid WiMon had on hie broad a star, thai In a Tew mlaito* after tho "aid ataault the aald WiUcu, *ddrca*tag the crowd aroord htm, *aid In a loud tone of voice, "Dual go away, boy*; *trike together." rmi WARmrr ron nm anniwr. rpon the above nflidavli the Recorder istned the follow. tag warrant uf arrant:? OK?/ ftaO, Pirlr, T!?fe qf .Vew Tee*. <Y? amt Owl? of y?n Kerb?It' (toy fteufciM' rf (V Wy qf A'-oe Kerb Vbrrenn, compla.m on o*tr ha* be?n made the under*<gned. Recorder in *nd Tor th? aald rtty, by Thomas Pnfber, charging that Win W 11*00 was ngaged, with other*, ob lb* Kth tew, la ft ri? and aw s ml at |&g cttjr of W YO MORNING EDITION?TIIU New York, there are, therefore, 10 the name of the poo pto of Now York, to oomrnand and enjoin yoq. the laid constables and policemen and eeery ouo ol yo<i, to apprehend the hotly of the raid detent-ant. and forthwith bring bim before me, the Recorder, at the city o' New York, at '?S Chamber* street, to answer the tuud charge, and to be dealt with oh the law direct*. tllvoa under ray hand and real, this 17tb day tf June, 1867. JAMK3 M. 8111(11, Jr., Recorder. thk rktykn of tub comumtuonkjib?an jlxcirintf intbrvikw. About one o'cloek, General Hand ford, aotiompanlod by Messrs. Nyr and Draper, Deputy Hu torinteudoni tlarpenter and Captain 8petgbt, entered the Recorder m ofl'ee and bad an exci in? iniorriew In relation to the reftu-al of the Mayor to surrender to the olll v>rs of lb < Metropolitan pm hoe. General S? ml ford deciar* d that tf the officers of tbo Metropolitan police were unable to effect tbe arrest of tbe Mayor bo would order out a romoient unitary foroi to clear tbe City Hal) and brine tbe Mayor beforu ihe Recorder. In the course of iho Interview Mr. Draper wan heard to exclaiming " Either we are tbo servants of tho law or we are not- If we are, wo mint not onmpmrnWe for one instant I mean to told to tbe strict letter or tbe law. and either tbta man most yield blmself to arrest under the law, and according to law, ?r be must rule tbe city of New York In defiance of tbo law/' Tbe recorder stated that as the Uavor was already In tho custody of < be Sheriff on a writ of habeas corpus, issued by Judge Kuseoll, tbe officers could not arrest him unl.l that matter was disposed of in tbe Court of General Sessions. Tbe hearing in the habeas corpus was to come eftat 'l o'clock Tbe oOloers wore simply to serve tbe warrants upon tbe Mayor, and then ro-,ilace b m In tbo custody of tbe Sheritl. Them warrants were then to bo lodged in tbe hands or tbo Sberl? a< di UIots with tho uude-standing tbat m soon as tho matter before Judge Russell should be deposed of bo sbonld bring the Mayor before tbe Recorder to answer tbe charges preferred against him. THE DEPUTY SLTERTNTINDRNT MAKES ANOTHER BP PORT. Deputy Superintendent Carpenter and Oaptaln Speight then proceeded to tbc City Hall with tbe warranto in their powesHiou. Tbe warrant in tbe possession of tbo Deputy Superintendent was issued on the complaint of Mr. C mover, charging the Mayor with havig obstructed Uie cxroutkn of aotvil process. The warrant held by (.'apt. Speight was also Utucd.upon tbc complaint of Mr. Conor* r. charging tbe Mayor with having obstructed the execution of a criminal process, and rcau as follow* nm wiKRAwr ACArvsT rtr* M?Toa. Jh any OutuUM< ur fvliuman qf the Oity of Yeie TnH::? Whereas, complaint on ualb bas been madrttieforo the undersigned. Recorder in and for tbc city*, by Frederick W. I'rrry, charging tbat Fernando Wood has been guilty of a misdemeanor, in resisting forcibly tbe service of said process in v lolation of tho statute, these are, therefore, .0 tbo namo of tbc people of tho State of Mew York, to command you, tbe said constables and policemen and every ol you. to apprehend the body of tho said defendant and forthwith bring him before mo, at my offioe, No. 23 Chambers street, to answer tbo said charge and to be dealt wltb as tbe law directs. Given under ay hand and seal, this 10th day of June, 1867. JAMES M SallH, Jr , Recorder. THE WARRANTS RSRVRD CPOV THE MAYOR. After an absence of half an hour Deputy -tuperlntendent Carpenter and Captain Speight returned to tbo Recorder's office in company with General San ford, when tho following conversation ensuol between these officials and tbe Recorder:? THE UPPITY SUPERINTENDENT'S RETURN. Deputy Superintendent Ckrpenter?The Sberlu bas got tbo warranto and has promised to bring tbe Mayor before your Honor as soon as tbo bearing before Judge Rusaell shall hare been cloi-ed. Recorder Smith?Did you mako tbe arrest? Deputy Fe per intend ent?I did. Reorder Smith?And gave the necessary directions to tbe Sheriff? Deputy Superintendent?I did, sir. nocoruer?mis captain bpeight served bis warrant aleo? WHAT TBI 8HTOPF PHOMTBKn. Deputy Puperiutnndent?lie bas. your Uonor; ! made the Sheriff promise to bring tbe Ma)or before your honor' he old be would do so, and that everything would be aone up properly and made satisfactory to your honor. Recorder Smith?After the arrest did you hand tho war rant over to the Sheriff as s detainer ? Deputy Superintenrem? I did. and ho recognized me as an officer of tbe Metropolitan police and acknowledged tbe validity of the warrant. Reoorder smith?Was there a great crowd there t Deputy Superintendent?The people were very much excited when we got therr, but we managed to get into the Mayor'a office very eaaiiy. The Chief rf Poiioe had a pasaage way cleared tor ns, and in company with General dandford we entered the office and made the arrest. 