New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-02-11
THE CONSPIRACY SHOWN.
STORM EMANS'S CONTEMPT CASE.
SENATOR HILL AVOIDS TESIIFfING-EAAM'NA y

County Clerk Of Duchess County, for failure 10 oo'S
the order Of the supreme Court ana lor"au 'no
corrected DutcbesS County returns TO AiDaiy' were
closed before Justice Cullen in Brooklyn yesterday
Colonel Blss has shown in clear outline the con
spracy involving local bosses, local oihcia'', h's"
Stale Officers members of the state Eohu ~ YAH
va.,ers the Governor. a man who now DE-
cupies seat in the highest court oi uo 7''' "
ur.vcut The honest count Of the vote fR senator III
DutcIess County. What becomes Of storm hih'hs Is
Of little importance beside reaching the t1'ts about
the way in which the infamou, scheme was carried
out and Yesterdays proceedings still further cApoNea
the hand Of the Democratic machine In II all!
Isaac IL. Maynard. Judge OF the Con" Oh Ap-
peaIs has 80 b ar greater share Of the oium lie
has a. many roles actires ~ country uouPc'
lie appears AS Deputy Attorney GENERAL A. COUNSEL Ioi
storm EmapS. counsel Tor the meh'oer' VI "o
state Board of CAM ,ers individually ana coic'uVeN
As counsel of the Democratic party III @ls A''7u"-"
Of Tie boss Of Duchess County and finally rs the
OF the stolen returns. TO him. as it appeared
Yesterday Mr. Hin his tool for ADVICE lie was
the central pivot Of the whole scheme 49,
senator Hill wa, in Brooklyn yesterday BIT ne ala
NOT take the stand. Instead. lie begged OF on The
plea Of an engagement, and asked Colonel Bliss 10
,avor him. lie was willing TO tell all he Knew
but did not want spend the time to go on me slanu'
and Colonel Bliss who had practically learned all that
lie cared TO know agreed TO this
The examination showed that James W. llInckley
engineered the recapuc Of the corrected returns, That
they were forwarded under pressure OF Eepubh'a'
but by the advice Of EmanS's own counsel That EmaiS
was Albany, that the leaders there were com
municated with that lie saw Governor Hll the DrN'
thing that he to Judge Maynard tlai WIN
the Judges help he got the returns and that "a =
result the scat Gilbert \. Desne Wan stolen
whether Emans was technically guilty Of contempt
was left for Justice CuenS decision. That tIere iHd
been an unrghteous conspiracy was made pial' al"
Colonel Bliss avs is satisfied with the result what
ever the court may decide
When the case was called yesterday morning. Coohel
Georgs Bliss and Charles F. CO>Sum appeared III oe-
half Of the motion 10 punish. storm Emans was ac-
COMMANDED by c. Il. 1lerriCk. Frank b. Lo"h' DEUS
McCurdy and James w. Ridgway. senator I'M olo
not appear and the case was delayed lie De"o
cratic attorneys after time adjourned TO Dl'tilct
Attorney Rdgway's Office. where the oehai" hhaiS up
neared lie did not wish TO testify ana 'oiohei
HIlss Was sent for He went down salts ana was
asked 10 take the senator's statement This was
agreed to.
Finally Colonel Bliss entered the courtroom again
ard said. d. An Arrangement has been made for the
admission by both sides Of such facts Us we ue>ic W
20 on tho record senator Hill was here o"' IL WIS
anxious TO 90 away 10 keep another appointment 80
he told us downstairs all that lie had to say abou' Inc
subject. 1 Will repeat the substance oil Ms S'"'e
ments with consent Of The other side ana iheS eau
20 OH the record
sto n, Fmsn. went TO Governor lnls house in Albany
and told him that under Order of The court he hHd
forwarded the election returns. Al the uie vi seo
ing the returns he knew Of another order oil the court
made In New York TO hold the returns. but lad ho'
seen H. lie came Tier. 10 about IT, Governor
Hi told him to see peputy NuoIney-Geneai MaShaid'
who WAS the counsel for the Board Of Canvas>erS
and TO take his advice. Tile Governor knew nothing
fur her about the until M. when he went 10
the Executive Chamber. where tn" young mesSenGe''
william J. Lamboln. told him that nc had gwen an
envelope TO Enans. Gamborn told the Governor OF
in nd
right" 1900
Mr.. McCurdy inerpo~ed the remark that senator a'i
had said such plOcce:,o on tie pat o messenger
was not unusual and this statement. also went onto
the record.
Colonel Bliss then called storm Emans TO The stane
Then followed a long >eries Of technical objections 10
the proceedings every possible ground IL was eV
dent that Emans'> counsel did not mean TO nave MN
testify if they could help it,
Mr. IIenick moved 10 dismiss the case. on the ground
that the afdavits on which the proceedings were begun
wee signed by Fed :. Lyhe commissioner OF dec1S
entitled 10 acknowledge papers in only the CITY oil
Poughasepe while the caption OF the papers bore inc
name Duchess County," and did not show that they
were made ont in FOughkeepSie Neither on the FACE
nor BY venue did the AFFIDAVIT show that it was
taken in a place where Iyke entitled to ac;.
Mr. Co,,um answered that the defendant lived in
Poughkeepse and that he could state fact that The
affidavit taken there.
That ha, no bearing on the defect in the AFFIDAVIT"
said Mr.. Ier!ich.
Justice Cullen sail that h" thought the objection not
vel founded bat he would consider the question raised
before he made final decision
Mr. McCurlv NEXT attempted 10 have the case dir
missed on ground that The court could not punish
EGans for contempt. becaue the order winch requiem
affirmative action was, he said. not personally served
upon him. but only filed ia hi, Office. Justice Cullen
thought that point involved The merits of the ca'e ana
valid should have been raised at The beginning Or
left until all The te,timony in.
fg,l turn and
Emans being sworn on the ground that he could not
be compelled to testify against himself Colonel Bliss
held that he could ~ in contempt case nnder Inc
practice which prevailed under the revised saiu'e
Enians made a fac AFFIDAVIT. SAYING that u" got
the returns from the messengers in the state Offices.
while il had been shown that h. got set Of returns
from secretary Of state Rice After making these state
ments voluntarily. IL could rot decline 10 testify ~
making the affidavit he waived III right
Mr. Ridgway held mat the affidavit only for the
purpose Of Joining issue al! Wa simply Em1n~'s an
swer ID defendant Colonel Bis, answered that it
was not merely plea. bu that the twO ahdsvitS Of
Einans went into detail t. his actions but up
pressed other fact, such his taking the advice Of
counsel in sending of the returns. His statements
stood against those Of the prosecution, and would Dc
weighed by the court. lie could refuse n,wer
further and show which statement true. Justice
Cullen laid that lac not willing compel Enans
TO testify. If Colonel Bliss insisted he would 90
home and examine the aHthoritic, and decide. If he
made him ,tify without right the could not be
Corrected while if Emne refused 20 ard tell hi,
story IN court he must take his chances IS % his
affidavit, having credit Colonel Bis, said he would
not ask for delay insist on decision. and called
James W. Ilinckcy. the proprietor Of The POUCH
kcepSie News Pres and Democratic boss " Of
DuchcSs County. lie testified that he Elnans on
December IL after The order Of Justice Cullen had been
received and twice IN tie evening IAey talked about
forwarding the returns.
What wa, said - asked Colonel Bliss.
&. 1 told him 10 take NE advice Of coursel.n
"Who2"
MIR. Town.
Did you him again -
"Yes. in the evening
Did you talk about the rcturns'7
AYES, lie told be had forwarded Them