New-York tribune., 1891-12-24
81 have answered your question: replied Mr.. Kloe
g" say that no such election returns are In this once.

say that no such election returns are In this Office
MR. CossUMS MISSION TO THE cATToL
But Mr.. Rice was not left In . position to say after
ward that he ignorant officially that County Clerk
Emans had sent correction Of the returns OF Dutchss
County to Albany. This morning he was waited upon
by Charles f. Cossum OF Poughkeepse, who presented
him with certified copy Of the election returns OF
Dutchess County accompanied by an affidavit detail
ing mlnutely the mailing to Albany Of the Dutchess
County returns.
Are you connected with the Office of the County
| Clerk of Dutchess County," said Mr.. Rice to Mr..
CosSum
81 am not, replied Mr. Cossum, but appeared as
counsel for the late Mr. Deane the Republican can
dldate for Senator
Then cannot receive the papers. since you are
not connected with the County Clerks Office said
Mr.. Rice doubtless forgetting that he received without
protest and submitted to the state Board Of CanvasseTs
an alleged election return OF Dutcess County signed
by John j. Mylod who at that time did not have the
slightest connection with the County Clerks Office.
Mr. Cossum, however, placed upon Mr. Rices desk
the affidavit and certified copy of the election
returns Of Dutohess County. The affidavit Is
highly interesting one, and worth reading part OF
the history Of attempt OF supreme Court judges
Democrats too TO get the election laws obeyed, and
the evasion by Democratic state officials OF the orders
Of those Judges The affidavit Is given below:
State OF New.York, City and County OF Albany ss.:
Charles F.. Cossum, being duly sworn, says that he
resides in the city Poughkeepse Dutchess County New
York. and that he is personally acquainted with Storm
Emans the County Clerk Of Duchess County. De
ponent further says the 2lst day OF December
1891 at about as o'clock he filed In the Duchess
County Clerks office the original order granted by the
Hon. Edgar NJ. Cullen, Justice OF the supreme Court
at a special thereof held in the County OF Kings
10Th day OF December 1891, which contained as
follows: o
t is further ordered that the County Clerk Of Duchess
County be forthwith forward certified copies
said Of the whole number OF votes cas-
in said county for the office OF Senator, filed In his oee
on the 9th day OF December, 1891 TO the Governor,
Secretary and Controller
Deponent further says he was present when the said
original order exhibited said Storm Emans, County
Clerk County Clerks attention called to
contained in said order that thereupon the
Emans to the safe in the Dutchess County
Clerks once and took therefom three copies OF the
statement and certificate OF Board OF County Can
vassers Of the County OF Dutchess In feis'
ton to votes given for the ONCE OF SENATOR
referred to in said order each inclosed in an
envelope, addressed to David b. Hill, Governor Oh
State Albany ~ Y.'; one addressed TO Prank Rice,
Secretary State Albany, n. Y and one addressed 70
edward Wemple Controller Albany, y. "; that SAID
copies said statement were tyewritten that the
said the presence OF deponent signed MS
name as County Clerk each that 10 was
correct transcript whole of the original Statements
remaining file in that ONCE that his seal OF once was
already affixed to each OF said copies.
so signed and certified by said County Clerk were copies
the original statements and certificates OF the Board oil
County Dutchess County In relation 70 te
votes east Senator filed in said County Clerks once
1891 for the that the deponent ana te
County Clerk there compared said copies with the
original statement filed Aforesaid
Deponent further says that thereafter the SAID Storm
Enans in the of deponcnt, ncosed one oil sala
certified copes of the envelopes addressed a. aore
said to the Governor Secretary Of State and Controller
that he then each Of said envelopes and ahxeh
thereto two postage stamps, and that the sara
Storm Enans, Dutchess County Clerk, then persona
went in company deponent the po.toce Of Pough
kcepslc Duchess County, n. " which is the postoce
nearest 10 County Clerks oice and that said County
Clerk deposited the certified copies OF the soresala
statement and OF votes for Senator 80 inciocd
ana addressed sau postomce, III tnc usus
pace OF said Office deposit OF mail matter going
north that said copies deposited In said post
Office between and Z 80 o'clock p. M, December ~
1891.
Deponcnt says that at the same time the saa
County Clerk deposited said postoice at Poughkeep'ie
v. " certified copy OF the Official canvass OF the 'oeS
cast i'm said county OF the last general election
by election districts rolled and ted with tape and adj
dlessed TO Frank Rice, Secretary OF state Albany, ~ ~
with twcnty.six postage stamps prepaid thereon
Deponent further that the evening mall !or Albany
n Y closes at sold pcstOilce In Poucbkeepse, ~ y at
O'Clock D. m and that he has been Informed by the post
master at Poughkeeele, ~ " that he said postmaster
,ersonay saw at or ABOUT o'clock p. December IL
1891 the three sealed envelopes with enclosures addressed
to the Governor Secretary State and Controller as above
described and rolled package, addressed to Frank Rice
Secretary Of state deposited by the mailing cleik In said
pcstoce the bag receptacle with ether mail matter
about to be sent to Albany, y. y
Deponent further says the copies OF the statements
and certificate OF Board Of County Ceyassers OF the
county in relation to votes cast for the once
OF Senator hereto annexed certified by storm EmmanS
Clerk under signature and seal OF Office is true copy
OF said statements the were certified and mailed
by said County Clerk aforesaid. the copy hereto an
nexCd having been compared by deponent aud the SAID
S;olm Emans, County Clerk as aforesaid.
CHARLES +. COSSUM.
Subscribed and sworn to befoIc me, this I'D Gay Oh
Deecmber 1891 WILLIAM 5. BEERS,
Notary Public, Albany County, y. Y.
AN ACT OF FAD FAITH.
Meanwhile Governor Ilill and Deputy Attorney
General Maynard took the first steps today necessary
TO give the state Board of Canvassers power To can
vass the false election returns from Dutchc'S County
known as the "Myod certificate" The Court of Ap-
peas is now considering the validity Of this certificate
and he case was taken to that stipulntions
hv the Republican and the Democratic cOunse', or
whom Maynard one, that this court should decide
the case. II would therefore seem an act OF bal
faith i'm Governor Hill to call extraordinary special
term Of the Supreme Court aud to designate Judge
Mayham to hold it, and then to have j. Newton Fierj
counsel for Edward b. Osborne apply for mandamus
reouing the Board CT CanVassers To show cause
why IL should not canvass the Mylod cerifcate-that
is the false return. Judge Mayham, as siding
Judge of tile General Term OF the supreme Court
fortnight ago approved mandamus issued by Judge
Edwards restraining the state Beard of Canvasser5
from canvaSsng the Mylod certificate. Tie case was
then sent on to the Court Of Appeals.
To day j. Newton FierO as counsel for Mr.. Os-
borne asked Judge Mayham for an order requiring the
state Board of Canvassers tD show cause before the
special Term on Tuesday next why mandamus
should not issue compelling il to canvass the returns
forwarded to 1t November II, known "a the Mylod
certificate The only persons In the courtroom when
thi, application made were Deputy Mt'rn'y Gen
eral Maynard Judge Mayham, who acted ms both
Iudge and Clerk OF the Court, and Mr. Ficro Mr.
MAYNARD claimed to represent the state Board of Cin
ylssers and made opposition " Mr.. Ficro's mo-
tion The state Board Of Canvassers are thus put
In ro.itinn hy Dennty Attorney tieneIal MaynaId Of