1 suppose that Is all for the present, your Honor r ALPRIIM AN WrLSON'fl CAR* P.eoordoT?Ycb, that will do for the present. Oh, who ha? got the warrant lor the arrest of Alderman Wilson y Itc)>uty Superintendent?1 have; but have not nerved It yet Recorder Smith?See that It la placed in the hands of a faithful and efficient officer Deputy Superintendent?I will, sir. captain gntsur's ornnow. Captain Speight?Tbe Mayor baa acknowledged the Metropolitan poiioe force, yoar Hooor, for be received ae today quits differently from what be did yesterday. Yesterday he reluseu to acknowledge me as an officer, but today be said nothing that would indicate Lba be die puled my light to servo the warrant upon htm as an offioer o! tho Metropolitan poiioe. I em. therefore, lod to believe that the Mayor has acknowledged tho Metropolitan police u a body. APTKR A STORM COMKfl A CAI.M. Half an hour elapsed, woon the Recorder tol l offioer Lis wry to go over to tbe Court of trencral Hoastonx end see what was going on there, and to ark Mr. Plaid bow long be would bo engaged there. Mr. Ix>wry returned In a few minutes afterward!- , and Informed the Recorder that the habeas corpus case was then coming up before .fudge Russell, and that Mr. Fields said the cess would be ooncli'ded In about an hoar or an hour and a half Recorder Smith?Were there many peipte about the court? I miner? Not many, sir. General (Mmiford here entered the room acd Informed the Recorder that as he anticipated m. further trouhie, be would now take hi* leave tor bin studio, where be could be found at any time If required TV Recorder thanked htm for his attention and eg. pressed a hope that be would not he compelled to call upon him for any further aid tn the execution of tho law. T1IK UCOBngR ggPT IN HPRPKHfF. For an hour end - half tbe Hecorder auxiuualy awaited the result of the btsrUig heloro Judgn Russell. Tho time wee neiuptcd chiefly In sondlng officers to tbe Court of General doeskins, for the purpose id Inquiring bow the rase wee likely to cod. The Recorder said that be waa quite III, end wantod to know whether or not .fudge Rueeeli would render a decision tn the habeas sorpus cast- as soon as the arguments of the counsel were brought to a close. Mr I ictus UIU11|UI II was ifi iwr ^rnwiun 4U<i|U niHIW would rrarrre hi* decbdoa until the following day. Recorder?1 bop" not MORI WARRAXTR ISsrRD. Paring ibe Inter* al ihel elapwed bet area the cobimho moot and tb?- coed union of the argument In I bo Court of General Hemion*, *ea? more aflldmrtte worn preoontod to lb" lloror.lor by tu< mbori of the II tro|>o!iun pohca. "tiarg.ng m< n,N? or the Munleipa puliiw with riot and arami ao<i battery. Warranto worn larued in nil onuon for tbe appraheiaton of Ibt nocuaed pnrtiea. ADJOrmVWKVT OP THI bBCORDKR'S COfRT. JLfter waiting patlcolly for lb ma hour* U?? Recorder ?rnt a mrearoger a Um (tourt of General Hee toua for tba pur pom of aecertalnlag a hen Judge Runnel would giro III* derdrtoa In tba <w?a than arguing before bine. I iw Ibe ofl terra return be Ma ?to thai be wm In formed by Ibe (natrtet Attorney that Judge Runnell would not glrr nny derwinu unUI ibe following day Recorder - mitb Uien arnot:need bin intention of adjourning tbe court, an it woii'd be ueelaan for him a hold it open any longer Accordingly, at A o'clock tbe nffloe owe rlowed, and all further buainow before tbe Hoarder wna paotponed until a dny. PBOCKKDQIOS ON THE APPLICATION FOR A WHIT OF H A BE AH CORPl S IN THF CASE OF THE MA MIR. COCBT OP dDnntAL W.-imKA Before Judge RaneeU. ImmedMely after the organ I?li no af ibe (Mart yarn lerday Burning, tba Jury war* dlaeJargod, to order a glre ibe Judge an opportunity af heartng ibe appiicattoa of Mayer Woed'a anuaael for a wr* of liahena tor yea. Tbe mailer we adjourned from ibe Mayor'a aAcetoihtoOouft. Tbe Ifotrtrt Auoroey wared ibe appanribta af Mayor Wood B perron Mr Rail a'gwed thai Jadge Ruaoeii bed eat mrtodirtina. fbr the reaeo* thai hia appointment wren to haw go ant to tbe DoWktituU n an 1 tba Ooda. Be nrgwed that tbe CMy Jedge lad not ibe powera of a Auprrme Judge at ebemberaandar be net granurg power to nana wntn af bahrma ocrpwa. Be Bade thai prelia j>nry ebyanttan. Judge Roearll mid?I harr rtamiaed Iblw raaatlun eery Lhorougbiy, wltb a rtrw to aae wbother I \ wiwnan J tbe power of dleebarf'ng II under Ibe two Kurd art 1 am au4*Bed from ibe r *aa?tnuili<a thai I bare ibe nam., power power under lhal law le (rani 1 tU. Mr Hall raid lhal be did am iw?i? Ibat I be lire vder sad any more jnrwilictioa la ibe matter tbaa Iba CMy ludge. Or Deri for Ma 7 or Wood thaa read Ibe fMlowtar earner lo Use rranre ? Rrftw Hv n<m A P R>m*P, IN A/ <mte? j fV m^i neHNrNl <ff Urmamif H'ood ?The peiilioeer Urbert I lean for larwer le Uie r. torn of Ja are t Willett. Xherirl uf Ibe CUy uid County el New York, an ibat u?e mh! Kliei" baa ea iyht longer to detain the body of the aatd I?raaa lo Wand . m Ihr raid warrant becar. ar be Mra tbal be m taianaed . bat Ibe aald variant war irrued M aa lerafflrieat abl la > lit And further, ibal b? ir talnraed aad boner re Ibal all ! be arta Ibarrln rharred hi bar# bera d<?r by aatd I eraaa lo Wood were dear by aim while art r g a ha o4*tei ealaflly ar Mayor of ibe rit* of Now York, aad lhal the raid I eraaa lo Wood not liable la arreot nr nerraen wenl cm 10 <>iiat of aa d offlcel arte, awl roar peubaaor pray* Ibal be ranee of mm! laiprterameoi art be 107111 red into by rmr Honor (Ml RUtr IMUM. May 17, 1M7. i-Vy ?NI ff Ac* fw*.-fubnrt fMW, t* pbdwf RK H RSDAY, JUNE 18, 1857. named petitioner, being (worn, sari (hat the above an fwer # troe, except m U> the matter* which are tbom.n tinted on information and belief, and a* to those matter* be beliefs ibem >o be true. G. D!tM. Sworn beloro mo lb** 17tb day of Jcno, 1S67. A. D Xnamu- City judge. I Join In the above demurrer, so deeming It ua law, and aver in neyaliveierm*.? 