New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-02-24

take Affirmative action to undo what had been
done. or justify him in taking such acton.
LIS effect in law and in fact was nj, LOT "hdt
it undertook to restrain was already July ac-
complished. Nevertheless Emans WAS ioused
from his bed and hustled OIL to Albany on
train that left at 3 o'clock in the morning. lie
went directly to the Executive Mansion and saw
tho Governor. Hill testfes that III answer to
Emanss inquiry whether il was lawful to re-
cover the returns, he told him to see Isaac IL.
MAYNARD and be guided by that per-
sons advice Neither Emans nor May
nard was examined in the proceedings be-
fore Judge Cullen the one claiming his priv
ege and the o:her excusing himself on the
ground that it wasn't convenient to be ntero-
gated about stealing election returns because on
that day he was to take his seat Tor the hrst
time on the bench Of the Court OF Appeals
So il is not in evidence what passed between
them when Emans found Maynard. This, how
ever, is in evidence that Maynard went TO the
Controllers Office before any one in authority
had arrived there and took the returns from
among the mail matter on the Controllers desk,
falsely stating to joseph Allen, the Controllers
messenger, and the only person present, that they
"had been directed wrong" carried them OIL
with him and gave them to Emans, an act OF
apparent Larceny which Would have been none
the less larceny if he had had the Controllers
consent for it, since the return was In no sense
the Controllers private property to be disposed
of as he pleased but public record conhced 10
him in trust by the law for specific purpose ;
that Emans procured the Governors copy nom
\ small boy in the Executive office, who's. teStl-
mony. if ANYBODY il dull enough to believe IT, IS
that he gave it up without HIPS knowledge or
consent, though both Hill and the boy declare
that Hill afterwald said il was all night to 90
50 and that Frank Rice. the Secretary OF state
who. two weeks before had refused through his
deputy. even upon the order Of the Supreme
Court, to surrender the fraudulent resoiunonS
sent to him by the Steuben Canvassers as part
of their returns, alleging that they werc public
document and that he had no right 70 give them
n-this same Frank Rice, whose sworn duty II
WAS to guard and keep those returns himself
delivered them to Emans There was in law
and in fact says Judge Cullen, "A complete
transmission OF tho returns to the officers pre-
scribod by statute The returns were not be-
fore the Board Of State Canyassers, not because
of any defect in tho transmission. but because
by the action of the Secretary OF State the "ov-
ernor and the counsel of the Controller the lo-
turns were taken from the several public offices
whore they had been properly received and were
given to EmanS."
In other words, Hill, Rice, Maynard and
Emans con,pird to rob and did rob three public
offices Of three public records. "No imposition"
SAYS Judge Cullen, "was practised upon any OF
the officers as t. the contents OF these doui-
mcnts, but the Cflic@s were entirely aware Ct
the character of the papers delivered up" They
knew. then, that il was their duty to protect
and guard them and to place them on file for
the use Of the stare Canvassor. The only ques-
ten that remain; after Judge Cullens decision
is whether these persons should be proceeded
against under a Federal or state statute.