New-York tribune., 1892-01-09
TO EXPOSE THE CONSPIRACY.
HOW DID EvAys GEL HIS Returns BACK?
THE DUTCHTsS COUNTY CLERK BEFORE JUDGE
CULLEN IL BROOELYN

THE DUTCHTss COUNTY CLERK BEFORE JUDGE
CULLEN IL BRooELYN.
Another step in the movement to expose the con
sprcy by which David Il. Hin and the state BOARD
of Canvasscrs stOl' the state senate was taken
Yesterday, when storm EmanS, County 'ieiA OF
Duchess County appeared before Judge cullen III ihc
supreme Court in brooklyn. in answer to tic 0Ider
show why he should not be punished ior con-
tempt Of court for hi, actlor Ia taking from Albany
the Duchess County election returns by him sent there
in obedience tothe order of Judge Culln. hhah> was
represented by C. l.. Iierick and Frank B. Lown, OF
PorgIkcep,le, and by Dlslrct-Attorney james W.
Ridgway. Colonel George Bliss and Charles +.
Co,,un appeared on behalf Of the order.
Colonel Bliss Op ned the case, and read ahdi'tS
showing t,at the order Of December 10. made by
Justice Cullcn for the County Clerk to transmit 10
Albany forthwith the corrected turns. was given To
Mr. Woods who agreed enter it In Ponghkeep'ie AZ
Instead OF doing so he sent IL to anu IL
was not filed until late on December II when hhnhs
sent forward the returns, and afcrward gcttlhG an
ord.r TO hold them from Justice lnSraham he went
TO Albany and obtained them again. Mr lieiH'K
read the affidavit, OF Emans. who said he had no eN
pcrience as County Clerk and had tried 40 obey all the
conflicting orders served upon him. and had zone the
best he could und r advice of counsel
Mr. Bliss then made the argument on the motion.
lie said that EmanS took puohc records from Inc
place where the law required tll'h 10 bt' Ic "'Si
to obey Judge Cnlens order. and thsn under pretence
of obcying Justice Ingraham's order went 10 Al
bany. That order, however did not command hni
to do any such thing and 1t was absurd 10 suppose
that il commanded him t. undo what he had dvle De
fore IL served in obedience to another court
order Colonel Bliss characterized EmanS's action as
a feature in the cinrngly devised plot by which
Wood did not carry ont his agreement made mere III
open court hut held the paper and sent 1t TO New
ah
was TO hold It until another order could be- procured
Justice Cullen asked how Emans got back ihc paper.
and said W4re the returns legally IN The hands oi
The state officers, and II 80. did bis taking theih
from their hands after having transmitted theh' as
required, constitute contemrt!'
Colonel Bliss said, I'VE say the records were rs
matter Of law +, the officers hands. but they say
otherwise aud pretended never TO have received tEei
rnans had no right 10 take affirmative action TO yet
them back Had he gone to the postmaster at Po'sh-
kcenSc and got the returns after having posted thew
It would be contemptuouS. Was it less so to steal
tlicm from State Office or persuade messenger l"
give them upl7 Emans later refused to obey another
order Of Justice Cullen, on the pretence oi obeylns
an order Of different effect which had not been
served but Of The existence OF which he lad heard
by telegraph
Judge cullen said that II was important 10 know how
the records were recovered at Albany. lie was not
prepared t. say that wrong ret after his order h1d
hccn cLeycd contempt The Court wants 20
know the factsH he said II by trick The paDcrS
we're taken before they reached the state oilcers
that was contempt shall appoint referee OF
mysf hear testimony
colonel Bliss said he wanted to eNamin" Enhhs' lh'
messengers Of the departments at Albany. ana the
former State officials, with the exception Of .X Coz
,rlor iill who was ont Of the state Mr. RldgwhN
objected. Colonel Il.ss said. We want To mud one
how thI,e papers were taken away. W" have begun
contempt pOcc cedng- I'm the Third Department against
the state Canvas,crs for d<obeylnS justice III
wards. and any testimony bearing Oh the 'a'c may
be used there .
Judge Cullen interrupted " fou may vaI N"hr
witnesses The Court 81. hear such testimony - yDu
Wish TO present Wednesday. January. 20, at II 30
"A