New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-03-21

/
! consider the Mylod certificate upon the ground
that 1t is fraudulent"
We do not so understand the decision" said
| Tabor
But 1t Is as plain day. 1t says"
| Wcmplc, the Controller, had beca squirming
around IN his chair nervousy throughout this
| colloquy. Now he broke in with the question
| Have we any other business before us
This suited Rice his manner might be bad and
| ms speech brutal. but his head was clear and he
knew that the less he and his fellow-thieves said
ABOUT their crime the better 1t would be for them
~ he replied quickly TO Mr.. Wemple, Yes yes,
wc have the certificates to sign, and ne hurriedly
shufied the papers across the table.
But Mr.. Cady not 10 be choked OF yet.
insist on calling the attention of the Board 70
tile language OF the order Of the Court OF Appeals.
Two questions with regard 10 the Mylod certlii-
cate were brought before that court IL was
claimed that you could not canvass that certificate,
first, because II improperly and sufficiently
atJetcd and, second because it was false. The
Supreme Court declared that both these objections
were well taken, and commanded you not 10 can
vass that return nor any other which failed TO
contain the signature Of the County Clerk Of
DutcheSs County and 10 be- sealed with his seal
But the Court of Appeals held that one OF these
objections was invalid; that the absence OF the
County Clerks signature and seal did not OF itself
necessarily inValidate "A ptrn. They held that
The second objection was good and that this
particular return, the Mylod certificate, must not
be canvaScd for She sufficient reason mat III was
false. Therefore. they modified Judge Edwards 5
order and A. modified il commands you that you
must not canvass the certificate signed by John
My!od, but that you must canvass that other
certificate, true and valid which was cent to you
on December 81, in pursuance OF the statute ana
in obedience to the order of the Supreme Court.
This L. the decision OF the Court OF Appeals, and
there can be 10 question Whatever about II. ~
These words came from Mr.. Cady with great force
and tuency. and in such Vlgor that the Board
had To listen 10 them. They were aimed directly
at the ACKNOWLEDGEMENT, and he undertook TO
reply TO them.
THE SHAME OF RICE AND MAYNARD.
what do you mean by another return?H he
demanded There is no return here from
DutchesS County exyept this Mylod certificate
We construe the decision OF the court to permit
us to canvass the only return before us.
Is there no other return here, sir? Then what
has become of it? Every man in this room knows
that the corrected certificate from DutchcsS
County sent here by Judge Barnard and Judge
Cullen came here on the night of December Il
and was delivered through the mails according TO
law 10 Governor Hill. Controller Wemple and
Secretary Rice the next morning. Now where Is
that certificate?
Il have no knowledge OF 1t whatever" said
Mr.. Tabor. ,.o,
viii you ask the Secretary of State for it?'
Mr. Cady rcjoincd, turning to Frank Rice. MI
Rice, you received that return, did you not, SIR
Frank Rice 7at silent. Not a word ESCAPED d
him, not a syllable, not a sign. lie had received
that certificate on the morning of December -
lie had taken it from his office where 1t had been
fully and completely delivered, and where It's
legal status was IDENTICAL with the legal status
of any other return from any other county then
on file And he stole 1t and delivered II 10 Storm
Emans the Democratic Clerk Of Duchess County,
and Emans carried II away with him ont OF the
city Of Albany and back 10 Poughkecp,le. Frank
Rice had robbed his own files, the files he was
sworn a. public officer to guard and protect. ana
had robbed them for the purpose of committing
the infamous political crime which he had then
just fully consummatcd He knew he bad done
it. Isaac II. Maynard, his fcllow-consprator IN
the theft of that certificate the man who hhd
stolen 1t iron, the Controllers Office, lac knew II,
too And there they sat silent with gullt IN their
hearts and shame IN their craven faces
I'm "A moment the stiffness became PAINFULLY en-
barrassins, and Mr.. Tabor FASTENED to break IT.
What Is the reason hc asked, that this certih-
cate has not reached us
do moi know. .aid Mr. Cady " | cannot tell
YOU. sir but there those mere VINO can. II
they will. There can H. no doubt OF the iact
that that certificate reached the Office OF secretary
Rice Controller Wcmpe and Governor NM as
thc law directed How II got out OF their
possession, why IT l. not now here, what has been
done with 1t, are questions that cannot answer,
but that must be- known 10 members al your hody.
And now, eIr, in all justice, conscience ana rght.
| ask of you an act OF PREPARATION. You 90 noI
need to act on the certificate from the ANth DIS
trct tonight | beg you 10 defer the mater mater
until Tomorrow The original OF that ccrtih-
cate i, AT pourIltccI-c. We Will have the VIII
Messing papers here tomorrow, and Deg you 10
adopt resolution postponing your hnai decision
day II you have done right here tonight no
harm will come of the days d"la> II you have
done wrong and refuse me TINS request tur wrong
may H. rIcparabc. beg you 10 consider tins
A. men of conscience and officials with ndacteis
10 preserve.
THE BOARD REFUSES TO RErRACE ITS STEPS
Frank Rice saw that the time had come 10
shut of any more discussion. No, no, he said,
fcrccy We know our business We have dis
posed If the matter Of the AVth District We
shall not open IT,
Very well, sir said Mr. Cady rolemnly. l
protest against your action ~ one OF the lepuD-
hcsn counsel. but IN a larger SENSE | protest as
a representative of the sovereign people pro-
fest against it, as an act Of political robbery com
mittcd with INTENT with delbeption and with
your eyes fully opened 10 ITS enorinty
This ended the CONTROVERSY In ten minutes
the room was deserted. The great conspiracy iGid
been accomplished. David b. lllI bad obtaineJ
his Democratic Senate. The will OF the people
who had elected seventeen Republican Senators,
fourteen Democratic and one INDEPENDENT, nap
been overthrOwn by the action OF canyasshY
boards and sixteen Democrats. fourteen hepuo-
leans and Independent were furnished WIN
certificates emitting them to organize the oehAle
This action had been taken AT the direct personal
command delivered that afternoon TO those state
CamyaeSrrs by David b. Hill, the Governor OF
Ncw-York IL had been gravely discussed which
of the courts declfaons mi ht bc with the largest
degree of safety dotted, and ignoring their oatls'
Ignoring the commands of The court. ignoring their
Stipulation, ignoring their individual assurances.
they had declared a wicked fraud. Every man
OF them knew that the correct return of Dutchess
Couuty existed and had been witnessed In the legal
way. Every man Of them Ind seen That return
When Mr. Tabor said that he had no knowledge
~ II ne saAd what must have been fake, for, on
tho noruiua of December %. the day after the
original return was stolen from The offices of the
Go[7rnor, the Controller and the Secretary OF
stat by Rice Maynard and Ernans, Charles +.
co.suu an attorney Of Poughkccp-ie had per-
sonally served Mr. Tabor and every other member
Of that State Board with verified copy of the
true return so that notwithstanding the larSenlr1
in his po.session the valid certificate. and was
without excuse for not producing it,. As Judge
C'adv 90 soleInnly said their crime had been com
United with their eyes fully open 10 its cnormlty
lh''"" WV" ~ L. E. o.