New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-04-07

TO ALLOW INADMISSIBLE TES-
T1MoNY TO BE GIvEN-PLANs
OF THE REPUBLICANS.
ryRonA STAFF CORRESPONDENT OF THE TRIBUNE
Albany, April 6.--The Senators have finished
their case and what a case 1t consists of a
transcript of the court records submitted by the
Bar Association as embOdying the facts upon
which they bring their charges against Judge
Maynard and of oral testimony from seven law
yers, all of whom swear that the record proves
Maynards guilt, and from Storm Emans Demo
cratic Clerk of Dutchess County, who swears that
the only important point in Ills testimony before
Judge Cullen was a falsehood That is their case,
and the whole OF it, So far as this oral testi-
m66y is concerned, not one word OF
it from the time Mr.. Peckham opened
his mouth Until the time EmanS closed
his has BEEN according TO legal rules of evidence
pertinent or even admissible. The opinions of
MIR Coudert, Mr. Peckham, Mr. Stckney, Mr..
Jenner Mr. Cadwalader and Mr.. Carter, while In
teresting and instructive, as we'll in ethics as IN
law. were in no respect evidence. What they
Thought about the facts already embodied III
their report transmitted to the Legislature
The question before this committee was, "hat
are the facts? And not the slightest pre'ehce Vi
an effort 10 show the facts has vet been maoc'
.Judge MAYNARD has not been called; nor 80
far rs is known. has he paid any "r
tention to the committees letter lniorlninH
him of the subjcct-matter of their lhVee'i7"'io"'
lie has not asked 10 be heard. In his Io''o w
his colleagues the bench OF ue Nou.'
Appeals. he complains somewhat bitterly VI wv
alleged fact that he had not been aho"eu "
testify in the proceeding before Judge N"ii'"
He said in that letter: Il was not par" "
Il was not counsel for any party to it, was not
oppcrtunitv of an examination. was not per-
p,;tted 70 testify" Then why did lie not testify
hercp lie has been present in the city during
the investigation and within easy call OF the
Senate Chamber He ntimated i'll his letter 10
his brethren on tie bench that the reason why
he maid no attention to the invitation OF MI.
pockhom Mr. Carter and Mr. Coudert TO testify
before their committee wac because he considered
them beneath him. "You," lie said TO the chrt
iudoe represent the only body which could,
with any propriety, expect statement from me
Pnt surely the Legislature, the voice ana Dolly
representative Of tho sovereign people. are worthy
Of this judges attention. Surely he dld not
omit 10 testify before this joint committee OF
the LEGISLATURE because he considered them IN
terior in station to him. Still he did
rot testify. lie is accused OF infamous
crimes; Of abstracting from a public ofic'
preventing it from having its lawful effect, for
the nprpose of stealing scat in the Seantc for his
political party. Still he did not testify Still
the greatest LAWYERS in NewYork the leaders Of TIE
lar Of the Nation have sworn that the records OF
the courts prove his guilt. Still he did not ties
tifv Those records show that he took that re-
turn a lawful return, sent to this public Office IN
pursuance of statutory law, and of a special order
Of the Supreme Court legally there, nghtiully
there: and that he gave it TO man who mad no
right 10 it, and for the purpose of preventing 1t
from reaching the office of the Secretary of State
and of the State Board of Canvassers, 10 which IT
was destined by law TO go: and that lie did this
in pursuance of conspiracy into which he had
entered with the State Board Of Canvassers to
prevent that lawful return from being counted,
ard 70 enable them, by It's absence. to count r.
turn which the Court of Appeals had pronounced
TO he illegal and erroneous Still he did not
testify.
THE THIEVES TRY TO CREATE FALSE ISSUE.
When the hearing closed on Monday, the thieves
were utterly at a loss how 10 proceed. They
knew they could not call single witness who
would not do them more harm than good: ard
vet 10 close the case with nothing on the record
except tie proceedings Of courts, and the opinion o!
the seven lawyers that those proceedings proved
Maynard's guilt would have been obviously con-
fession SO utterly abec 10 leave them no chance
Of deceivng even the dullest voter They had 10 do
something. And so they did the ding which men
in their situation invariably do; they tried TO
create false issue. IC--av there appeared a
whole raft bf Democratic ward workers from Dut-
chess County. Ilnckley had them IN tow.
They were the election district inspectors, who.
after having sent in returns which cleo al Mr..
Deane the Republican candidate, had, under the
inspiration furnished by Ihncklcy, and in obcdi-
ence TO his commands ten days after the election
supplied afidavits and other tormb Of socallcd
evidence upon which the COrntY Bead q Can
vassers undertook 10 throw cut Republican votes,
and in various ways To alter the returns as 10
make them elect Osborne.
These fellows had been the witnesses IN o.
borne's proceedings before Judge Barnard when, on
December 0. he appealed 70 that Judge for a man
damus To compel tho County Canvasser TO certify
TO his election. Judge Barn8 rd-who, by the way,
is Democrat after hearing their evidence, de
cided that Osborne WAS not entitled TO the man
damus, because lie had neither alleged nor proved
enough Osborne had asked the court 10 throw
out ffty-three Republican votes, on the ground
that they had been cOrruptly obtained and had
been deposited In the form Of ballots marked for
identification. But he had been able TO submit
proof IN only two Of those votes and the
judge said that, whatever importance was to be
attached 10 that proof, since it affected only two
votes lie could not throw out ifty-thrce But
Ridgway and Reilly brought this evidence up here
to-day. and undertook to introduce it as proof
that Osborne was legally elected and that, there
fore, Judge Maynard's act had been committed
in the interest Of substantial Justice
SENATOR SAXTONS VIGOROUS PROTEST
Senator Saxton objected. six weeks ago." hC
said. Il introduced resolution in the Senate
0Shn il l,. inv
tigatcd. You turning to Mr.. Cantor and tho
Democratic majority of the Committed refused
even 10 allow the resolution 10 be debated. You
apned the gag. You used YOur seventeen votes