New-York tribune., 1889-11-16
THE FALSE COUNT IN TROY.
JUDGE MAYHAM REFUSES TO AID THE
DEMOCRATS.
FINALLY, WITH THE CONSENT OF BOTH PAR
TIES, THE NATTER is REFERRED TO
JUDGE EDWARDS IN SPECIAL
TERN.
tBY TELEGRAPH TO THE TRIBUNE. !

Aloany. Nov 15.-The frauds by Democrats
IN Troy by which the Republican candidates for state
omces' and General James c. Rogers, the Republican
candidate for State Senator. deprived of several
."ous"hu votes, were brought to the attention of
suuge Mayham. Of the Supreme Court, in Albany To-
oay' Judge Mayham IS, a Democrat. and therefore
'ne democrats Of Troy clearly hoped that he would
au 'n'm IN their efforts to compel the Republican in
spectOr OF election to sign the fraudulent election
turns. But they soon learned that Judge Mayham
was OF the opinion that he had legal right to take
ho case and that he could be persuaded TO change
'hls view. Before this decision reached some
interesting statements were made by both the Demo-
crauc ana Republican counsel. The Democrats were
represented by Dstrct-Attorney Griffith, of Rensselaer,
county Roswell A. Parmener and James Lansing
"hile the Republican Club of Troy whose members
are endeavorfng to bring to justice the Democratic
Dailotbox suffers and repeaters was represented by
George b. Wellington.
District-Attorney Griffith prefaced his application
or an exparte order to compel the Republican lnspec
tors 10 show cause why they should not sign the
Hauuuieht returns, by saying in an excited manner:
Your Honor in six wards of our city the Republi-
can inspectors Notwithstanding that they took part
In the canvass, have arbitrarily refused to sign the
returns The Board of Canvasscrs of Rensselaer,
County therefore unable to proceed with the can
yass of the returns"
Mr. Wellington denied the right Of Judge Mayham
TO consider the motion and was upheld by the judge.
ms decision greatly annoyed the Democratic counsel
MI "flnith screamed out that the Republicans had
not yet produced any proof of fraud.
Here Mr.. Wellington took up a large bundle of
papers and said:
hold IN my hand the afhdavits of over 100 Re-
puDicans who swear that In the Sixth Ward OF Troy.
for Instance. they voted for James c. Rogers for
tor and yet the Democratic members of the Board of
Erection Inspectors only grant him twenty five votes.
Every other Republican candidate received over 300
votes in that ward, and undoubtedly General Rogers
did So This Is a specimen Of the evidence / shall
introduce when this case is taken up for trial.
Judge Mayham said he must rule that Mr.. yelling
toms objection could be overcome. Then, turn
ing to DistrictAttorney Griffith h. said: "Why
have you not applied to Judge ingalls,, at Troy for
the writ ,"
He will not hear the case' interposed Mr.. Par
menter.
Then why did you not go to Judge Edwards ~
said Judge Mayham, looking at District Attorney
Griffith.
" The fact is,' replied Mr.. Griffith. 4" there was an
article In The New-York Tribune stating that Judge
Edwards was unwilling to take the case but that
Edward Murphy, ir., the chairman of the Democratic
stata Committee who lives at Troy would doubtless
go TO Governor Hill 10 the matter and then Governor
ltll WOld put pressure on Judge Edwards. since
Dat artc appeared Judge Edwards has declined ab-
snlniely 10 take the case.7
" | know Judge Edwards to be a courageous man.,
said Judge Mayham, and | am sure newspaper
insinuatlon would deter him from taking case II he
believed that he could rightfully do l certainly
am not af aid 10 take this because of the
paper talk about IL. but cannot that have any
legal right 10 do So
." T am willing 10 sign an order to the Republican
waris In the Special Term why they should not sign
these returns