New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-12-23
Inv TyIrGRAPH TO TIE TEIDCNE.T


.,anId saw to-day about his announcement that
~ intends n rcappoint Isaac II. Maynard as a
I.lo, of the Court of Appeal, was the following
Tho legislature this year investigated the charges
inst INDIE MAYNARD and declared that they
- mot proven true: added to this, Judge
Worrord's course as Judge has met with the
,onroval Of the lawyers who practise before the
Court Of Appeals | saw no reason, therefore,
why he shouldn't he rcappointel.'
Mr. Flower in February last gave another eN-
cuse for appointing Isaac il. MAYNARD IS Jude
NJ the Court OF Appeals. AID that Was that the
indoos Of that court as we'll as of the Second Di-
vision. had recommended the appointment. But
what was the nature of tie rcommen lauoh
Vbo inspired it? And was it not nude BEIGE
,bo INDIES of the Court of Appeals were aware
that MAYNARD stole the election returns of
nutchcss County? Mr. Maynorl was appointed
70 the Court of Appeals on January 10, 1892 a
Tow, DAYS before that date the judges of the Court
Of Appeals returning from the funeral OF Chief
Indigo Rugcr visited the Executive Chamber
While they were there, Governor Flower asked
them whether or not they had any choice for the
vacancy which had ben caused by the promo
lion of Robert Earl from the post OF Associate
Indae TO that of Chief Judge Judge Denis
o,Rrien. who, It will be remembered, was elevated
n the bench by the influence of David Is. Hill,
in answer to Governor Flower said that he and
his colleagues had had some tGlk about the ap-
noin,ment and thought that Isaac H. Maynard
would make a good judge. Mr.. lover then sald
he would appoint Mr.. Maynard, ana thc appolh'-
ment in due time followed
But the circumstances surrounding this affair
must be stated in order that the judges may not
hs misunderstood Isaac II. Maynard was a
LAWYER who for many years had practised in the
oourt At the time lie was Deputy Attorney
Gencral He had been counsel of the State
Board Of Canvasscrs in the exciting contest III
December over the election returns: bnt TO one
at that time, in January, suspected that Maynard
had stolen the Duchess County returns, ana
no evidence had yet been gwen as
closing that startling fact When therefore
insnired by David b. Hill, the proposition was
made by Denis OBrien and Alton b. rarker 'n"V
the two divisions of the Court of Appeals shouIo
s,rcost Mr. Mavnard's appointment if Governor
Viewer should ask for advice about the Office, the
other udces saw no objection to the suggestion
AZ MAYNARD accordingly was appointed on Janu-
arv 10 On February 2, the theft by MI May
,ord NJ tho Dutchess County election returns was
disclosed before ex-Judge Learned, OF the supreme
Court. and the judges Of the Court OF Appears l""
NOW evidence % TO his character. At thc tune
This astonishing revelation was mace, Ju"ec
Learned was acting as referee to take e'iuchoc
for submission 10 Judge Cullen, of Brooklyn, on
February 10, concerning the alleged crlmlhai con-
,cmpt of County Clerk EInans OF Dutchess County
IN not chewing the Judges orders 10 submit the
Dutchess County returns to the state DoHu w
Corvossere Emars after mailing the election
returns 70 Governor Hill, Secretary OF State hlce
aud Controller Wemple had come to Albany ana
I'D rsoeivcd one Of the returns from Frank Rice"
,,o Sacretarv of State, in whose custody the
,e,urns were, az the representative OF the Sta'c
Board of Canvassers and another Of the returns
v.s c;ven him BY Willie" Lamborn, messenger
, boy employed by Governor HILL IAo"uso
Learned was trying 10 discover for Jaose Ouiio"
what became of the Dutchess County reDurh SEW
10 Controller Wemple 1t was then. on tho secoha
day OF February, that Joseph Allen, the Con
trolers messenger disclosed the fact that lsaac H.
MAYNARD stole the Duchess County election re-
turns from Controller Wcmples mail MI.
Wemple had previously testified IN brooklyn 'h"t
he had no knowledge that those returns ever
reached his Office George Bliss examination
Of Allen. when the latter was before Judge
Learned is follows:
q Have Won onv knowledge OF any letters, Official
letter, received az the Control,r Department being de-
vred TO any one outside the Office to anybody not con-
nccced with the object A-Ihere nigh: be letter de-
liytred 70 somebody thet had been directed wrong
CT mean an otcial letter directed to the Controller
in december last III did give letter to nan, but
1 do not remember what the day was in December.
o-Do you know who the man wosi A.-The man
had been por.d GU: to re Judge Isaac H. MAYNARD
GLOW came you deliver letter 70 hint A-he
said IL had been directed wrong.
o. letter addressed to the Controllerl Ayes, sir
Q--where did you ind 1T A-Among the mail.
Ole identified IL the one he wanted! A-1es
Odd he say whv no wanted it7 Ale did not say
Q.-was he alono2 Al do not know whether he was
alono or not
tv wifi A
guess no caIno in there alone
Gid you ever before deliver letter under such cir
cumstances7 A.-No. sir. not that know Of
Q-Had you any knowledge OF what the letter con-
taincdl A.-No. sir; he said he would recognize H.
and he looked them over, and he did
Q.-whom did you tell Of your actionl Al told
Controller wsmpie that he'd given the letter to Judge
Maynard
oTheu Controller Wemple IS mistaken when he swore
that he had had no knowledge Of any being delivered
Al do not know. told some that day. 1 think
told him, namely. Mr. Wempe.
Aliens testimony confirmed 3fterward
by Isaac II. Maynard himself who boldly said in
letter addressed substantially TO the voters Of
the State that he took the Duchess County cleo
ton returns from the Controllers ONCE. .
IL will thus lie apparent that the Judges OF the
Court Of Appeals ana not Know the run TIC arc
quiesced in his appointment aS one OF their NUM-
Der. Governor Flower was equally ignorant win
them as TO the theft Of the Duchess County rc-
turns by Maynard, But, after Aliens testimony
and Maynard's confession, Mr. Flower could not
plead ignorance OF Maynard's character and his
reappointment of Maynard will lie tenfold wors.
than the original appointment 1t will be made
with a full knowledge of Mr. Maynard's character.
AZ THE Buffalo Courier" the leading Democratic
newspaper of Western York, we'll says TO-
day The man who will be most damaged by the
reappointment OF Judge Maynard is Governor
Flower himself
Few lawyers In this city cared yesterday to express
for publication their sentiments on the Governors
threat again to insult tie bar Of the State Privately
however, they the strongest terms in conforming
II. They feel that the Court OF Appeals Will lose It's
previous high standing and become laughing stock
for the attorneys OF other States They also consider
that, with a hike Maynard sitting on the Court
OF Appeals bench, their will not receive that
consideration which they should be entitled.