New-York tribune., 1892-01-09

State C1NVaSSERS TO THE STAND.
The case of Storm EmanS, Clerk of Dutchess
County, accused of contempt OF court was called
beGor. Judge Cullen in Brooklyn yesterday. On
the night of December y, in obedience to an
order of this court no conntervailing order being
then in force Emans mailed certificates CT the
amended election returns of Duchess County to
Governor Hill. to Secretary of State Rice and to
Controller Wcmple. The same night under in
Srucions from the chief Democratic consplratols,
he went TO Albany and recovered possession OF
the amended returns. In consequence when
the State CanvaSSers met, subsequent to the
decisions of the Court of Appeals in the disputed
election cases. they were able To say that the
only certificate before them was the fraudulent
certificate bearing the signature Of the notorious
Mylod. That, i'll brief, is the only achievement
of Storm Emans, Clerk Of Duchess County.
Whether, in addition TO being disgrace to storm
Emans it constitutes a contempt Of court which
can be punished is the question which came up
for judicial determination in BroOklyn yesterday.
In behalf of Storm Emans it was proclaimed
bv his counsel that he was farmer, had been
in G..ice only week at the time Of the occur
renee under discussion, and therefore, the I'M
DilCdIlOU DtlllS llJV HO Nuo AcNNh' uhHV ANi '''S
place, that he was justified in doing jst what
his lawyer told him TO do Nobody has ever
doubted that he was cheerful alder and abettor
of the conspiracy which Hill directed, but his
intelligence and the degree OF his rascality have
been yaliou;ly estimated. 10 has not been posi-
lively known, for example, whether he robbed
the mails in transit or merely took back from
the hands Of the lawful poSsessors the honest
returns which lie had been forced 10 sign. On
that point Judge Cullen properly asked for more
light, and ordered Storm Enans to be interTO-
gated Thereupon the Judges attention was
called to the fact that there were other persons
whose testimony would be instructive and cdify-
ing, and he accordingly directed that the hear
ing should be resumed on January 20, and that
the state Board of CanvasseIs might then be
called to the stand. We surmise that their ap-
pearance, demeanor and utteranoes on that Oc-
casion will be highly interesting.
If there is one person whose evidence on this
subject is likely u be peculiarly embarrassing
TO himself and valuable to others that person is
Frank Rice. Secretary of State. 1t Will be re-
membeWd that at the final meeting OF the state
Board of CanvaSsers on December 80 Mr.. Rice
was more c,nsl licuOusly solictous than any other
member 10 prove its. action infamous. Having
decorated Mr.. Cady, the Republican counsel,
with inSoent abuse 80 long as it was not incon
yenent to Use his tongue he relapsed into utter
and particularly abject silence when a searching
question was addpSsed to him personally. "Mr.
Rice, have you received that correct returnT'
asked Mr.. Cady. And Mr.. Rice was suddenly
dumb Not a single word would he utter i'll
reply to an inquiry which, if he was innocent of
a disglaceful trick gave him a chance TO de-
clare his innocence, and which, if he had a trace
of decency in reserve, gave him a chance 10 dis
close it, even though the disclosure involved a
confession.
But the fates show more kindness to Frank
Rice Secretary of State, than he deserves. lie
will have an unexpected opportunity on January
20 in Brooklyn to repair under oath the breach
which he made in his own reputation on De-
cember 30 in Albany, or at least TO do good to
his soul by pleading guilty.