1. That .be ailldavit w not (nffletenL 2. That ihn acta, whether done In acy capac.:/, are tubjeeta of erred in law. 3 That the privilege of Mayor doe* not in law avail the defendant* to their warrant annexed or In the ante for which It iH*ued. A OAKKY SaLL, Diatrtci Attorney. Mr Fl?'l lElfi thai Ha annM ithAm lh>? u a H/?mnrrAF (A the return set up, and not any sew allegation of fan, bat > Imply an a demurrer to the flaot* net up In the return The answer to the return affirm*?1 fhai the Sherltl haa no legal rtgh to detain the body of Vernando Wood, be caure the affidavit ut Insufficient; 2 Beoeuse the sets were done In hi* < rapacity; and 3 He Is not bable tv arreet on account of the raid official acta, lie would j/ln In demurrer to the answer. Judge Russell?The IHatr'ct Attorney must demur or take issue. If ba demon to-day then yon can argue the quo?tion. Counsel for the Mayor said that the questions to be d'.s cussed wero of vory grave importance, as to the liability of the Mayor to ariett under oircumstaneea like the pre sept. Ho moved that the erg anient be postponed till to morrow mornjig, as the Internets of his clitic(Mrs. Cun Dirgbam) demanded bis preasnce la the Surrogate's office. The iDtererts Involved were io great that it rat omi nently ptoper that count- .1 ahou.d kayo an oppcrt L.ty to prepato lor argument. The I>isii let Atioruey strongly opposed the ir.ot'.on. Ho

de< med It fcis duly to ask that no delay should take place In Ibis ma ter, except to give the learned counsel time to go and procure an adjournment of his case. The vory circumstance* which were raised by this return and by the answer, wero such upon their fans, ton in bia j idgmont his Honor tat warranted in brisj-tng the matter to some issue?whether the Court reminded to the cue tody of the Sb<- Ml in order that is may obey the warrant wh ch he waa ntercepted In obeying by his Honor s writ of babe is oeryus, or whether he shall be di?chargsd entirely. 'This was not an ordinary ease, but a gentleman whn held u>e ohiC office tn this city sit "leading that by virtue of ho.-' og b.? |>?! Hod as first magistral'.' of Urn city, he Is not amenable to a warrant "pop a felony# It was alleged that thee vt> an opinion rampant in the community nga.*t law ard order, , aDd whoever wo* to blame it teemed u> tlie speekor ,ust and proper that a matter of this kind should be treated summarily, In order that the warrant uiay bo obeyed and an example may be made of the eht.-' m spirt rare if he waa In tho wrong. He >jerted to the poitpouemeut of tbo argument. Counsel for the Mayor?I wt?b to make one remark, and desire tbo reporter* to owe it, and that is. that t it an i?t to Fernando Wood, the chief magistrate of this city, as well aa to the entire city of New York, to say that this warrant was issued agatnsl bim Tor a felony. Judge Hufseil? It is only a misdemeanor Counsel for the Mayor continuing? It ts a mere m'sdemtanor, wbU h. T it ha* be*n committed, has been committed ny bim In tie discharge ?f bis off - al duty. It ts unjust, I ray, therefore, to him ag an individual aa well as to bim as a mag -true, ' say mat he has boon guilty of a felony. If any warrant had b?en Issued charging bim with a felony, ho would have been the first man to have rendered obedience to that v arrant. Hut this process waa sent Uiere by whom! Hy a person who knew that tho Mayor repudiated hut authority, and a discharged and disgraced policeman waa the bearer And for what purpose? To heap indignity upon the Mayor and through bun upon the citizen* of New York. That was the object, and It could have been the only mo tive. The Mayor replied to them, "bend an oiiloer who la recognized by me ana by the authorities of the city, and I 111 render obedience " I shall say do mor - now, but at 2 o'clock, with your Honor permission, I will come bore nrortAr a?1 tn arrrnA thn ni:PHti??n Mr. Hell wtshcd to observe that u ho Ils-I not time to peruse the papers, bo could not toll wbutbcr the charge vu felonious or merely a misdemeanor Judgo Russell then adjguniM tbe further bearing of the c&eo till 2 o'clock In the afternoon. AITKRNOON RWSTOH. I'amuant to adjournment, .lodge Ku*-ell took hie veal upon the bench at2 o'clock, for tbe purpoae of bearing a motion to discharge Mayor Wood from arret* on a war rant Is rued by the Rocorder, and noon after the Patriot Attorney, P. P. Field, and Wm Curtln Noyce and ronnael for Mayer Wood, entered the room. After a few inonieuta wan apent in conversation between counael, Oouneel fer Mayor Wood roae and addrerond the D"irt an follows:?If your Honor please, tbe Mayor of tbe rlty of New York Is now before your Honor on a petition for bis discharge from arrest on n criminal * arrant. The charge agalant htm waa rand at the opening of the pro eroding* thta morning. It waa snbataaUeMy that be, on (be 15th and 16tb of the present month, bed lucttod a riot, and bad aasaultod one Daniel D Oonover. Toe answer to i that charge is, tin*, that the affidavit on whi -.b the war runt waa issued was utterly lnvulli lont fur the uau. ng of any criminal process. Tho second answer '.s as matter of Tart, that whatever ho did in the promisee was doo.' by him aa the chief magistrate of lint city. At the time thai that answer was put In neither the Mayor nor mysrir, owing to tbe state m ad airs in tho (i y I lad I and Park yetterday, were able to communicate with each other. I was obliged, therefore, to be tho petlunoer, without any Ervtons notion, after having tilled out the |?