The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-03-25
MAYNARD is GUILTY.
Tho Judge Who Aided tho Domo-
cratic Steal in Now York.
THE CITY BAR ASSOCIATION,
Composed Of che Leading Lawyers OF
New York, Vote Almost Unanimous.
~ Condemn his Action In Suppress.
ing Returns and Demand his Re.
moval from tho Supreme Bench.

81
NEw York, March 24.-Tho bar asso.
citation Of the city Of New York tried
Judge Isaac G. Maynard, OF tho court OF
appeals, on the charges made against
him in connection with tho alleged
stealing Of the, Fifteenth senatorial dis.
trict by tho Democrats after tho last
election Their verdict was guilty"
A few fricnds-poraonal and political
made n hard fight to secure an nc.
quittal. but tho jury was almost unani-
nous. Ei
Judge Maynard was found guilty OF
reprehensiblc conduct in the Duchess
county election case by d vote Of about
five to ono, and the Legislature will DO
asked to remove him from the office to
which he was but recently appointed. :
The meeting Of the Association was
made up. of tho bcst-known lawyers OF
the city and OF, the state. Wheeler Ii.
Pecl,ham presided. Over $50 lawyers
wcrc present. John NJ. Bowers mar.
shaded the forces friendly to the accused
judge. t'a.,
Tho special investigating committee,
which consistedof Frederick X. Coudert,
james G. Carter, John L. Parsons,
Clifford A. Hand, E. Randolph Robin.
son, John L. Cadwalladcr, William, b.
Hornblower, Elihu Root and Albert
Stickney reported that they had cx-
amined every paper and document
having any material connection with
the charges and had procured state
ments either oral or written from most
OF the counsel connected with the legal
proceedings. The committee devotcs
some space to the consideration OF
Judge Maynard's connection with the
action OF tho Board OF State Canvasscrs
in refusing to canvass tho corrected
return and canvassing in place thereof
what Is called tho "Mylod Rcturn," and
goes on to say:
Judge Maynard now disclaims any
connection with that action, and states
that his connection with the cases ended
when the decision OF the courtoi appeals
was announced; but lie fails to state
how or why that connection was termin-
atod.
"This omission is not without signil-
canoe. Under the existing circum-
stances, in our opinion, he could not be
diyested OF responsibility; he saw the
board OF state canvasscrs violating the
law and issuing false certificate upon
false return, and making his act in re-
moving the true return the protest for
their action. Ho cannot evade Just re-
sponsibilitics by asserting that his rcla.
tions 10 the case had ceased.
1t seems to US quite clear that the
removal and the suppression Of tine cor.
rected returns could have had no other
purpose titan the ono actually accom-
plished. Judge Maynard's letter fur
nishes evidence againsthimself stronger
than any that We previously had in our
possession.
"On his own statement on December
30, when the Alylode return. was count
ed in tho face OF the opinion of the
court of appeals upon the prctext that
tho corrected return was not before the
state board, he was present and re-
manned silent, although he was we'll
aware OF the fact that the decision OF
the, court OF appeals required the count
ing OF the corrected return, in the re-
moval OF which heswas the chief party
concerned.
"1f We correctly stated the facts, the
offence committed by Judge Maynard
is one OF the gravest known to the law"
The report then says the Penal Code
is explicit. A person who wilfully and
unlawfully removes, amutilates or de.
stroys books pamphlets, records of docu-
ments filed or deposited in u public OF
flee, or with any public officer by
authority OF law, is punishable by i'm
prisonmcnt Tor not more than five
years, or by fine OF not more than $500,
or by both.
The report then says it is impossible
to consider Judge Maynard's action rs
havingbcen performed through ignor-
ance, in the heat OF political contest, or
without due deiberation.
In the opinion OF the committee he
had ample opportunity for mature de-
liberation, and he did everything posi-
bic to preventive returns from reaching
the state board, and he oven went SO far
rs to himself remove the returns.
The committee recommended the
adoption OF the following:
Resolrcd, That q copy OF this report be
transmitted to the senate and assembly,
and that those bodies be respectfully
requested to consider whether the CON
duct Of Judge Isaac II. Maynard there
in mentioned does not demand an ex-
erciso OF the power to ccnsure judges
vested by tho constitution in tho legis-
lature.
After considerable discussion, in
which Judge Maynard was strongly de-
Tended by his friends, the report was
adopted. 4.