New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-01-20


what iniouity may he not stoop before his term
is out?
RICE AND TEMPLE on THE SIAND'
The Sur.-:no Court in Brooklyn ought to be
An exceedingly interesting place To-Day II
certainly will be if all the State officials obey the
subnoenas that have been served upon them IN
the case Of storm Emans, Clerk OF DurHleSS
County. whose trial for contempt OF court comes
nm again before Justice Cullen this morning
Emans. it will be remembered was put INTO
office because it was thought he could be DC
pcnded upon to carry out Hi schemes Ills
PREDECESSOR had been removed because nc re-
fused to certify as correct a record winch ne
knew to be untrue No such display OF con-
scientious scrupcS, il was thought, Woulc ne
made bv Emans Ills official conduct has de-
monstrated that this belief was well founded
lie proved himself willing tool in the hands
If The conspirators. never heSitating to do their
bidding. even when he was called upon to dis
obey the order of a Supreme Court Judge
Eman's offence can be fully understood from
a brief review Of the facts III his case Inc
Duchess County Board of Canvas>eIS, composed
If eighteen Democrats and eight RcpublcanS'
falsihcd the returns of that county by adding
to Osbornc's plurality % votes making his ap-
narcnt nlurality over Dcanc in Duchess Isl, or
IA in the entire Senate District These returns
were 50 Transparency fraudulent that the Re-
nublican County Clerk refused to sign them.
For this he was summary removed by Governor
Hi. His place As secretary Of the Board was
taken temporarily by one of the CanvascrS, Mr.
Mylod. who signed triplicaic copies Of this false
e..;sno,o and hurried thcm 10 Albany The
falsity Of these returns had been affirmed by
every court to which the question had been
presented The Special Term in Duchess Com
~ affirmed and rcanrmcd their falsity. The
General Term in Brooklyn also declared them
10 be false, and the supreme Count three Tor
babe the state Board of Canya>ScIs to act upon
them. BY order of the Supreme Court the Dutch
css County Board of Canva>NerS was recon
vened. The erroneous canvass was corrected
The corrections were made rs required by the
writ. and the true returns, showing Mr. Dcanc's
election, We're filed in the Office of the county
Clerk The "Myl0d certificate was Destroyed.
Comics of this false and fraudulent statement
however were on file with the Stat" Board Of
Canyas>crs. Governor Hill and his fcllow-c"n-
spirator, determined to keep il there, and to al
low no other to take lis place until Osborne had
been counted in. In the performance Of this
Infamous task Emans had an important palt-
As County Clerk his duty, as prescribed by
statute. was to mail certified copies Of the cor
rectcd statement To the Board Of County Can
vasscrs. to the Governor, Secretary OF state ana
Controller. He refused TO do 80, even III the
face Of orders of the supreme Court dH>fing
him To perform this official act. Finally he com
piled with an order of Justice Cullen, and on
December II two days after the order Wa
issued. mailed the certified c'p.cN 10 he Coy
| crnor Secretary of state and CONTROLLER lh't
| were mailed early in the evening AZ midnight
| tmans. by direction of the chief conSplra,oi>
went TO Albany and recovered possession Of the
amended returns. I'm consequence. when ~"
| State CanyaSseIs mot subsequent TO The de-
cision Of the Court Of Appeals, they were able
70 say that the only ccrtlca'" which Mas lc-
| fire them in the XVIII District c1,c was one
| bearing Myods signature. Eman>. IN his state
! mcnt declared that he tD1k these returns rom
| the messengers employed in the offices al tn"
| Governor Sccrci1Ty oi state and Controller WIS
had brought them fIom the postoilice. But cyon
| if this were tue who would for m instant be
licvc that these trusted messengers would sur
|
| less they had been instructed 70 d. SO. and Wha;
would this imply but conniyance on the pant of
| Hill. Rice and Wcmp!c? A. the final meeting
| # the state Board Of CanNa>>rrS th" >rci"t1r!
Of state was given an opportunity hy The Re
publican counsel Mr. Cady, - deny that b"
had ever received these corrected returns, but
| he failed TO accept it,.
1t is for the purpose of clearing up this all
important matter that Judge Cullen, Al the Sug
pcstiGn of Colonel Bliss Ia, directed thc>e STATE
officials 70 APPEAR before him to-day. Zach Of
them, with the exception Of Hill, has received "A
summons and their testimony particularly that
of Mr.. Rice will be listened to with special in
tcrcst II is t. he regretted that the chief con
,rirator should be absent. His presence l. eager
" desired, and the Ecpublican counsel have tried
every effort to get hold Of him He has kept
| himself however. AT safe distance. in Washing
ton, beyond the reach Of all subrocnaS But, Of
course, hc cannot do this all the time. If he
| did he might become in time practically fugitive
| from Justice, and fugitv" from justice would
be an awkward sort Of a Presidential candidate