*tib<jo for tbe tor himself. Wo ha 1 to act under Informatoo and belief; for we were ignorant of tho contents ot thai artldavlt We did not know what was charged against the Mayor; we did not know what bo bod done. He has slurs in formed me, that from tho Ume he reachod the City Hall on the morning of yoeterday, and on the morning of the day before, until Ibe attempt was made to arrest him, that be did not loavo his apartments? tbe apartments sot apart for htm by the authorities of Una ctty s^ Mayor, and that all that had been done by n m was done In bis otltclal capacity in taauing orders aa Mayor, and that be tied not the pleasure for the reverse, whatever It may be,) ol tiering Mr H I>. Cooovor. Spinning, therefore, that Mr. Conovcr must have sworn to the truth?believing that he oould net have sworn that bo (Fernando Word ?because the warrant was Issued against Fernando Wood, and not against hi in an Mayor)? , not presuming that perjury had been employed aa one of tbe instruments In degrade tho ehlrf magistrate of this I city?we put In as one of the answers to tho return of the I Pbetitt Mat the affidavit on which the warrant bad been | Issued by his personal and political opponents?by the i mm who ure willing, for the purpose of subbing him, to destroy law and order and to cause bloodied ,n Uia streets? belisvmg, I say. that perlury had not In en em ployed, he stated in the answer to the return of tbetflmritr that the affidavit on which Fernando Wood was charged with inciting a riot, and charged with assaMUng P. I). Conover without having accu him, was lnsttHlri.-nt to war rant the arrest of any citi/en, much leas Uiu arrest of a mm who is entrusted by your city charter, and by every charter of this city for tne last one hundred j MO, with tbe cxeeutif u or the laws. Wore coming la here this aft'Tni?n I hero seen an I read for tho lirst time that altldavit What was sworn to before on It formation and I relief could now be sworn to on positive knowledge, and will be adjudicated by your Honor In the decision la this case i and bv everv court before which Ibis thing celled an afll davit can ever be brought. The ouly aUuaton laat there l? In the whole affidavit vo Fernando Wood ta thia Mr. Conovcr claims that the King (and It ia almost a cento ry i.r, our fhlbera said they had any king) of this cMy, the lm trmnent to deprive the cttuena ot their rigttta?the aht of *elt government?has appointed him to a i capon If office here, without ooaouhlng thaae whuw in innate are at stake, without consulting the governor of Hi.a mu r.inpallty leat thla Jewel of a judicial procwvding, that could only exist In the mad corner ot Chamber! ami On tre streets, alrht be mistaken, I beg leave to read II to i your lloooraaa part of my argument. (Counsel then I read the warrant leaned by the Recorder for the arrant of he Mayor, premlaing that Mr. Oonover a*ore be waa Street Commissioner of the city of New York ) Mr Devlin I la nut only Street Commtealooer, but he la tie /iwielhe Inruntbent <4 that office, In pooecaateo of a'l the boot.'!. The only aUonioo la the whole alii davit to Mayor Wood ia that aome pert one who took Mr. Cnoovrr by tbe eerk and hurt It. who forcibly ejected him from the place where be bad been put by aome irresponsible persons, told him that Fernando Wood directed bim He did not apeak to Fernando Wood; he (Wood) waa not id the neighborhood, aor did be aay thai be waa Mr Urn ? err did not even tell your Honor that the Hall af Iteorda waa in tbe aame county with the place where Fernando Word waa at the time when thle assault waa < ommiUtl. He did not charge a riot la thla indictment; ho almoly rbargee an arancR and hattrry. and that aaaault an f bat tary be aay a waa c mmlttrd by peraona other than Mayor Woed There la no pretance that Fernando Wood was rirosent 'here ta no evidence, nor tbe prateeoe of any, before the efficer who taaued that warrant tba' Fernando Wood nrdrrod these moa to do the wt. We aay, therefore, oq behalf of the person who |? detained on criminal proroM that tbw affidai it la inaufficlent. 1 aak your Hm.or and three wbo repraneat tbe people here, and In behalf of the jmblle who bare eat come here to day fbr Ibn purpoee of mpreoalng any ri-ren without authority of law, if Uie liberty of the iMM la ae cheap aa the t I aak if a man whether he oocuptea the position of Mayor or ahrtber he la the humblest rltlaan thai llvaa within thia r?" niy ta to ba deprived of ble liberty upen a atalement tike ibia, that aomebouy without aay tog wbo, baa said that Tirebodv else told L.m to ootnmlt crime That ir U)0 petal 1'i.ppoae a burglary wraa committed .n thla city and the burglara ware arr?wted In the art, end they about] ray ttinaado Wood or John Smith told him to ooramit thia burglary, I aak If Fernando Mood oe John -mllh Oould lie 1 *rreeled and held upon ouch affidavit* u thai! Aad that M lb* evidence under oath on which Fernando Wood *m r at rented by U?e Karat ler or thi* rllj I o ?i" to ali i le In 1 the lime and the fin tvmetanre* r.tidrr which the warrant wa* awed There la lynch law la Oalifhrnla an l ao-ne oth< r piece* Bat here in thi* city, with ihu ran; population, at a l.me when there are two oodlea rialntioc tmh to be tin; rwhre farce ot the city each rJa m rir to hare the power to prated the Urea, the liberty aad the prnpertr of the dtleea?for the recorder, oa aorh an affidavit, to Gwao a war rapt net <mly affaiapt a cttirrn, bo I the chief magistrate of the rite?la an art which, If H doea not receive, deeerrea impeachment? an art which waa done with the te-dgn and fbr a* other pnrpcae than to Incite a riot, and wbt-.b ha<l red the effect which wae deeirncd by lb* anthem, a mpiy herauee the Mayer aad three who acted under hie direcwon were determined that the lawa rhoult he f leveled, aad thai ao violence tbonld he employed l? the nwiid point nmnel rernarh. d thai he d.wired to hear the other aide before arguing It He merely pro peeed te Mate the law far the porptw of clearing up Inoor ml impnealuM that had bona made on the public mind N had lieea ?atd that Keraaodn Wood elalmed he wae eiempt from arrerd on a civil prorane for rmtntnlthPC crime No ench claim had been advene.