New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-04-19

Clerk Of Dutchess County 10 retain In MS possession
the second return, Of which so much mas Deeh SAD
and to refrain from filing or attempting to Tile euci
return with the Board Of State Canvasscrs or any
| member thereof.
In the only instance, therefore. in when ludlcia
Interpretation Of this stipulation has been had, judge
| Maynard's understanding Of it was sustained Ihes'
aildavits and orders found at page -"3 OF Inc
transcript Of record prepared by the Bar Association
We therefore find that II is not only conceivable
that it was the design Of the parties TO the stipna
| ton TO arrest any other proceedings than those
specifed In the stipulation, but that such was
| the intent and object Of the stipulation
and any endeavOr to break It's force or effect by the
REALTORS was fraud upon the voters Of the XVIII
Senatorial District. who had cast their ballots for Mr.
| Osborne and fraud which 1t was Judge Maynard's
duty and of his clients, the Board Of state Can
vassers to Illustrate.
1t IS true that there this other proceeding then
pending before Judge Barnard, by which recanvass
OF the votes Of Duchess County sought. and it is
! true that the 9th Of December Senator Osborne
instituted proceedings to compel correction OF the
new made by the Board Of supervisors Of that
County, in pursuance of Judge BaIIards pcremptory
mandamus.
The state Board of Canvassers were not parties TO
such proceeding and Judge Maynard had nothing TO do
with it. But it must have been known 10
the members of the committee OF the Bar
Association that that step taken. 1t Is
|
ali their assumed honesty should have presented to the
Legislature record contsins the m4st overwhelming
ever presented in court OF justice, which bore, and
bore alone, upon the socalled corrected return aid
which makes the so-callcd corrected as IL met INC
II is fact that tho only difference between the
The throwing out by the board Of County Canya s
Of eighteen ballots IN the district OF East iIs
irct in the town Of led Hook The evidence thus re.
fered to shows that these eighteen ballots IN me hSe
pursuance OF completed and perfected conspirncy,
u That regard y which the terms Of the ho 1aot ct
bride givers and bnbe takers, and BY which the re
publican party seek to credit their candidate with
district in which resided the Republican County Clerk
there were thirty ballots voted. closely marked FOR
Identification and clearly and deiignedS 80 s used a.
the Republican candidate for Senator. And evidence
i toud In the record OF the Bar ASS9Sa'9n. al Rase
leaders and WORKERS In that district have boaSted tat
marked "pastcr' ballots. The supreme Court, Gen
cr0l Term, Of the ia Departments passed upon these
eonfons 'o Sa ss ds IN these Words ?''D
~ 70 my m1d ovd .as eS S"s su SaiS
Of committing fraud in casting Of ballots;
but what evidence shall be satisfactory proof that
dimcur subject to which 10 apply by ctstIron RUE.
where e Conspcy s ca as to dcaad and
some ballot, containing specified mark are shown "
S @%r d1 10 %0 to be a" ar SGs out Of he
vdna voter except by the voter himself and such
evidence cannot be compelled. as that wond require
t aser foo ' TurStor r '"' O"'
And it Ils return. The predict Of fraud ard t., cor
Maynard are criticised for no, assisting 70 count.
CONTRACTING THE TWO RETURNS.
The "Mylod certificate" was the co'hpir'd rum
OF the voluntary act OF the hwfniy elected Boar" ~
County Canvassers In the county OF Du''he''' u"
'"uouieh' return "nS tHo p'o'u.t y, , .s 10, u ,a
sIe.iaI ~iln oi t"c o"p,o"o NO"'' ~" ,,,,,
III" u4' oi D''.i,'D',' na, ,'iuo H'
senator Osbornes application for mandamas was
~ C''npsl ,,,o ',,,. .,o ,,r,,, onr,nr,,, rI,
nave MADE IL are W!ta tle ?iot ,
20 di;tcnhs' Yquilns lle hoan 81 oou'.;3
anVssseS 10 REJECT ana ot ~ 'VG'' wy .,
said thirty one blIlots iron the town u Red liood
But On the 18th dsy Of December Judge barnard va
at the end Of such ordsf lie directed ,!any ciert
Imam; 20 u@ns y, eer s TopneS VI se W SAT-
and .ono0leT lhe tepunncdnt, Nv ,, sue. M, YER
sought 70 Obtain cnfns the 8ce wplh ir r ad
"lIIOut near a up, ,at rc % he,,yccn .be ION
Dnlns e ps' i s cfvee 81 a ye,n h e
eral Term OF that department was open 70 ten at any
tine to make make, an pcn Ie drce sucb ,0
urn ana Hd' INC $500 " Pr - =,
that power uat uic 'V"F' Vi ApIc"ic .'I''u ~
In thclr O1lDlou N IIe Du''Hc's OuHP 'HSc'
where tAey usei tIe Fn-t'Ec PuDrl ~ ~ -
port OF the 'ommtlec oi ~ ihr ANs'''lip','
u was that. II Inc m't' were rnc ~ W. su,h
second frauduenty corrected returns mol beng lluiu
lent, thc court below, In IL proper department !"
wit, the General Term. would have hah the power 10
command the Board OF state ohhVaSsefs 10 canvas
without regard TO The first TtuTh.
ALLEGED BRIBERY AND CORRUPTION
INT before the cour, hollow in IFS propcr dcpart
49," wv " "' 80
Inent would have made such order u" P"'-h"h OF
facts rs to the bribery and corruption which caused
!. ., dioor f, ,I !. ,,,l,d cor,trc.t must bo,,.
- " ""N' "''" wv ''f''' ''''''''".' ~ 49,
been met and determined such hearing tie kpub-
licons neyer dor1 IN have and ,uch they s,ucht to
,, =, ,,.t., t. a., a.. 49,, a., IL.
d 10 ~ ,,n ~ -. Uo 80 ~ , ''o ''"'
"O irh '" f,d,,ertIv crcctcd return, ,roircd mn
Nv, ia ~ -. ., -, - ~ t,,,,
Cn"nTv ~ m,ti nnrnni4r II rbS, ina IIr.n.uu
rrantcd an nr,Icr renunp he Doard 81 Courty en-