New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-03-09
returns were on their way TO Albany.

the returns were their way 10 Albany Inc
County Clerk being advised according 10 MI
McCurdy, that he was making himself haoic LOT
contempt in FORWARDING the returns when ne Kne"
OF the existence Of the injunction, started III
medately for Albany and saw the Governor Inc
Governor told him that he had better get TIE
returns at once and take them back II lie Knc"
when he was we'll off, and told him to see Judge
MAYNARD. who was then Deputy Attorney General.
about the case County Clerk Emans, according
TO the speaker, went with Mr. Maynard TO the
Controllers Office and got the letter containing TIE
returns.
AZ this point the speaker interrupted by
Everett p Wheeler, who asked if he were sure
that County Clerk Emans went with Judge May
aard to get the returns
Mr. McCurdy declared emphatically that he was
sure on this point.
THE proof is to the contrary" rejoined Mr..
Wheeler, and that is why / asked
THE fact is as l state il. answered Mr. Nc
Curdy again.
All right responded Mr. Wheeler, only as
matter Of fact, the proof is 10 the contrary
There was O general laugh at the expense Of
Mr.. McCurdy at this and then he continued MI
Maynard, as counsel to the Controller, the latter
not being there, had perfect right to do that
which he had advised his client TO do This adj
vice. it appeared which gi|rn 70 the Con
ROLLER. was that the returns from Dutche's County
must be sent back after the County Clerk had
lisobeyed the injunction Of Justice lngraham. and
forwarded them.
When County Clerk Emans came TO Albany
with the Injunction order OF Justice 1ngraham, .
continued the speaker. he had perfect right
to do Just what ] should have done il had been
in his place only should have tried TO do it
better"
After Mr.. McCurdy had closed, Roger Foster
got up and made genuine political harangue.
lie accused such respectable members OF the as'o-
citation as Mr.. Carter and his associates in draft
ing the resolutions Of holding q caucus TO make
capital for @ political party and to throw mud on
a judicial officer. Ills talk was treated with
silent contempt. and then Nelson Smith made a
speech on much the lines
Following him came eA-Judge Noah Davis. who
is seldom seen at the rooms of the ASSOCIATION in
these days. EX-Judge Davis's speech to the
point, though not long. and many times while de-
livering il he interrupted by enthusiastic
applause. He began by saying:
The character of no judge can Ire blackenel by
this association unless it has been backened by
himself Continuing, lie said that he was sur
prised that Judge Maynard had not invited just
were innocent he certainly had nothing TO fear
from such a course, and in view of the many
things which had been S1ld QerOgatoTy 10 nun, Ihc
speaker should think that he would be glad
self in right light before the people Of
the State On the face of the charges which had
lecn made against Judge Maynard, his conduct
was certainly questionable. and no one in the
State would he more pleased to prove these
charges false than the pembers OF the Bar Asso-
citation, if Judge Maynard would give them an
opportunity 10 do so.
This speech was warmly applauded. and after
quiet was restored Frederic r. Coulert arose
He kept his hearers laughing or appalding at
short intervals all the time he was speaking lie
treated Messrs. Foster and smith with cutting sar-
casm and these men probably wished they never
had been born or at least had not tried to fire off
political oratory of the sPreadeagle style to such
men as thoe present. NJ Goqdedi declared e
written authority which 10 base the assertions
which he had made. Mr.. COudert wished TO re,
the declaration that the fact that for ten years
the Democratic party had not had control OF the
upper branch of the State Legislature had any
thing whatever 20 do with thc action which the
association TO take that night. Serious
charges indeed had been made against judicial
office, and il wOal1 be accordingly peculiar if
debate that subject was TO be suppressed for
After Mr. Smith has spoken" he
said Il want to speak for the Democratic party. y
90 Prolonged applause greeted this remark. There
doubt that if the returns which had been
deposited in the Postoice by the County Clerk
had been delivered 10 the Board Of CanvasSers u
different result might have been obtained. As
o matter Of fact. also these returns had been put
in the Postoflce and they were not addressed
either TO the County Clerk or To Judge
Maynard. is it not worth our while. he askci.
"tO investigate charge that important public
documents have been taken in violation OF the
law ?" There use to deny, he added, thar
a grave scandal had been attached 70 the alleged
action of Judge Maynard and the members OF one
party TO a man believed that they had been
wronged. The members of the other party also
felt that they would like TO have the matter
siftcd.
Mr. McCurdy says that he would have done
the same thing. Well | do rot think that he
would but if he did would investigate him
Ii was not enough to justify Judge, Maynard for
Mr. McCurdy TO say that he would have done
the same thing"
Speaking Of Mr.. Foster, he said that in the
Innocence and mpetuousity Of youth Mr. Foster said
many things which the older members loved to
listen to, and he treated ali OF Mi Fosters re-
marks in the same manner. There was prolonged
cheering at the close OF this speech, and there
were loud calls for the question. 1t
was put by Mr.. Peckham, and adopted
almost unanimously, as before said, only fey
weak noes" coming from the back of the hall
Mr. Peckham said that lie would not announce
the members of the special committee until
laf date