-! by him, nor had aay Curb pretence been made by hi* conaoel He t came men ly W My it kit Homr that Mayor ERA was not liable to arret)! on that proceai for ibo acta therein charged and en the facto there adml.led. If FVrnando Wood, aa an individual, bad ootnu.ltted crime, he wa* uke every other cilixeu subject to arrest; if be bad ilone anything which subjected blni to arrest uuder Civil pioceu, for converting bin neighbor's property, for trespass. or for any other personal wrong, be wm as liaile to arrest aa my other ndivldaal in the community, aud woul.i aa quickly and ae aubmlarlvelv reeiiond U> the law a any o'ber ci i/.-n. But ae the ohi<T m*K.?liat" of this city, in the discharge of bia duty, whit li wan admitted on tbe pa pert) as tbey stood bcloro the court, Ibat whatever was d,.ue |,y bim wad done aa chief magistrate, couuael affirmed ibat be was not only exoinpt front arrest ou a warrant itemed by the Ilccordir. or by bU Honor, for any of bis acts as Mayor, but mat ho wua evempi from presentment or indiciment by the Grand Jury. Atnl what woe ibo penalty bo would luto to pay if he acted improperly? It wai not a potty larcouy war root by a pel y larceny niugimrate, but it was Ibo right to appeal to the power that could Buperviae h.t proceedings, and to appeal to ibo irauch>e?to ibo people who gave b;m tbo power to e\< relse In their name Tho speaker sald'bc might appeal to every charter that was over granted to this city, edbor by king or by republic, to prove tho facte which he stated, but for the purposes of hie argument he would not speak of the charters which were granted in despotic tinios, when the people were not supposed to be capable of self government. He would only allude to the charter that was smuggled through tbo Legislature, which would be as Infamous in the records of infamy as the celebrated Kump Parliament Id the time of Char Ice the First, to show that tbo Mayor was exempt from arrest and indictment for any act that be did by virtue of bis official position as Mayor of the city. He would refer to the -IPtb section:?"The Grand Jnry of tho county may present any officer. other than Mayor, Counsel to iho Corporation or Comptroller, created *>y or holding office under this charter, but only upon testimony from witnesses who are personally MghiMMOf tbe (acts they testify to, and after the person so charged shall have bad a reasonable opportunity to apoear before said i-rand Jury in pernor, in explanation thereof This presentment may cbargo such officer with wilful and fraudulent ombslon of duty, or (Winilwhffi of any official act prohibited by law." The Mayor, therefore, could nn tie presented by tbe Grand Jury for any official misconduct U was admitted by tbe demurrer to the answer that whatever 1'ornendo Wood di I In this caso was done by blm as Mayor in the discharge of bis duty, and not dberwise. It was rs'her a novel idea to Indict the Mayor for discharging his duty. Mr. Held, interrupting?By inciting a riot. Conned for the Mayor, continuing?If the Mayor ordered a man to be shot down, he does so in the discharge of hut dnty as May or, and could not be indicted for It It eras one of those things that he might be called upon to do In the "xereise of a sound discretion; bat if bo abused ibai discretion, be could be removed from offlco. The affidavit -intod that too Mayor ordered the assault to bo made. He bad a right to protect property and to protect tbe citi/en in the enjoyment of Ills office; and whatever he did in tbe discharge of his duty aa Mayor, he was not iDthviJually liable lor. Tbo moment he coosed to act aa Mayor, ho acted at an Individual, and was liable t> be pun a-bed |f bo did wrong. Tbe Mayor was not tho only person interested in Ihts matter: It was a quostlon which concerned the social order of the city and of every city in this republic. Tho question was whether a public officer who discharged his duty was subject to arrest and to a persona! examination on tho statement of somebody else. Discretion must rest some where. In a city II rested with the Mayor. ?o far as the State was concerned It IWM wdh the Governor, and In reference to tho fe.loral government, with the President. Tnere was but ono precedent in the whole history of our government lor this arrest, and lluit was the precooent so famous in New Orleans when General Jackson was arrested ar.d lined 91,000 for having discharged his duty as an rift iTf TV) A Pflnnanl u na nrniirl ia nn A marirnn rtti /nn to *ay thai tho One was restored to h.m, with intercut, long j(ars atterwards. It had remained without a parallel fiuce 1514 until the vear 1867, when the Mayor of this city la arrc?te<l for discharging hi" duty. The speaker concluded by saying that ho would reserve the right to reply to aay argument or to any authorities that the other aide might cite. the Dlsthot Attorney asked for ttie authorities which counsel relied upon. Counsel for Mayor Wood?I cite tho 18th section of the chapter as to the duties of the Mayor, and the third subdivision?"It thai) be the duty of tho Mayor to bo vigilant and active In causing the ordinances of the city to bo dnly executed and enforced.'' 