New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-11-21
JUDGE BARNARD's PLAIN WORDS.

THE DEMOCRATIC SUPERVISORS IN DUrCHEsS
COUNTY WARMED FROM THE BENCH.
Poushkeepsie " ", Nov 90 (speciaD.-senator Gil
bert A. Deane died this morning at his nome III Cop"he'
TIE immediate Of his death was neuralgia OF the
heart but the malady which proved fatal was greatly
accentuated by the undermined attempts 10 steaI MS
seat which were made by David B. Hill and his follow
ers led by Samuel j. Tden, IT., OF Columbia County,
and J. W. Hinckley, OF Duchess County The cold
bloded manner In which these men and their followers
kcut nm their vicious efforts TO steal the seat even wmo
Mr. Deane was on his deathbcd, and the more heart-
less continuation OF those efforts to-day, have com
pleely dissustcd OF decent Democrats in the
counties comprising the Senate district. and they are
advising I'll. Democratic members OF the Board OF
Supervisors Of this county, the ground OF common
dccency alone, 10 stop the proceedings as QUICKLY as
possible But appeals OF this sort have no enect upon
men OF the stamp Of Samuel J. Tiden, )r, ana jim
Unckley. nor upon their more degraded and plant
tools E. Wright Vail, Dr. Tanner, John J1 Mylod ana
Edward sturges who are running the Democratic slde
~ the aht to capture THE seat to which the dead SEN
s,o, was elected They continued today, with much
of their customary holiness and audacty their eor's
to carry out the plot which David b. Hill inspired.
Although Senator Deanc is dead, Edward b. Osborne
will not occupy the seat and vote as David b. I'LL
directs on the organization OF the Senate The Gov
ernor senator at last has run against an impassaDie
barrier 10 the contamination Of the fraud which ne
attempted in the person CT an honest fairminded
Democratic Judge of the supreme Court DaVld ID.
Hill evidently thought that he owned the judiciary OF
the State as Tammany Hall is credited with owning 10
In the city of New-York else through his Deputy Az
torney- General he would not have put the Democratic
members Of the Duchess County Board Of Supervisors
and their attorney in the sorry plight that he did when
they went before Judge Barnard this morning 10 near
his decision on the application of the Republican attor
news for mandamus to compel the Boatd 10 count
the returns from the town Of Dover as they were re-
nfo
Judge would not grant the mandamus asked for IL was
sny because he thought thai the application for was
premature He wanted 10 give the members OF the
board ample time TO correct all OF their msoeeos' ou.
he told the Democrats and their attorney that they a
no power to count ballots which were not consldcreu
IN the report Of the inspectors and that they hah no
power TO go behind the face Of the returns lie added
however that he would stand ready to grant the man
damus IL the Board should attempt to adjourn hnay
without canvassing the votes In accordance WIN es
returns as they were fled by the election inspectors
with the County Clerk. This case, he told them was
the one IN which the Democratic majority OF inc bosru
of.County Canvassers arbitrarily counted the SIX vo'es
e~av voted in the town of Dover for the Democratic
ticket although there was no evidence that they were
cast for the Democratic candidates, and the Dalots
were DESTROYED at the close of the election Ihere
no evidence TO their real character except vague anu
contradictory statements Of different bySandeTs al e
election In conclusion Judge Barnard said that the
supersors in csnvassng the vote nad no rght 10 reso
IN anv evidence as to the nature of the ballots cast ex
cant the returns the inspectors Of election that they
have no right whatever 70 modify thoSe ieIShs
nv any extrinsic statements or evidence. lie
further said that their duties were purely
ministerial and that any error violation of duty by
tnom in the canvass or in their determinations can
he reached and corrected by mandamus, under inc
laws Of 1880 ,
While the Republicans did not get the mandamus
for which they asked yet they look upon "uuso I''
nard's lecture 10 the Democrats as an ndicauoh 'a'
he will not allow any Juggling or 'amperhg VIII 'nc
,e.urns These plain words had marked effect on
the conduct Of T. Wright Vail to-day, and he lnuo-
duced resolution stealing only one vote. ms was
ballot which had been returned as "deiec'Ve Oa
lot II had been burned of at one end ana the ies'
OF il was so pasted together that the names upon
copld not DO seen. The name OF the candidate LOT
Senator was entirely erased. Yet VAL lhtouucea
resolution asking that more vote be adaed 10 'e
entire Democratic ticket This ballot had been cast
I'm the First Ward Of FoaGhEeepsie.
Outside OF this to-day's session Of the Board OF
Supervisors was spent in receiving the reports OF TIE
members who had been sent to the various towns 10
secure corrections where the inspectors, IN making up
their returns had made clerical errors. II 1t naa ho'
teen for the firm stand taken by Judge Barnard the
mailing OF these corrections would have been usea 10
twist around enough Republican voies 10 eie0V W.
borne 1t was the intention Of the Board 10 'nro"
out eighteen split Republican ballots winch haa occn
voted East riShkl!l, on INC eiOuhU '0s "N''
marked ballots. When the report from this towh
r~as coached to-dav the stetemen. of Democratic
ios,ector was read 10 the effect that he OBJECTED 10
the canvass OF The votes the night OF the eiecuo
Two andavits wero presented, however showing tha'
he then gave grounds for DIS oo)ecuoh'
after listening TO these reports, the canVasseis
passed 10 the town Of Fislldn without taking any
ACTION. II was in this town thnt the Democrats
hoped to gain fourteen ballots on the hmsy pre'eA
that there mad been transpositlon OF the vote re-
ceyed nv Osborne in the First Election DlStrct 10 te
credit Of Mr. Deane. This pretext was not rsisco ID
any other case where the vote for Democratic eaa
date ran behind his ticket Nothing was done In ths
case to-day, but the attempt yet may be made 10
csotur- the fourteen votes for Osborne.
In the second Election District of this town five
defective ballots were reported Three Of these were
Republican ballots and two of them were Democratic
ballots Two OF the Republican ballots were evidently
made defective by Democratic inspector OF eiecbon
for no sane after voting straight ticket woio
destroy II by drawing lead pencil mark across the
face of H. That was done In these cases The other
ballot had Republican paster On the wiong sac OF inc
Demoerntic pasters shxsd to it, and the other was
marked These ballots were passed over lot the uieo
being Int Vail probably will try to count the double
Sa as two besides the singl. marked ballot as one.
at The same time throwing out the EcpuDicnn DaloIs
Fdward sturges the supervisor from Red Hook, who
was member OF the Assembly in the days OF Tweed
arg harpeS made report that straight Demo
cratic paser ballot affixed TO the outside ID Repnbli-
can Official ballot had been counted for the Democrats
Under the law this Illegal ballot, ana ought
10 have been thrown out stnrees made no reference
IN he tiirty-one Republican ballots on which were
the impression Of two printers leads wmch th1 Demo
foo pspabe steal for the Democrats TO attempt
10 carry out a., -. - ana II ,,a,h
The exception OF one election district ia ne First WarS
~ mis- civ Here John j. MylQd has full swing, aad
fouh,. nav vel come from this district. After ap-
pTnsipg conmittee TO tabulae the returns the BOARD
adjourned until Monday.
THE REPUBLICAN LEAGUES SESSION.
When the Executive Committee OF the Republican
National League resumed It's sitting yesterday In the
Plaza Hotel there were present representatives from
,.snt seven different States Colonel j. s. pre-