New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-06
,R1OW FOR SEAT-STEALERS.
,-,,cr RARNAkD sUSTAINs THE REPUBLICAN
POSITION.

,o,pn OF CANVASSElsS no MEET AGAIN MD
ooUSr THE QUAD" BALLOTS FOR
pEAxB- THE PROCEEDINGS
AT PoUGnKEEPSIE.
rKY TELEGRAPH TO THE TRIBlNEI
, ..A.aensle. Dec 5.-Judge Barnard today rose
-, 10 partisan prejudice and the meddlesome
sPs,snce of David h. nm with the courts of this
.rs decided that the counting in OF Edward b.
So a. the Senator-eect from this district was
~ .,d improper and that the County CanvasSers
ks .so.t again and canvass the votes as they we're
- -. originally returned by the inspectors OF
~ This decision Is the first real knockdOwn
49, sicb The chief conSpiratOr in the attempt 10
.1s state Senate has received; and the fact that
~ - ..,,r an intense Democrat only makes more
80 and effective its force On the motion Of
- 60 Wilkinson. the attorney for the Republicans
"a ablv supported In a clear and convincing
's,t unsde BY Joseph II. Choatc, the Judge
80 ,he application for a writ of peremptory man.
- compelling the Board of County Canvassers to
-. and count the returns as originally filed !;
n.,.r,nc the state Board Of Canvassers from count
" ~. vote from this district until the returns from
- County shall have been corrected. This
10 tsat the Democrats have not got the seat which
y. ,,ove so bard 20 steal, and that in all proba-
- ,here will soon be a new election. Osborne may
- .he case into court and attempt there 10 prove
n the ballots stolen from Deane's count were
p nelly marked: but that will be long and
- ss well as a difficult task Judge Barnard's
- handed down this afternoon. covers the case
- spiire misdoings of the County Canvassers, and
"a ,Aem plainly what their powers actually arc
- a the decision which was filed in the County
,,-ss mice soon after the arguments over the case
~ been MADE o,. -. ,,o,u.. J.,
: 20 count marked ballots 1t is true that the
snS Reform law declares ballots marked for a
-sa purpose 10 be void. The duty OF the can
e.s .S Z 10 ascertain the votes given for the can
S.tsS civ and the Law requires the marked ballots
4 counted, and the accurate results OF tne votes
,-oSSeding under which any candidate may test the
IrTfy Of marked ballot but the County Canvassers
~ then refuse TO count IT, There has, therefore,
- cooceededly an error in the count for senstor
: he XVIII District. The marked ballots If counted
IA eIeet Mr. Deane. the opponent of Mr.. Osborne.
sEr Deane were alive presumably he would apply
= a writ Of mandamus to correct the mistake.
y, 'Hht he 'nJ people of all remedy. The
ssa Of the mistake remains, and the proper count Is
n Shst < necessary 10 reach correct result. The
sats N Mr. Deane does not prevent any elector from
Sfapg The law In motion TO correct the mistake. The
usg STAYING the state Canvassers Is right 1t Is lnc-
Srt 10 The relief sought by the writ Of mandamus.
~ STATE Board has return which does not indicate
y tue result. Ii is proper that the Board should
Nd rs hand until the true record reaches it, Motion
rsrid
While Judge Barnard was declaring that the docu-
rsnt on file in the Oce of the Secretary Of State as
IN, the returns from this county was an incorrect
ululatlon o. the VOTE David B. Ill., Governor, had
nsOdore A. Hoffman, the County Clerk, before him,
ring 30 remove him from office because he would not
"a the incorrect tabulaton. Word sent to Albany
Immediately In hopes Of preventing what was thought
nha prmeditated movement to remove the clerk.
he Duchess County Republicans are jubilant over the
ucry won, and much praise Is being bestowed on
Indse fo- his fndeDpndence and iuStiCe.
he ocurt room was crowded when Judge Barnard
tOO bis seat The importance OF this had attract
ID business men, lowyers and politicians, and all were
teepy ANXIOUS 10 what position Judge Barpard
might nle on the case. They knew that he is an
intense Democrat and they understood that he might
make purely technical point 10 decide the case
kszaS "a republicans. The Democrats had an i'm
psis array Of attorneys TO defend their side of the
as Alnet +. jerks, the Corporation Counsel Of
Rnzyn had left the duties of his Office 10 come up
ks Defend the attempted theft, and with him came
Eaza B. Greenwood, ST., the First Assistant Corpora
ln Counsel of the same city. Augustus Schoonmaker
rE ke leading attorney for the Democrats, he repre-
srlng the State Board Of Canvassers Then there
"a William II. Wood, the lawyer who was the attOr-
q ix the Democratic majority Of the Board of super
Tsr and John ]. Mylod, who signed the fraudulent
stuns and had them carried TO Albany. Joseph II.
1se and Robert +. Wilkinson represented the Repub-
EsA Among those in the room were " jim" Hlnck
~ whose course in connection with the theft entities
II to something more than public contempt; Isaac W.
serl the Republican candidate for County Treas
III John /. Plat, the Editor of The Poughkeepse
age and supervisors Hanna, Williams, Wood and
6snond.
Roser F. Wilkinson, for the Republicans, opened the
Fedngs by stating the reason for their appearance
ss Judge Barnard and he was proceeding 10 explain
ny pe Pepmptory writ compelling the Board OF
1y Canvassers TO recOnvene and count the ballots
~ were cast should be issued, when he interrupt
aw Dir. SHOEMAKER. who wanted to make motion
have the writ against the state Board of Canvassers
e'1assed Immediately. by an agreement Of counsel
y shoemaker made his argument on that motion.
Is grounds were not new ones and they have been
~ned freely during the discussion Of the case. The
isas1y Of his position was the fact Of Mr.. Deane's
S4'a, and that because he was dead one could
-ss up MS case Tor aim 1t a simple reiteration
Ne statements which have been made that in the
a'a Av it is crime TO rob dead man. Then lac
1Ned that neither John /. Patt nor William {.
az Vho appear REALTORS in the case, had shown
-T tsir individual votes had been thrown out b.
= Board Of CanvaSsers. lie said that an application
"a nandamus against the state Board of Canvassers
's IN insult to the members Of that Board. lie
IN made the somewhat startling announcement
" Ne theft Of senate seat Is not Of common or
s-S& interest. 1t was simply an "incorporeal
<s0isnent' for the person elected 10 that Office
@ hat point that mandamus could not lie
S'N the Stale Board Of Canvassers. because under
this Board was required TO do certain
~ Tie last point that he raised in favor
motion that there was mis-
- Of parties that both the State
M Canvassers and the Board OF County Can
- -" we're made cO-defenders in the case. Mr..
-~'naker closed ms argument by moving that the
~ p1nted by Judge Edwards preventing the State
es CanvaSsers from considering the fraudulent
' Rom this county be dismissed.
~. Wilkinson, the Republican attorney, quickly
ue ground on which the mandamus was asked
ne reviewed briefly the entire proceedings OF
"'an Of County Canvassers, showing wherein the
'rsnc majority OF ii had been guilty OF illegal
@foStng out and transpOsing ballots, and closed
sang the Issuance OF the writ calling the Board
~ 4a again properly 10 perform the duties which
renrIu.