New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-03-19
N1YNARD'.S DEFENCE,

Judge MAYNARD has been stOrmed out OF his
citadel Of dignifed silence" In order to fore
stall the action Ct the Bar Association, he has
addressed a letter to the Chief Judges OF the
two branches of the Court of Appeals, arrogant
ly remarking that they " represent the only body
which could with any propriety expect state
ment" from him, as if they and not the people
were sovereign in the State Of New-YOrk.
Mlynards defence rests Oh thee allegations,
and each is either false or irrelevant He says
that the stipulation entered into on December
: by the counsel for both sides Of the contro-
vcrSy forbade the proceeding before Judge Bar
nad, by which the true returns from Dutches'
County were ascertained and forwarded to Al
bany This il not oven specious. The Stpua-
ton was made after Judge Edwards had granted
his order forbidding the State Canva>>eIs %
canvass the Myiod certificate and ordering them
l. canvass the true return thereafter 10 be sent
to them by order of the court.
He SAYS that the true return was Forwarded
by Emans on December Il in disregard If Judge
Iur>mans stay. That stay was vacated on De
comber 10 by Juige Cullen, at Brooklyn, before
whom it was rcturnabc, and the yacalins order
was filed in the County Clerks Office MT after,
but before, o'clock on the afternoon of De
cember IL 1t il sheer folly for Maynard to
deny this fact 1t was fully established in the
contempt proceeding.
Judge Maynards third defence is he weak
est of ALL He says he took the return, but he
did it as the Controllers counsel. Is there any
fol - dull as To- suppose that an act whi,h
wculd be crime in principal becomes Innocent
when done by an agent or attorney?
Tho whole defence is subteTfugc and nonsense.
II will not stand a moment in the presence OF
Judge CuIlen's decision. That clear and honest
declaration presents at Maynard bayonet-pcint
whichever way he turns. That Duchess GER
,;fcatc WAS IN Controller Wcmplcs office for
one single definite, statutory pmpoce-t0 be i'm
mediatcly transmitted to the Secretary Of State.
1t was in transit. 1t was on It's way to a GER
tain destiny provided for it by law. 1t was one
Of three certificates sent 10 Albany TO be placed
before the Board Of State Canvassers as witnesses
Of the true and valid action of the County Can
vasScrs of Duchess County The law ordained
that three of these certificates should be for
warded for the very purpose of providing guar
antee against such wicked crimes As Maynard
now confesseS. The ultimate destiny Of all the
certificates is the Board OF state Canyassers,
through the Office OF the Secretary of State.
One Of them gees to him directly, one 70 the
Governor, and one to the Controller, the law re-
During those officers TO send the COPY they re-
ceive at once 20 the Secretary, 70 he by him
filed and at the proper time placed before the
State Canvassers as the information On which
they shall issue certificate OF election.
1hi, fact established, in cOniessing that he
intercepted that return and tosk it out of the
Controllers office 50 that it could not complete
It's lawful orrand and serve It's lawful pmposc
Maynard conic>eos everything. No exp anation
of how he took it or why no argument * to IL
legal status, no such silly plea as that he was
the Controllers counsel, can in the slightest dc
gice mitigate his crime. 70 say that 4 sdpula-
ton Of counsel could stand against decree oil
the court. or that Maynard had the right to per
form an act CT Judgment on the validity Of 4
judicial mandate and to direct it to be dSre
gardcd os prevent its orderly result, is to make
his conduct blacker and more shameful. His de
fence is a confession, and by the honor and con
science Of the people whom he outraged and
now insults he shall be rcbukcd