1 cite the 40th section, ia reference to presentment l>y the Hrand Jury. Mr. Ball then arose, and, aflor some preliminary remarks, said:?la (his caae, as It has arisen, the defendant's presence has been waived The tlrst question to be raised Is as to the attitude In which he la placed before your Honor, and upon this point 1 will remark that It la but a simple warrant or arrest upon which you are called to pars?a warrant of arrest duly Issued and legally served. My learned mend has fallen Into a very grievous error when be supposes that an aitidavU in writing should precede the warrant o: n magistrate for any offence. Two cases may arise where thla would not be required. Kind, when the magistrate himselt witnessed the offence and secondly, when he may have received merely verbatim intelligence, and that so only In goneral terms without sredfylng what the offence In. Thla law is doc c* vary in any community where the common law possmeun that vitality which will give 11 force, and bonce it is absotately necessary that a sound discretion should be repcaod in a magistrate to Issue a warrant upon Infer ma boo and belief. AU that your Hooor la allowed to inquire into Is Lb la?whether there Is probable eauae that the . fN'oro or crime has heen committed, and whether MM probable cause extends to tho parly namod In the warrant. Ji dye Kuseei!?There Is n? .loubt but that a magistrate may issue a warrant npoa ocular demonstration or upon the statement of a ritircn. Mr Hall?I will ihcrclore, not dwell upon thai point, If It Is conceded, sxrept to quote the authorities for tho boneHt of my learned Mends. It la unnoerwaary for mo to read the affidavit lire Kecorder has not begged any question: there Is no lubterfbge abort this matter?we ra -cl it fairly aed beldl;. If there has been a oommumci.l aad you Ihlhk the re-mmi'ii.rnt unoiOcieDt, 'hen there la a diecharge, ir it appear ?hat the party hefleg d'y committed, tl en 1 hold yoi r honor has not the power even to ball the j? t. ndaol. He must be reman i?-.i an I I r nn p ma'tor lie fore (fee mag i-irate beibre whom trans|itied the previous proceedings. .ledge Ruveell here called Mr. Bali's attention to anuUmr sect toe of the act. Mb- Ball then read the warrant The charge of Inciting to rtet, be said, is a legal deduction drawn by the mafia trat?rrem the *ul*huice of the all! Uvii and the question Ls whether your honor will Use the responsibility of intcroepieg the art ten of this warrant. Tho jiicrlton as to (lie insufficiency of tho art: tavit Is outside, and one which cannot be euiertained. Now 1 certainly am taken by surprise by tho proposition my learned ftieinl has raised by bis demurrer, but It mil lit he of lltOa- account that I should bivc been surprised, but my legal associates, who have kindly consent rd to assist me by their valuable counsels, are also surprised ; and, sir, if Iboee mute law books could speak they would say they were equally urprl-eu at his bold and urrpaetrrnua proposition I have asked for author I ties from my learned friend, foe while his aarertiooa may be of great weight when und^puted, I have a right to oall upon MB lor som? authority to support his declaration', i< well as for aoase principle of law to guide us to the tame oenelua.ma "That the Mayor cannot be indieti d lor any act done m b? ofhclal capacity," as my friend >ust now declared, la a monstrous proposu.no, inteliable in principle aed uasutqswted by aulMntv. In the elem- ata ry books (Wharton's Oitwinal law. p kit.) It Is state-1 thai m; public cflorr ouuld be indicted Tor mi'oooduct, r. na when Bo injury revolted from Mi abuee of poarar. Now bow OMtrb tlronyer la lhl? raeef? Utr iiyury i did reeult. H?r? wo have a Mayor, a public gflVuer, fraudulently etreedtnf hie power, m<1 la Ibla aflidaolt an Individual makaa oalb to the injury, , The elementary buu ?ay that ibla la ladnwabie at r-ommon law, otod wboa no injury reunite TVe reaeao of Lhio ia alno (loon. Ix-canee It la eell*ac a bad or am pie Wert Iba contrary tbo law, it woald be iacb a muaaWoua propoeltkw that you mtfbt abut np your nuneUtotiaa, bar Ihe temple of juatico, poll down the fl*#? of our lih-nir? tad fbrcrer bid maiiee to baa ah borrotf r oat tbo brow I joaiaina of a republic or a I. Billed BOMNiiy Tbe mar onvlMx in fraudulently rtrerdlag your duty ami etoalan your powera to the evil axanipTo of the p-up c whoa.rigkta yoo are put there to protect. But vnya my learned n.l, lb- . hail. > I.e. -u fT- i " *i ! - ha wi waa no nncb abuoed by my learn-d frlaed, wLi vh I uaiy know aa a law of Ihe sutlo , ytl Una murk abuec-t rbar. ker ia rolled upon by htm to tare hia client from miwvoa went under tbo warrant of a mafialrata af Ibla ctty. If bo be *o mcoetlsteM aa to abueo aa-l depreciate tbu .-bar ior uu tbo one hand, while at I be tarn* time (rami ntr M ?lib tbe other, ikon may not your Honor coorluV that f bla profutalotM In fact are illif iual, ton nmpoaaioa* ia .iw will boar no bettor Wvt? There |? iwa n th.a (barter eron a forbiddina by. tnpllcatloo of an lniiietm'Bt In tbe oaae of a public offl or be ia amenable aa on eflir-w an I aneweraYe a* a mai In pnnieh tbe man and continue him la nttae w -uid be in luilroua Per an ofliucr to be t.mplf renmred from afire ami yo unwhlppid by juatice would be nqoally moa troea Various waya have been enacted Ovr 'each.of ? -ch Mb Tbe new charier provide- an addrti ma I one?thai if preeentment and I spiar.hmeot- -Ibr all of.- r? ear ?pt be Mayor. Corporation Countel and Comptroller. wLicb ire left to tne aoveroiyn power of the HUI-. Tbo claoe- in be charter, thai It la iho duty of Ike Mayor to be vigilant ind active in ratiaioc the ordinance* of Iho cue Pi be dot* inferred, I* elao presented io my frleud'e arg fee at Dal vbo Is to be tbs judge as to what cotistitntee rich rig laoow Ltd activity T A man may think he baa fall.'led this r? ,i:lr*moiil and mi raw, but lbs law may step n and| In piirs by Indictment whether he baa not exceeded hi* duty. I ho Omirt mar recollect that in Portland, Ma nr,tbe Mayor, it mayor, at tbo timoaf the trmpemn xs excitement ui thai iiaco, ordered out the mlitUa to lire . i?