New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-03-14
THE STEAL IN THE COURTS.
"
HOW HONEST JUDGES vATNLY STROvE TIC
DEFEND THE BALLOTEOX.

OCRATIC JUDGES TO PREVENT THE CON
SUMMATION OF HILLS CONSPIRACY
TO STEAL THE STATE SENATE.
fvsos. srAFF CORRESPONDENT TRIBUNE
Albany March l3-Gradually many little facts
which, isolated, may seem OF small Importance but
arranged in order and taken together, throw
strong clear light on the motives and conduct
of Hills Senate stealing machine. are working
their way into publicity. All such crimes are
matters Of Development and their history is not
TO he written on the day of their consummatlen
BacA of each great act and leading up TO it, are
a Thousand little Incidents and in many cases
knowledge of these is necessary to correct I'M
Outstanding of the whole matter. In earlier let
ters 10 The Tribune L have traced the Hill con-
spiracy of 1891 in each of three Senate Districts
from the time the returns were made upon the
night of election day, until the final acts of the
democratic County Boards OF Canvassers had been
accomplished and expressed in certificates al
dressed to the State (anvassers. When that was
done the crime was we'll advanced. The founda-
ton was laid and the fabric formed The State
Boards action being in all cases predicated on
that of the County Boards. and required by law
70 he in harmony with it, as it is required to ne
in harmony with the action OF the poll inspectors,
il follows that wrong once perpetrated by a
County Beard is well on its way to completion
The State Board as the record stands, has every
excuse to confirm the wrong. The remedy, II
there is one and in the light of what has occurred
il doesn't seem as if there were. lies in the
courts.
Various proceedings were had before various
Judges in each Of the three counties where the
County Canvassers had followed Hills directions
instead of the law. There was, however, what
may be called main proceeding which. by the
concerted action of all the Republican counsel,
quickly involved the entire controversy in every
district. To clear explanation of how these
several legal streams finally converged brief
statement of the essential points in each case lie
necessary.
1. THE DUCHESS CASE.
In the WITH Senate District. composed of the
counties of Duchess, Columbia and Putnam. the
rturns as filed the night of election day gave
these results: Gilbert A. Deane rep received
in Dutchess, $3.50 votes; in Columbia, 5,205;
in Putnam, ,6S4: total, 1874. Edward B.
Osborne Dem received in Duchess s,447; in
Columbia. 5,O73: in Putnam 500; total. 1916.
Deanes majority, IS. The Putnam County Board
Of Canvassers did their work honestly and GER
titled the result of the election exactly as the
inspectors reported it. The Columbia County
Board was Democratic by majority of two, and
@ serious attempt was made there 10 do some
rascally work. Maynard, the Deputy Attorney
General, who was Hills chief agent in all the
villany that went on in this district, went down
from Albany TO Hudson and took the Democratic
Supervisors aside. personally, one by one, and
demanded that they should throw ont the ptuns
from several Republican districts. He talked
with warmth, and insisted with great show of
authority but there were three of the Demo
cratic Supervisors who told him. in effect that
ho hiatt boyoo opl ind
own business; that they would not DO any dirty
work nor allow it to be done. and that the votes
going to be counted as they We're cast by
the people This settled the matter in Columbia
and the whole Democratic effort concentrated
on Dutchess. 1t succeeded. The Board there was
composed of eighteen Democrats and eight Repub-
Hcans. Under the manipulations OF the local
Hill boss, j. w. lIinckley, and lawyer named
Wood, who, exposed by The Tribune. has since
confessed to Interpretations of public money re-
ceved as a Deputy Internal Revenue Collector
under tie Cleveland government, the Dutchess
thieves threw ont ffty-eight Deane votes, trans
posed others from Deane TO Osborne. and gratui-
tously gave several more to Osborne without their
ever having been cast at ALL with the net result
~ clecting Osborne by fourteen majority. They
made the vote in Dutchess stand Osborne s'462'
and Deane. s,27s. statement TO this effect
known
Albany.
This action led TO two proceedings in the courts,
one before Judge Edwards, which shall presently
follow. the other before Judge Barnard. both
Democrats Judge Barnard decided that the
Mylod certificate was false and fraudulent. in
which view he was sustained by Judge Cullen.
Democrat. and by the General Term, Judges Pratt
and Dvbman Democrats also Judge Barnard
ordered the Board 70 reconvene and TO make out
and forward true return After several weeks
Of backing and filing during which time various
iudicial orders in aid Of the fraud were secured
on ex parte proceedings, Judge Barards manda'e
was obeyed But the three copies sent on IN ac-
cordance with bis decision were stolen from 'he
offices to which they had been delivered-one ny
Storm Emans Democratic County CLERK oi
Dutchess from the Governors room WIN illl
subsequent appreciation; another by Maynard rom
the Controllers Office without the ControherH
knowledge or consent and the third ny FRANK
Rice Secretary Of State, from his own HES lniS
was perhaps the rankcst individual crime OF the
entire series.
II. THE sTECBEN CASE.
In the XVIII District Franklin ID. SHERWOOD
RepA had been elected over Charles r. walker
tDem) by a majority of 1852 votes, fact never
ds,uted But Mr. Sherwood when nominated,
was Park Commissioner Of the city OF Hornchs-
vile and the Constitution says No person shali
be eligible % the Legislature who at the time OF
hs,eection is. or within 100 days previous thereto
has been. an officer under any city government.
The Constitution provides also that Each House
shall be the judge OF the elections, returns ana
qualifications of its own members" The Demo
cratic Board Of County CanvaSsers OF S'euoeh'
however. undertook to make themselves the J"dgc
of Mr.. Sherwoods qualifications, and, acting uhdcr
tbo directions Of Labor Commissioner TecK' one
OF Hills most servile tools and Frank Campneh'
Hills recently elected candidate FOR Ooh'foiler'
both of whom live in the district they accompa-
ii Al lin a4emnnf nf the retnrnS with part OF