New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-03-20

of it had expressly stated In his opinion contrary
to the decision OF the Court OF Appeals, rs )usthca
ton for his action.
Judge Maynard says that Mr. Emans the County
Clerk Of Duchess County, was budOzed Into forward
ing the returns and he also says that Mr. Emans knew
OF Judge Ingrahams stay before he forwarded the re-
turns 1t ought TO be sufficient TO this 10 say
that Judge Cullen after hearing all the evidence sub
did not know of the stay having been granted but in
fact it was before Judge Cullen By Mr.. Towns
Mr.. Emans himself that Enans came TO him with one
Of the Republican counsel on the night that he mailed
the returns but before he had done IT, and consulted
him to whether he required to forward them
and that Mr. Towns advised him that it was his duty
the presence Of Of the Republican counsel. Mr.:
Towns testified that then lie called Mr.. Emans aside and
@ pNn him. he w9"la be Justified in oS %t
Mr.. Emans admittedly mailed the returns. and yet
Judge Maynard in HIS desperation claims that poor
and carefully suppressed the fact Of his having con
suited his own counsel and having taken his advice,
though that fact must have been known TO Judge
Maynard.
WHY MAYNARD WAS NOT EXAMINED.
"You ask me why Judge Maynard not examined
as a wit,ess. answer that l fully expected TO
anime him. that after Judge Learned was appointed
referee 10 take testimony at Albany ! mentioned
in court that proposed to examine Judge Maynard
among Others and of the counsel preset, think
said that Mr.. Maynard was counsel and could rot
be compelled TO testify. ] wrote judge May nafu,
@ho had in the meantime been appointed Judge OF
the Court Of Appeals in reward for his conduct
telling him Of the order and that desired to examine
lie had previously been subpocnaed before Judge
Cullen in Brooklyn, had pocketed his fee which he
that that he was busy busy '''' W ''' '' 4''
In reply TO my letter asking Judge Maynard to
fix time for his examination he wrote me carefully
guarded letter, which read in the Hight OF the state
nent made N Brooklyn that he was counsel, In winch
letter he said in substance thai If he kne" anyhlns
mertinent TO the case and which he Wa at nDcray
to state he would be examined ON any day between
made the appointment with Judge Learned to
examine him with other witnesses. Mter that ap
70 adjourn IT, Judge Maynard wrote that he had
made mistake % the consultation day of The Court
day liked but was ready be examined other
day. went to Albany on February ], which wa III.
Appeals bench. argued case before him In the morn
ing, went down In the afternoon 70 examine "tncs>c'
pected manner developed the evidence which brought
taking OF the return from the Controllers Office.
HIS WHINING NOT JUSTIFIED.
GAN that had any right to Inquire into In the pro
ceedings engaged In was the fact to the con
duct OF Emans the County Clerk Of Duchess County.
whether he had been guilty OF contempt. And TO that
end followed the history Of the copies OF the corrected
returns, proving that went into Governor Hll's
Office, which redellvered with his approval; one
went into the secretary Of states Office which was ~
delivered by himself, and one went into the Con
trollers office, which was takcn away by Judge May
nard. II could have examined Judge Maynard that
af, ernoOn should have done 80, though really IL
would have been a work Of supeFerOgatiOn Is had all
the facts To do | should have had 10 stay over
another day in Albany. or TO return there. which did
not think 1t worth While 10 do, especially as | could
believe that Judge Maynard II he had any eXplnn
alton TO make, would not promptly avail himself
of IL by making affidavit for use III Emans'S
behalf I'm the contempt proceedings. do not
think there IS any ground for Mr.. Maynar1's whining
because he not examined, af,cr the intimaton
he had thrown ont that he proposed 10 avail
himself Of his privilege OF counsel and when my fail
to examine by no means shut him ont from giving
his testimony III the
Judge Maynard, referring 10 the decision ~ the
Court Of Appeals in the Duchess County ease says the
Court expressly ordered that part Of the order of the
Special Term be struck out which prohibited the
state Board Of Csnvassers from using anything but
certified statement, forwarded by the County Clerk.
WIS, therefore, he the plain duty Of the State
Board OF Canvassers TO make the canvass upon the
return before Ii and declare the result accordingly.
This extraordinary statement Is made by who
disgaces the bench Of the Court OF Appeals. when
In the very opinion that he refers 10 the Court OF
Appeals affirmed the remainder Of the order which
contains express Injunction fOrbidding the state
CanvaSsers to count the Myod return. Til, fact aOuo
Is sufficient TO show the kind Of man who has been
put upon the bench Of the hghet court In reward
for services which II they had not come within tho
criminal law dangerously It,"