New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-03-19
PRICE THREE CENTS.
JUDGE MAYNARD'S DEFENCE.
REVIEWING WITH PRIDE HIS DISGRACEFUL
CONDUCT
NO NEW FACTS PREsEyrED-A PRACTICAL CON:
FESsIoN OF HIS GUILT-THE FULL TEXT !.
MADE PUBLIC BY HIS ASSOCIATE IN THE

! MADE PUBLIC BY HIS ASSOCIATE IN THE
SENATE STEAL, DELos MCURDY.
DeOs McCurdy, the associate of Judge Isaac
| H. Maynard counsel of the State Board Of
| CanvasSeB and the Democratic party in the re-
, cent proceedings to steal the State Senate. yes
tcrday made public the defence Of Judge May
! nard for the action which the Bar Association is
| about to investigate. The defence is in the shape
of letter written 10 the chief judges Of the divs
ions Of the Court of Appeals 1t adds absolutely no
| new facts to the history of the case and con-
tains not scintla of evidence tending to shoY
that either Judge Maynard or his clients were
actuated by any other motive than 10 keep the
Republicans, by any possible means, from getting
control OF the Senate. Judge Maynard defends
his actions being strictly legal but practically
| conlcsses that he and members Of the State Board
Of Canvassers, who are supposed TO be devoted TO
carrying out the law, regardless of party, were
| holding conferences TO determine what action
should be taken to keep the amended returns
! from Dutchess County from coming 10 their hands
| and how they might be disposed of II in spite OF
| all they should come
| The defence is nothing more than the statement
| of the wcll-known facts in the case. from the
| point of view of Judge Maynard, so disposed
and interpreted to place his motives In tho
most favorable light possible It's full text. en-
actly as given out by Mr. McCurdy. is as follows:
| To Hon. Robert Earl, Chief Judge OF The court oh
Hon. 1bHi' BHyid L. Follot Chief Judge of the second
macG has been said IL regard b. my s9sdns' % s as
deny unfamiliar the facts and II has attracted
public attention TO such an extent tiiaI l Ice.n . ~
UPON apo ms relations to those do this bsea,s
you represent the only body wmch conld' Win sy sh
| propriety, expect a statement from me upon 'inS
subject. 49,. ,r.s ro,,,nsa hv tbs
bers thereof, December l59i 10 49, ~, ,esai pro
ceedngs brought against them or ealnS ior xvIfb' Vim
action In the se1alos ssoroI contests s,rrts 5g Deos
McCsrdy osq., Of NewYor CITY, was :ssocatcd "a Wiz @
me in the cases. and my appeaanCs va canscitv "a
an attorney as the papers in the case VIII snow show:
The Attorney General was himself parry With
them as Deputy Attorney General The APPEARANCES
therein are all signed " l. H. Mayhaid anu N'iS
| McCurdy, attorneys for, etc
DIVIDING THE RESPONSIBILITY.
other ATTORNEYS OF great eminence IN the pro-
esslou were retained as COUNSEL and gave advice upon
all important questions arising In the cases beio'
the state Board Of Clnvas,crs met or Tad an oppor-
tun!ty 10 meet, 10 take any action wtae'cf' tno
members OF the board wcrc served with large huhoer
of stays ex pae orcr, and orders 10 show cause NJ
special Term Of the supreme Court. with the accom-
panying papers all Of which were, as soon as served,
delivered me. with the request 10 attend to them ana
take such action as in my Judgment wo"h DO lawiA
and Droier These orders accumulated until, on No
center :, there were nyc ordeis to show cause wild
came hearing at the iluoh >e dlal itrih' peIoo
Mr. Justice Edwapi,-two relating 10 the AA|llth Ds-
rCa and one for each the other districts ILo pro-
cecding the XVIII District was entitled inc peope,
etc eA rel. William c. Daley and John Flatt. against
ns state Board ol Canvassers ana the INDIVIDUAL eih'
The argument Of the lasted nearly the entre
day and was not colsuded we IhS r1Ie s,p sna
| that the parties should enter INTO supnisuon py
means Of which al questions IN controversy N t ths
uhted to the Court OF Appeals Tor final decision Espe-
cla emphasis laid upon the fact that II this pt1po-
sonfoycry SMs repsins to tHcs elections said In 10
spons- In favor Of the proposition, but AS II was
JUSTIFIED in accepting 1t wrhout consulting With my
n .' doubt T It Would % be acceped but did not wish to
take tic responsibility ot signing such stipulation at
1ntii Monday morning following. could then give
final answer. which did not doubt would De favorable.
