New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-03-22
MAYNARD'S UNAVAILING DEFENCE
A TRryE AND CAREFUL ANALYSIS OF HIS CLAIMS
SHOWING THAT THEY ARE MOSTLY FALSE
AND WHOLLY IMMATERIAL.


AND WHOLLY IMMATERIAL.
After waiting until he found himself under tho
pressure of a formal resolution by the Bar Asso-
citation of this city TO investigate his conduct
Judge MAYNARD has undertaken TO justify 1t In
n published letter. The time and manner Of this
publication are not less significant than its con-
tents The accusation against Maynard Is, thai
on the morning of December ~, 1891, he unlaw-
fully distracted from the office Of the Controller
at Albany its Legal cepositary, public record IN
the shape of the true and valid election return
OF Dutchess County: that he did this to prevent
the return from getting before the State Board
of Canvassers it's ultimate destination under the
law, 50 as TO furnish that board with what IN mt
bc artfully worked as an excuse for canvasslnS
q false and fraudulent return previously put into
it's possession. judicial inquiry was lnsttutea
rs long ago AS last January before Judge Cullen, Of
the Supreme Court, into the facts concerning Tue
abstraction of this retain. Judge Maynard did
not appear as a witness in that inquiry, al
though he was subpocnaed. and date named At
his request and to suit his convenience for his
examination before referee az Albany. lie
ofterward made the explanation that he had in
ndvertently named an inconvcnent day, and he
now alleges that bees Use another day was not
provided he was effcrtualy prevented from making
bis statement. Had he appeared, his testimony
would have been subjected, OF course, to the
severe test Of a cross-eXamination That an honest
man. man who felt himself worthy TO sit upon
the bench Of the highest court in this State,
falsely accused of an infamous crime could allow
himself TO plead any engagement as an excuse
for failing to appear at the earliest opportunity
norded him, and of making his explanation where
it could be subjected to every test known In the
law. will seem to people morally well constituted
ls.l
as utterly impossible. The opportunity which
Judge MAYNARD now claims TO have been denied
him was, however, repeated last week when
committee of the Bar Association invited him to
make his statement before them. Is 1t conceiv-
able that an innocent man. Judge who deserved
and desired the confidence and respect Of those
who practised before him, would have neglected
or refused this invitation? The gentlemen who
addressed him were all eminent as leaders Of the
har Seven Of them out of nine were members
of his own political party. As citizens and rs
iurists they enjoyed the fullest confidence of the
community For their ability TO weigh and con-
slider evidence to sift it, TO discriminate and TO
ascertain the truth in every particular, they were
obviouslv an ideal body But Judge Maynard
has refused to make appearance before these
honorable impartial and competent members OF
his own profession and party. and instead con-
scious that he must at last make some show OF
defending himself he has addressed letter To
the presiding Judges of the two divisions OF the
Court of Appeals, speaking 10 them as the repre-
sentative of the only body which could with any
propriety expect statement" from him!
We have referred to this proceeding as slgnih-
can't 1t is much more it is positively iucrimnat-
ing Let any intelligent man put the question to
himself whether, being innocent and thus falsely
accused. he would have adopted or could have
boo, narsuaJed into adoptnC a c0urne SO eaSily
attacked as cowar lily, and as mean attempt to
sneak out of the perils of cross-examination.
When the contents of Judge Maynard's defence
are examined, they fully justify this language.
He admits that he did take the document re-
ferred N, that he surrendered it to Storm Emans.
the clerk Of Dutchcss County, and allowed
Emans TO take it away with him out OF
the city of Albany and he makes three
allegations as defence and justification Of
his conduct. The first is that Ae was the attorney
fer Controller Wemple. and had the suthoritv sf