>n the elttaeoe, t was not dreamed or to set np In bis deface t-pno hi? rial that hi* art* * ere privileged because of hi* office, the judge of aa Ungll.-h eolony was tried, convicted and mug for murder, br-nuac a man had died in ooo sequence >f a irhippiug which bo bad ordered u fidge. Mr .loeeph Blunt here reminded the District Attorney hat In the first volume of thn "State Trials" is toe report if Chariest setting forth the same exemption which is Ja m* J bv the Mayor. Mr Hafl enuttnuod at some length to srgie Uta*. the ledge's duties were confined to the impeachment of the *a'rant, to the Impeachment of the ror.itals ol Idle wsr ant, or the Jurisdiction of the magistrate Beyond he Jairavl the court bail no power to inquire. (Jounael Ihr Mayor Wood replied that the erg ment #f it* opponent, BM to the courtesies doe from one mas trate io another, should have properly hern addressed to the Revwrdef. The Mayor was one of the criminal magt* tratea of the city, who was to be arraaled by the warrael if a coordinate magistrate, without any ocnauiumni or irrerioos oonaiderauon between the two *v*gt*tn'e? If that conMesy had not been obeerrnd let blm without ait meat the first stone " I et not him who be I vt dated that uonrtesy -ome before this court and ash for that conrte-y bg evKaUtd tcwhrd jum. I?f M*r<* Md Of?a ?. LD. PRICE TWO CENTS. rwUd for * p?".ry rnu 1 m.anor, at a Unto when rrory ou? felt that it needed hut a spark to oc aaion an explosion Courtesy would hive boon well enough before UM armed l oll?.?u,eo and Ibe mitllary bad Men ailed out to arren the ilrst nia^ tr .te of tbe city. Whether the reroroa of tbo c.-lnin.al c->orN would enow that the naagattrute who b?ue<J tbo warraute had been himself arretted be knew not and -ared do?; th'y were ho'e to argue the habeas) corpus. lie wouki argue that if Ute Mayor was not exempt from arrett, his Honor would be obb>?at to take bail th tin. cjw.?. Complaint* bad been made that there bad not been authorities produoad, but titero had bOOU no ItfHO to tj?i finvth ?u' but t/? ;>r?*M*rvti ths rmhi.fl peace. The auwer to Iih prop*! Ion toat u?i warrant wan inst'Ulcicnl, because uo ciir/cn codd be arrested without an affidavit a canst hint, bud not been sufficient. A simple complaint ww truly alt lual wan newusnry to examine the coroi'laiuafit, and the next rtrp was to isa.il wart acts lor the production or witnesses Th.s was all that was provided by thecaso n Iti Barber, which had been cttni in answer to tils i rpt proposition. Rut the eccu-inn - of J 11, page x and V, tourtb edition, provided that if it ap|>< artd hy such examination (>T tho ooinp.u.nanl an 1 witnesses that a criunnal offence had been comm '.ted, then ibo magistrate bad the power to i*?ne a war-act for tbo arreat or the accused. But tho alUdavit of tooover was cot th?t lie had tv-cri assaulted by W iod, hot that thon? who inr-uultcd him bad told him that th<y acted nndar 'bo command ot Mayor Wood, ltm duty of the inayw-trate ssi, tbirelore, to snbpoxa Ibo assailants and eomoo) them to testify aa to why they had tunde tho afreet llo asked d.ntinet e< vision on to" whether a cHlron rould bo arrested on a complaint, like this, unsupported by the affidavits of witnesses or by tho name of tho informer of the complainant. Should a magistrate is* do a warrant for <bl man hy whom tho criminal Hani that ho had been coa>rr.acded to coremtt the wrong rather than the ertm nal himroll'V In relation to the answer to his second pu n:, "that the Mayor ctHtid not bo Indicted as was ronis tBplated by this warrant, which was that any pub io officer can be indicted for otticiat misconduct '. he donio i lh" There was so charge ot otiicial mi-conduct in tho affidavit ofC'ouover. Titere was no charge that Fernanda Wood, Major, bad "wilfully and oorruptingly" done any wrong; sgnlEst the complainant. Was there any conolaiut tn*t ho had put an improper perron in tho Strwt Umi it.* ?toner's office)' None. Tho Mayor hail Imen accused of assaults g Mr. Couorer Thoy admitPHl it, and uliogod that he had a right to do It as a magistrate Ln the discharge of hi* duties. At the conclusion of the argument of counsel tor Mayor Wood, .fudge Russell said he should tajM time to eons: ler UK] question and prepare his decision; ho wanted all the papers In the ease, and, in the meantime, the Mayor coeM remain in Ibo custody of the Sheriff. 'the District Attorney wauted tho order endorsed so Mm back of tho habeas corpus. Judge Ilussrll said that it was not necessary; Ibo Mayor would remain in the custody of tho Miertff" ant!) farther orders. The District Attorney wanted his Honor to name toff time lor the decision. Judge Itiissoll raid that be should be as expeditions *ff possible, and shooU probably be reaJy on Thursday or Friday. The District Attorney claimed that they should adjourn to a fixed period. Af.er somo argument, Judge Russell adjourned the decision until Thuriday,at 1 T. M.,and so endorsed the baric or llie habeas rot pus, remanding the Mayor to the custody of tho Sheriff. OCCURRENCE** IT THE METROPOLITAN PO. LICE HEADQUARTERS. The quarters of the Metropolitan police, No. M Wfcitff street, presented a lively scene yesterday morning. Ail tbff men who ware net exhausted from lite previous night'* watching were on duty and ready for any call that miffhl ha mailn tnion them. Tim Commie lone-W not at ton o'clock, ami after a private eo?sioa of alow minutes announced that they would enrol all the special policemen who wore willing to sorve. The work <d'swearing to then commenced, and up to * P . M., nearly MO special policemen warn enrolled In the rank of the lletrop jlitan. To distinguish the Metropolitan men from the Municipal police thoy were ordered to wear red ribbon is their coats, and