day Morning at Albany. wien the proposition
accepted, ard the following stipulation drawn and
SUPREME CoUET-ALBANY COUNTY.
s In Il % @' oh The 9 9P,Sn S q & sY fs Yi D. q heS :
WOOD for nahdamus
Frank Rice as Secretary Of SAT-.
a Of e apSaSn d Of q tsoEP The PeSs Of shaS: IN:
wood, for mondamus
Frank Rice as secretary Of STATE Edward weuplc
coatloleI the stat, Elliot r. Da1iorth as r,eisgrer:
state Engineer and surveyor. composing the stats
of Wils% WI HSFo C. DALEY 6 '' joa% / fiatt' w
the Board Of State Canyasscr " the state Of New.York
% oiier; Charles f. labor. Attorney General flO.
and psrSly SarSeyGr as members Iatrso'
In the matter OF thc application OF I.ufus l. Peek ior
the Board OF STATE con,es,crs. ~
In matter Of the application of John IL. Derby
| for writ ~ mandlmus -
the Board Of state Canyassers.
In Of la lhO
proceedings that appeal shall be- Immediately taken
from each OF the orders granted therein, AT The 90
AID entered in Albany County Clerks Office. December
Z ie0l that the REALTORS therein VIII print the papers
upon such appeals and furnish them 30 that the
apEssl. Shall be submitted TO the General Term.
being held In the Third Depar'ment. on Tuesday'
Will accept notice Of argument thereof for that day
and unite with the appellants IL a redret @ tho
General Term to put such app,als upon IT, caendar
for that day and Immediately hear and decide such
appeal that the Defeated party at General Term
shall Immediately appeal to The Court OF Appeals, snd
the Pyne S R % I, a'g o2 short aG5 TSse Un T Sf aT hs
% appeans .' in Sp rac, to the court to place Tho
appeals upon the present. calendar and hear them
early practicable and that the proceedings OF ING
state Board Of Clnvas.ers relating - the canvass ot
XXvIIth Senatorial Districts be suspended until tho
providing such decision be made prlo: 10 December 80
1891. and that such canvas shall he completed ard
issued by the state Board of Canva>,Hs IN acord-
with the decision Of the Court of Appnas In these
I caSG1. n so made. and also in the \NNth O>ffN
in arcoiance with the decision CT the Court OF Appeals
in thi, and other appeals.
plted Albaly December = 1871.
/ H. MAYNARD and DFL's> MCCIRDl,
Ntnrneys for State Board of fsnNasseTs and
Frank Rce. secretary Of state.
J. L. PARklURSf
Attorney for +. u. Sherwood. Relator.
WILLIAM NOTTINGHAM.
Attorney for Rufus T. Peck.
MATTHEW HALE.
Derby, ard other Realtors.
TlcreupOn pro .oma orders were entered the san?s
Ia, l.th in, nd Gene
tak, n i'm each ca se 10 the Court II Appeals.
50 far as the state BOard OF CanNassers WIS con-
; Germ vi the only question involved In the NNth sen.
atorla District was tho validity of the statement of
the convass .he vOtes In DutchcSs County then be-
fire that Board II this statement was pfoperlN ah-
t6enticafcd the state Board could not ~ behind u; NO
matter what legal there might be relating
- the action Of the Board OF County fan'a>sers Win
ch controversies tn state Board did not ana could
rot concern Itself This statement Of the county can
vass was attacked the ground that Il was moi M.