New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-04-19
THE CASE AGAINST MAYNARD
MINORITY REPORT OF THE JOINT COM.
MITTEE AT ALBANY.
An EXHAUSTIVE REVIEW OF THE GREAT CON
sPIRACY IN THE DUICHBss COUNTY CASE
THE ACCUSED JUDGES COM
PLLCITY CLEARLY SHOWN-THE


PLLCITY CLEARLY sHOwN-THE
BATTLE IN THE COURTS.
Albany, April ls.-The majority and minority
reports from the Joint Committee on judiciary
on the result of the recent investigation into the
charges against Judge Maynard Of the Court OF
Appeals, In relation TO the controversy over The
election in the XVIII Senatorial District. were
laid before the Senate and Assembly tonight
The minority report, prepared by the Republican
members of the joint committee, gives an eN'
haustive review of the conspiracy which resulted
in the seating of Osborne Senator from that
district describes in detail the hard-fought legal
battle and clearly shows Maynards guilt. The
report is given in full below
To the Legislature
A resolution which passed the Senate and Assembly
March "a last required the judiciary committees OF
the two houses investigate charges preferred by the
psr Association of New York City against Isaac II
MAYNARD Judge of the Court Of Appeals. and report
thelr conclusions thereon with all convenient speed
After partial and incomplete examination OF the iao's
and circumstances relating TO the subject OF hVeS'sa
ton. a report has been made and signed by majority
NJ each of the two committees. The undersigned meH
hers Of said committees hereby dissent from the con
clusions reached by the majority and respectfully SUD
init the following minority report
II has been evident rom the outset that the naJen
r,enbers of the committees, with but one or two posi-
HE exceptions did not intend TO make any real lhVesu'
cation into the charges against Judge Maynard lHeS
Insisted at the first meeting upon employing counsel
for the committees De!os McCurdy, a gentleman VINO
WAS connected with Judge Maynard as asSociate cou'
sci in all the controversies out Of which the charges III
ouestion arose A Democratic senator stated Oh lhe
floor OF the Senate in the course Of depale upon '
resolution to authorize the committees TO employ coun
sell that the purpose OF the Investigation was 10 give
Judge Maynard a certificate OF character Inc eeh'o
men who were finally chosen rs counsel for tie com
,n;,,ees upon Mr. Mt4Ady sending word that lie could
not serve have conducted the proceedings upon certain
lines apparently marked out for them IN advance Ihef
evident purpose has been 10 present only such es'-
mony as would either tend TO rfute the charges asal"'
Iudge MAYNARD or dlscredit the gentlemen who pre-
paed the report OF the Bar Association Al no uhie
have they shown disposition TO get at the truth OF inc
matter There are great many facts which were not
developed and which, In oar opinion, would throw
Hood Of light upon the questions presented for the con
sdeatlon OF the committees. We asked for eubpoenas
10 bring before the committees the witnesses Oy WHO'LL
sucA facts conld be established Tie request was arD
tralily denied one OF The gentlemen whom we wished
10 subpoena, a lawyer eminent IN nh profession iOr
character and ability. and who had an intimate know
edge of important bearing upon the subject under
consideration was present at session OF the commit
toes held on April T. when counsel announced that they
did not intend 10 examine any more witnesses. Inc
minority members then asked that his testimony be
taken stating tbs time what they expected TO
prove by him. The request was met by ntotion 70
adjourn made BY the chairman Of the Assembly com
mittee which carried.
The minority members of the senate Committee ad-
dressed letter IA copy Of which is annexed to this
port TO Chairman Roesch the 18th inst. but 1t re-
ceived no atteution whatever The Democratic mem
bers OF the Joint committees must have feared that the
testimony of tue witnesses named IN tie letter would
utterly demolish the defence that Judge Maynard at
tempted to make before the people Of the state.
An attempt was made at time to drag into the
investigation an immaterial issue. by Offering test
mony Which could only be relevant in proceeding to
try tie title OF the senator representing the A|ul DIS
trct 10 the seat he occupies Testimony ol tha'
nature could have possible barring upon the dueo
,ons before tic committees. and would only have re-
suited in opening up subject entirely beyond the
scope Of the investigation directed by tue resolution
under which the committees were acting. Tile object
of bringing forward manifestly to so befog the
whole subject that the people generally would he IN
able TO perceive clearly the real questions 10 be DC
ternined The chairman OF the joint committees.
Senator Roesch who upon this and other occasions
duiiug the investigation showed a commcndalae spirit
OF fairness and imparuality. voted with the Repub-
ucsn members upon the question OF excluding that
class OF testimony. Tie insnceiity q the WISH I'd
Investigate the Duchess County case, expressed by
Democratic members Of the committees. was demon
strated next day in the Senate. when every Demo
cratic Senator voted against resolution having that
express end In view.
THE INQUIRY NEITHER FULL NOR IMPARTIAL
Ii the face Of these circumstances, we think we are
justified In asserting that there has been pcither full
nor an impartial investigation Of the matters referred
TO the committees. but that the plan Of the socaled
Investigation conceived and has been carried out
BY tie ma orty Of the committees with tie sole pur-
Pose Of suppressng or obscuring. far as 1t was
possible do the facts that are most damaging 10
Judge MAY cards reputation.
The report OF the New York City Bar Association
with reference 70 tie charges against Judge MAYNARD
forms Part OF the record In this proceeding Tue as
ISOLATION mentioned is composed Of about LOO lawyers
practising ia NewYor CITY, and includes the leading
members Of the bar In that great metropolis. TIE
pre- scent OF the association. pursuant to resolution
adopted az the annual meeting held March g. last. ap-
poiuted committee OF nine members u Inquire Into
the truth OF the charges made IN the pubic press and
by many citizens 20 the effect tat Judge Maynard had
committed serious offences before lbs elevation 10 tue
bench and willie &c Deputy Attorney-Genelal OF the
State The gentlemen WHO named upon That COM
mittee are among the most eminent lawyers In tie
State and Snuon. Not ouly t.'ey in the very
front rank Of the legal profession but they WIDELY
known as honorable. high minded patriotic and public
spirited citizens seven Of the nine have long been
Identified with the democratic party OF which Judge
Maynard is also member. This committee made Il
careful Inquiry Into the matters submitted W b1ei"'
and unanimously reached the conclusion which was
expressed in tl.e fOlio,einG resolution:
Resolved, That a copy OF this report u. G. the re
port prepared by the committed he transmitted 10
tile senate and Assembly. and that those boaies DC
respectfully requested u consider whether the con,
duct OF judge Maynard therein mentioned does not
demand an exercise Of the power 10 remove Judges
vested by Tie Constitution In the LcSisIature.'
That resolution adopted and the report &C
complaining 1t approved. with not more ihan a
dozen dissenting voices. at an adjourned meeting OF
tie Bar Association held March -. which was at
tended by from 400 10 go members The cOhhntpr
q the Ear Association based their conclusions upon
lAc statement contained In Judge Maynard ieu'i
add ies ed 10 Chiri Judges Earl and FOllttt, ana
Upyn Grclal records ana other documentary evidence
1ne committees If the two Houses had precisely me
same evidence LctO.e them. and. altEonga they r..
fused 10 .xcrcl.. tie power which thci had, ana
which the committee OF the Bar Association ala not
have OF solag to ts very bottom OF IN" hhusr w