a dead set was made at alf the retail dry goods shires In the vicinity for a supply of the necessary material. The ribbon trade has not been so active in that neighborhood fbr a number of years. Drying the morning crow ds assembled in I'ront of the bouse ia White street, and all were on the qui vite for some new sensation. It seems that nearly ail the men who have been enrolled are natives, and'l is said a political bias of that character is sought to be given to the present mini* cipal struggle. There were plenty of men who were desirous of serving in the Metropolitan ranks, and during the day the office was thronged with applicants. At three o'clock it was announced that no more man would be taken that day. but the applicants wore noitflod to be present at s o'clock this morning. Tlie new men were immediately furnished with club* and mounted their red ribbon:'. Some of thorn wero taken to their respective stal <>n bouse: and drilled, but the majority stood all day idling about the street, and evidently ranch imprest od with a tense of their own Importance. A nun.her were put on duty to Weep the ntroeU clear, but as ibe wslks were mainly encumbered with the new policemen, and as one ot' Ihtm has as good as another, all gnvo orders snd no eae obeyed them. About noon the Metropolitan* became foroclnuslyh'.ngry, acd a clamor was raised for something to eat. Vie Commil-.'loners, who kept in session ail day, rsepunJed to uss rati of their cohort* and to,appease their appetites seat ou', far s large cheese and a barrel of crackers. This fodder was soon demolished and another choose and barrel of crack"rs shared tbo same fku>. And th is the new pohMmen paeetd their first day, eating crvkort ana 'iieese. tcnri-hirg their eiubs and lounging ?boat the struct#. In addition to the special policemen appointed, the fbilow'ng were enrolled as reg Jam and will a:t as ^ rgeanw to the others rwaurw wski). A. Forbes, U I. Treadwe.i, A French, James B. Psttii, Robert t I- lag, Jouepn Thayer, A. G. Ha j den, I'at Llaluran, A. Bell, dicar 0. Fisher, J. I.. I j womb, R. Hale#, C. M.aor, I), r.#Moa. R I'ayler, J. K. ITiUUps, J n I'ertor. H. C Vaa (trden. II. M. Crcy. VLvprrsacr* wssn W. lavender, J V lis. last U.jfht s foroe or twenty Ave men were lUttooeg it No. Ml White street, to guard lbs budding, CONDITION OF THE WOUNDED. The majority of the Metropolitan polleeriwn who were wounded wers In s comfortable coudibon yostcrday; bag a Tow of them are reared to be in great danger. Officer Ferguson, of the Ninth prssinct Metropolitan polios, was In a very low itats from the wounds he received a lbs bead. It was (eared be would die during the night. otter Crofsrt, ef the bevtnleeuih precinct, was ako very .11 from the elc-cu of aevera contusion over the syo. Us wounds wets much luilamtd, snd ho may not survtvs bw u.juries. ( Wcer B. G. ttmith, of the Fifth precinct, was .a a mast precarious eondiuoa late last night. l*ir.ng the day he was delirious. This pubceman bad his skull arses*! in several j lace* "fficen icigl.ico, Burlieoo and ffwceiey wers prooouso* ed much bettor snd oat of danger. ARREST OF POLICE CAPTAIN BENSITTT. iriBlOB COt'KT -HmCIAf. riR*. Before Hob Jr.tig* Hoffman Coroner Perry brought before iba Oouit Police C*ptait J. W. Bennett, ooe of the partim rhmrgt4 w ?b the Mayer u4 ?b?r iff with arseulllDf Mr. it ft. CoBorer, tbe Albeit/ Co?ttM?ioo?r. T*e lorooor Hiked the Court for Uirtrurtinoe to ihr matter. Tbe COurl naid that lb. < eroncr bod Doth ag to do bad crept boil tor lb defend a.t ,i. the rum named, (10,000,) 11 ! the com wou'J be beard on Ibr lftlh mat. tbr Coroner and the C*| u -i left toe Court, and the re. ?jt .red bwi wm tooB r?Bi|'i< ted MOVEMENTS OK THE MILITARY. Pursuant to ao order ftm? Hen. SaaJford, noe ragltntnU were uB'ler arm* all !*y yartcrday to preeorra tbe peace They aero an follow* ? t ou?th Ilertment Oulorrl Florken jWth Pe/mmi ' ilmlfobeyuirdw, butb Pefimei I Ooto?i?l PlarkBey I irbtb foitnnt . Ortonai Crou*. S lulb lUjIDWBt ... Cot?Be| P?tkln. t levant ti R rimrat (Vlooel Van Birto T*' tftb !' . imeot Colonel Onr?*. fifty flftb Kwmrat t'ntonrt Iera' barrenly Br-t Wftnw at Colonel Vonbu'gh. la all, then *aa alrmil HX) m- a un |er arm m ? te aJ of tbe rtf mrata torned out ?llm. They ware H .tered at tb, r rea -?tr e h??';.?#tera ?ory Id lha lay, aaJ Bmrcbetto tbe ar<?nal, oornar of White and Hit atrr ie. At neon tlia m .1 war* m .erred, aa a waa <-vpn-ied the/ < HI be en ed to IBe Park but not being nailed tbeif arm* varaanrked and Uir a.c.era a*u-?t tbea.eaf.aM a em ng, dnak.a? and amoding. oatil ih? u J * o'rirak. nbfO Ikey t',r deaieee-l t l? i'< '? 'leraBaaf tbey -fiOMlJ bold iham-r'vea in mndl'i-we ,r C?n r. U th W? h i?|. '??- ? '? ' * M fortn. in' a? tit* Viitoul i.it t?iUM "" "" 'w r >1 n to Oil To,volar mM-mac TfiBJ Tfr? J 'It,I : yr?1,r.1ay imm nr ?ton l'"F I'l' ? the A A *. r>i?vvw train f,?r Itjnb-r If OtJTtfJPE W7EVE*, The aniirty u> biw lite ntnll of Urn latere^* holwo'a Ibr rfllr.o'? IB I* Mayor taaa vary c-r*t, Ml iwany wore Lb* *raj.<rt?raa a* to thr pmbahi* revolt. The ^roaml wrf?? ?m ?*> rather rabaoxd by ooarf.Irrabio row mot inn ai tbe door, ud uiero wwt fbr % moment row* *>*" of row < <m*iilerahl? aHnf, howi>r?. ww. rvpo.ofHO'l when tl ap>-arrd that tt >? <mly oor rorpurnt Chief of Pri cm vainly trying to art Uirwiah th* oj? e n( 01 owe of tho fhhl of lonrv The -1 " olty wn toon roller*,! by ibo ipra. 'ny of the other door, ta I the Cb f cot oal aft. If. ' rnruiyly *v n t??d with morh u <rhter at what ba nailed a fcrr(. h, (U aooe fbl'o vr I by M vvra <ar potter ;~>ybt, W-neral Aml'of I an I th" othora, w'm w?"? -onn nrrovnded ly tay. r n ,.,'r ra aa to what waa iho ror.lt n-v, boo ICONTWWDON Item Pbvik]