New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-03-22

4
dy represented Osborne and a Poughkeepsie lawyer
named Wood represented the canvasSers. Judge
Barnard threw them out of court, declaring that
they neither proved nor alleged enough to give
them standing. II was the order resultant from
this proceeding that Judge Funman stayed. and
his stay was made returnable before Judge Cullen.
Now, Judge Cullen, having decided that FuTs-
mans order must be vacated and that the return
made out according TO Barnard's directions must
go forward, handed down his order to Wood at
noon on Saturday, December o. All that after
noon the Republicans waited in vain for its APP.
pearance at Poughkeepsie. They waited until
noon on Monday, and still il had not been filed.
At last one of the Republican attorneys encoun-
| tered Wood, and, having demanded to know
where the order was. was amably informed that
Wood had given it, not to the County Clerk, but
TO certain James W. Iinckley, Governor Hills
local party boss in Poughkeepsie, and that llinck-
ley had brought it, Wood thought. down to New
York for the purpose of having it printed Three
hours later that order was found in the office OF
Mr. Delos McCurdy, the valiant gentleman who
has declared himself capable Of doing all that
Judge Maynard has done in these Infamous pro
ceedings. But before he takes too large bur
den of responsibility on his spreading shoulders,
the Bar Association should certainly inquire of him
how he came in possession Of that order. and
upon what authority he retained it. 1t is he
cause of this retention in the office Of his asso-
ciate, forty-eght hours after the order was made
and under these exceedingly queer conditions.
that Mr.. Maynard is now enabled 10 claim that
its absence from the clerks Office until alfpast
) o'clock on Monday afternoon kept Judge tuTs-
mans order alive until the next morning and
rendered the clerks transmission of the returns
that night improper
CTR ic defence
allegation that on December Z the Republicans
stipulated that the matters then at Issue as to the
election contests should 90 at once 70 tie Court
of Appeals and that the proceeding ont OF when
this return resulted was not involved In that
stipulation. AS in the case of each OF the other
defences. it is obvious that this Is not
material. and that, whether true or
false it cannot justify Maynard in appro-
priating the return. If it is true, 1t
might possibly have been pcrtinently cited be-
fore the State Board reason why they should
not consider the return. though how s'lpuia-
ton of counsel could stand against positive
mandate of the Court of Appeals or bind ANYBODY
/ but the lawyers who made 1t, Is dlflcnt 10 S'c'
Judge Maynard's claim, however. Is utterly ialse'
Nothing in that stipulation or implied by II iof-
| babe the proceeding before Judge Iarharu' May
nard's claim is expressed in these words AT
time Of the argument before the Court Of Appeals
! i, was not iptimated by any one then before the
court that any attempt would be made tn
send up from DutcheSs County new return. ana
| thereby create a new controversy" Now, the
stimulation was made on December and the pro-
cceding out Of which Judge Barnards ORDER gre"
WIS begun on November 30. In dealing WIN 'he
Duchess County case the Republicans took TWO
courses and made two motions both on tae S sumo
dav and before both Judge Edwards OF Troy
! They went 10 him because they feit uhocr we
| necessity Of seeking the intervention OIL Iu"Ic
| whose Jurisdiction included the Guy oil Aioan1
where the State Board met ihey ilaue ,e WV
| allegations One that the Mylod cer'Ii'iF
was invalid in form: the other that 1t was ldI@e
in fact And Judge Edwards order, cominhhuin:
! the State Board OF CanvaSseIs to sh0" Gus q.
! Hudson on December why peremb'"iy wiz
should not issue requiring them 10 refrain from
receiving or acting upon the Myiod ceT'nG"'c'
recited as the ground oil It's mandamus TIC iolIo"-
ing: Whereas proceedings are 70" pcnIiI ,- :"
! this court for the correction or the errors cDin
mitted by the said Board OF Dutchess county
Canvassers in their canvass OF the Nole G"S. r "S
said election in Dutchcss County Tor sald once
of Senator and to require them TO make anu cri'
| tifv and depOst with the County Clerk OF Du'oii'
ess County true and correct statement ana ne,
| termination of the result Of SAID election III saId
county in place Of said alleged pfetchd'o anu
erroneous statement and determination.
| These proceedings, thus referred TO IN ,hc rn-
porary mandamus. were sent by Judge EuWar'S
|
| cided by him on December >, 1891, while the
main proceeding was being argued before Judge
! Edwards a, Hudson On December 2. when the
State Board Of Canvassers hrst met, thrN W.T.
! solicited 10 enter into stipulation with the Re
uubicans for the progress Of these cases, but teN
refused. Frank Rice loftily declared that thcy
were board Of public olicers WIN a Su', oToaG
| duty TO perform and that they would go ahcaa
! and do their duty as they saw II. ana coula hog
be brought into any stipulation OF awyers enR"S
in furthering partisan and cohniGnhg iII,rIs
| hy nil.
and Judge Barnard both being Democrats ineh'
| be. in his opinion depended upon to Vaca'G me
temporary Inandamus and leave the St4,e bolIu
| free to do rs il chose. But wnen. on i'ccFniprI
| Z botb these Judges, acting independently Oh o,lt
onother. declared that the Republicans were right
and were entitled to the relief they SOUGHT: FRANK
! terms Isaac H. Maynard was personally p,,ee3
ont AZ the hearing at Hudson before, Judge I'd
wards and he present when. OF ,hat heh t ~,
| in open court William \. sutherland ono OIL t.e
| RennbIican counsel opened telegram from
| Ponqhkeepsie and read the announcement oh"'
Judge Barnard had granted pcImahenn, . III III
| damus recurring q new return from Du.cHefT
| Comfy 10 be made on the ground that IDe NHIov
| certificate was false and fraudulent lnis' we ~
well borne in mind was on December .. ne'I In
any stipulation whatever had been maze any m, W.
| fore Judge Edwards had made his order. NAV
order. indeed. was not made until Deceinper ..
| n reonired writ Of pcremptorv mandamus 10
| ;eeue commanding the State Board OF 'ahVhsSe'S
that they make certificate Of election 10 we
office of Senator in the XVIII District, dlsreThra,
Wyrod and that they declare that person
to have been elected who shall be Of S Hotss
| cot accor6ino 10 the certified returns and state
men.S made by the boards of canyaSSrrs Of the
counties of Columbia. Putnam ana Dn,cn Nf the
| pp.rr+ H. was after this order had been maze
and entered that the stipulation was written, ana
the stipulation was written. as these tac'H PioN''
long snbSeauent TO the institution OF al Iilr pro
| cecdings from which at any time the Repupilcahs
songht relief For Judge MAYNARD now 10 pretend
that at the time Of this stipulation ne diu nov ".
| lrow If the proceedings before Judge Barnard 10
| sonnre n nov. return or that the stipulation WAS
po, made in full view Of those procpcdihge, LOT
him 10 call them new 10 sneak OF them as miro
| ducinr a new controversy" or Tor MN 10 Pi'11
| tend that the false and fraudulent character oI
| the Mvod certificate was not plain issue Deinro
lie Cnurt Anpcals Is palPablY lase nnu TLsILcu