New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-01-21


bliss. proceeded regularly and know of no prac-
tice other than that we have followed in this
case However / don't, by any means admit
that this is only criminal contempt 1t comes
within the definition of civil contempt as well
"Such a case" said Judge Cullen, can only
come into court on an attachment OF an oi"ei :"
show cause and the cause of the defendant Is III
no way prejudiced. There are no special proceed
jngs distinguishing the action to be taken IN civil
contempt from that in criminal, and there is no
reason why the same practice should not ne loi-
lowed by both.
The Judge then looked at Mr.. Ridgway and
said But why shouldn't the defendant De re-
garded as guilty Of contempt?
Mr. Ridgway had reply to make, but only
insisted that his motion should be granted.
IL deny the notion said Judge Cullen. The
order 10 show cause should be construed as giving
ample opportunity 10 make defence
81 take an exception, and ask for stay OF
proceedings in order appeal from the order OF the
court adjudging my client guilty OF contempt
without giving him an opportunity to De heard,
said Mr. Ridgway. Then he added; :" Perhaps
might better say that appeal from your honors
denial of my motion to dismiss the case
Il know of no practice that permits such an
appeal and the stay is denied" answered the court
Then il being decided that the case should go on.
Colonel Bliss called the first witness Delos
McCurdy who said that on December p, he OBJ
tanned from Justice 1ngraham an order staying
Emans from forwarding the Duchess County re-
turns to Albany. lie Thought ne secured the order
in the afternoon.
WASN'T it after the close Of the court, ana
didn't YOU get the order at about o'clock from
Justice Ingraham at his house? ~ asked the Colonel
NO. / think not said the witness
"Well, yOu might as well be positive an
swered the Colonel las I have statement OF the
transaction made by Justice Ingraham'
With that. Mr.. McCurdy explained. Il secured
the order between ! and p. H. said he, from
Justice Ingraham in the Court House. and he asked
to read over the papers and took them away with
him got them at his house in the evening wheh
he was at home and sent copy of the order 10
the County Clerk of Duchess at Poughkecpsc ae
once by messenger.
Didn't you telegraph TO Poughkeepse that the
order had been obtained"
Yes, | told gentleman who had come down
from Poughkeepsie to do so. l do not know his
name. but know him by sight. / met him at the
Hoffman House about o'clock.
Then if he obeyed your order, the information
might have been in PoughkeepSic before
O'Clock ?7
Yes, it might have been
Mr. Herrck, in response TO a call for Storm
EIndnS read an a1ndaNlt DN Ine ldnhS
physician saying that he confined TO his house
in East Fishkill with the grip. Mr.. Lcwn in
sisted that the Republicans had no right to ask
Emans to testify. His defence had been sub
mitted in afidavits and he could not be compelled
10 testify against himself He gave notice that
Emans would not he produced unless il WAS or
dered by the Court The Court held that the
question of his testifying could be discussed i'll
due time but that Mr.. Bliss ccYainly had a right
10 subpoena him, and he must appear
The next witness was Mitchell Chadwick, the
messenger who carried the mail from the postOfice
to the Governor. Like that of all the messengers
examined, his testimony was indefinite. He
could not tell where he placed the mail on any
particular day. There were three messengers, on
either OF whose desks he might have placed the
mail on December %. They were Earl, OConnor
and Langdon When he brought the mail in the
mornilg there generally no present
cept the night Waterman. He did not remember
seeing any package from Poughkepsc. The de-
fence showed its policy of keeping far posi-
BILE aloof from the proceedings, and refused to
crOss-eXamine Chadwick or any of the other
witnesses.
Worthington S. Farley, the mail messenger of
the Controllers Office testified that the morning
Of December % he got the mail from the lock-boX
In the posoffice, and put it the desk Of Harry
Cole, the Controllers private secretary He did
not take it out of the satchel in which he placed
the mail at the postOffice. lie took all the mail
10 be found in the box, and had no knowledge of
any of the mail being taken from the Office nor
did he know Of any calling TO get back any
mail. He had no knowledge Of the Dutchess
County returns being in the satchel.
Colonel Bliss then called Frank Rice, the Sec
rotary of State, to the stand When asked if
he was at his office in the Capitol on December
22 he said he did not remember the date, but
he was there when Storm Emans called on nm
and received back the returns. lie went to ms
Office at 9 o'clock that morning. Mr. Rlce
then told the story OF the return OF the papers, as
follows:
MIR. Emans came into my office and SAID ne
had come from Poughkeepsie 10 recover some
raners that he had deposited in the postofice there
The night before He told me that they reiated
10 the Dutchcss County elect'on cases, and he
had mailed them, although lie had been restrained
from doing so by an order of the Supreme Court
Some one had deceived him into mailing them.
lie wanted to get the papers back to hold unlii
a final order of the court. / think told hin
that the mail had not yet come. When II ala
come, and was placed on my table Emans saw
the cIvelOpe ana said IL was the one he malleu
Then he took it up and went away c,,
Did you consent to that! asked Colohei
Il didn't object" said the Secretary
You allowed him TO take ii under a stay that
he said had been served on him at the time he
mailed it ?" asked the Colonel
The Secretary saw that answer TO this ques-
ton must criminatc either himself or Emans, and
replied that he wasn't sure. lie understood
NAT the order had been served, but could not
cav that Emans positively said that it had.
Did Mr.. En,ans tell you that the envelope
contained the amended returns OF the vote for
Senator in Dutche>s County Z? asked MIR. Bliss.
lie didn't describe Them was the reply. al
took them TO be connected with the Duchess
County election in some way. o
Il think did, but can't be certain.
"You knew thab that envelope contained
papers that IN the ordinary course oil law were
L. LII in