New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-04-04

MIN, under the circumstances and conditions
charged? III he has not, bring out the evidence
ana prove IT, III he has, the question then re-
MAINS whether those acts constitute ground for
the proceeding suggested by these mcmorialists
In no circumstances, therefore, whether no be
innocent or guilty, can the political opinions and
| personal relations Of the memorialisis be Of tbe
| slightest relevancy This would seem TO bc
plain and yet Reilly answered General IInsted
answering, it must be supposed, on behalf OF the
| Democratic majority which appointed him to the
place he hed-in these extraordinary words
Il propose TO show that this committee of the
Ear Association is hostile prrjudiced body !
propose TO show that they are not Democrats at
all, but bitter foes Of the Democratic party
suppose il is our duty here and now TO invcsti-
gate this committee and its motives, and it, in
the light of its political prejudice, perceive
that these charges against Judge Maynard are
frivolous, ! suppose they will be at once dis
| missed
| Is it necessary to argue that Reilly is crazy
or something after such speech as this
Suppose charged that Reilly on April |, 1892,
at o'clock in the morning, stole a horse ont of
my stables and that Ridgway McCurdy and May
nard him do it suppose | produce RGgway.
| McCurdy and Maynard. and they all swear that
| Reilly did steal the horse. and that they did see
| him suppose. ;hs evidence being in. Reilly admits
that lie stole the horse, but says i'll Justification
| that he greatly needed horse and must have
done without had he not stolen mine; and suppose,
hereupon, he moves To dismiss the indictment
against him because il is notorious that | have
| a spite against friend of his-is there any court
in Christendom which would fail either to casigate
Reilly with all the severity Of which il was ca
| pablo, or appoint commission in lunacy to exam
| inc him for confinement in madhousc? And
| his i fln 1lpl M
that went on a. Albany last week. Neither Rldgway
nor Reilly asked "a single question of any witness
brought before them. beyond the questions Of dcn-
tcation that had the slightest matcrlaity 10 the
issue there. The Ear Association had made a simple
statement OF fact charging Maynard with high
crimes. OF course the thing for Reilly and Ritg-
way to have done, if they had been honest was to
| ask the association to submit It's proofs, and then
proceed 10 examine the records and witnesses II
produced or suggested for production. They should
then lave called Judge Maynard for his defence,
and on that case the committee should have re-
corded their judgment and made their rccommcn
dation TO the Legislature. But tie only thing
they have done is 10 attack the association, to
accuse lis representatives Of prejudice and inon-
ccrity; and of course in doing that, they have
been compelled 10 submit 10 the most scorchng
and terrible arraignmcnts Of Maynard ami the
other thieves. Mr.. Peckham, Tor instance, used
this language
In taking the Dutchcss County certificate from
the Office of the Controller OF the State, where
IL had been deposited pursuant 10 law. ana IN
sitting silent in the room where the stat" CanvaNrrs
were engaged while they declared that the only
return before them was the Mylod cerlncat", ne
knowing that he had intercepted the true certli-
cate and taken il beyond their rcach-in doing
these things Judge Maynard committed acts than
which none could be more serious OF more dcserv-
ing of reprObatlOn
Mr. Coudert, replying TO a similar question AZ 10
how he formulated the charge against May nard,
said:
When I found by the records that on the 2ed
day of December Isaac II. Maynard took from the
Controllers Office an election return lawfully
deposited, there on It's way 10 the State board or
CanvasseIs and handed IT beck 10 Storm tdnans, |
who had no more right to it than have, 10y this act
preventing il from reaching It's lawful destination
and having Ito lawful effect; when | saw that
Judge Maynard had sat silent in his seat 1t the
final meeting Of the State Board Of Canvasecrs, |
when the members Of that board proi,bsed that
the reason why they We're counting the Mylod
certificate was because they had no other return !
before them, he knowing that the reason why they
were without the correct return because lie had
distracted IL and when | read the statement |
over his own signature that he had done this de-
hberatcly and in pursuance Of what Is nothing |
more less than criminal conspiracy entered
into by him and liz the State Board OF Can |
vassers not 70 receive that correct certificate |
from Dutchess County, knew he had committed
a shameful, outrageous crime.
Mr.. Cadwaadcr, being called upon for his
statement Of Maynards offence replying gravcly |
and slowly, a. if measuring each word, accusing |
by his manner no less than by his language, said
According 10 his own letter which supplies the |
gravest proof against him. he entered into an
unlawful, criminal conspiracy with members of
the State Board Of Canvasscrs not 10 receive an
amended return from Dutches. County. no matter |
how lawfully or properly scut 10 them, IN pur |
suance Of that conspiracy, when such a lawful
and proper return was sent 10 them on December |
%. lie abstracted il from the Office Of the Con-
troer and gave il 10 person who had no sort
Of right TO IT, and who took il away with him
ont Of the city of Albany; December 20, when
The State Board Of Canyasscrs held i- final meet
ing and awarded the certificate IN the Dntchcr1
County case, he, being their council. sat by and
allowed them 10 count the MylOd certificate
which the Court Of Appeals had declared 10 bc
false and fraudulent and had raid they ought
not TO count and he allowed members Of the
board 10 give, as the reason why they counted
that RETURN that there other one before
them, although he knew that he bad taken thtt
other from the Controllers Office 80 that il |
might not reach them. All the facts show that
this was done deliberately and for the pnrpo>c
OF enabling them 10 give certificate Of election
10 man who not elected. hat Is my
charge against Judge Maynard.
And when Mr.. Sticlncy, the last Of the Bar
Associations representatives. 10 be examined. was
asked if the facts did not show that Judge May
nard had honorable purpose i'll view when hc
took the return, replied:
No, indeed Quite tie reverse. They show
that his purpose utterly bad The record
is that he took a public document from public
Office without the slightest particle Of right 10
il and as the c0nsummai0n Of criminal con-
spiracy into which he had entered 10 prevent
II from reaching its lawful place. That he OBJ
taincd this document by means N falsrhood.
lie saws ne did this deliberately. and that h"
stands ready to do il again Taking all his
acts together they prove that he intended to com
nil n crime: that from the first he meant -
prevent the counting Of tie correct c'f'inchtr
nnd IA cause one 10 be counted that was Illegal
and erroneous. ! can conceive Of 10 crime more
serious than this. and do not zee how any
honcst or intelligent man can come 10 any other
.nniniou than that Judge Maynard set about I.
commit this crime after mature rejection ana
-Iol;I To iLLtnI