New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-03-10
THE FACTS NINA WARDS CASE
A PLAIN RECITAL OF WHAT HAS BEEN
PROVED.


with the abstraction from Controlle" Wemples Of
flee of the corrected election returns from Dutchess
County on the morning of December %, 1901. Not
only in the action they took but in the way they
took it the Association deserves great credit Efforts
were made as everybody knew they would be- to cre-
ate The impression that the resolution was partisan
proceeding instigatel by Republicans to strike at
q, man who had been especially active and success
ftll in crcumventng their electoral schemes his
SORT of talk lad no effect upon the members OF the
Bar Association Tic resolution was offered Dy a
leader of the Bar especially distinguished for his
Independence of party ties IL was seconded Dy a
Democrat and almost all the speeches in its favor
were made by Democrats. AS citizens and lawyers
they looked directly at the shame and reproach
which had been cast upon the administration OF
justice by the elevation OF Maynard to tne Court
OF Appeals and their action exhibited them as men
OF courage and honor.
The only speech in defence of Maynard's conduct
that even approached the dignity Of an argument
was made BY Mr. Delos McCurdy, who was asso-
ciatcd with Maynard counsel for the State Board
of Canvassers. We regret TO say that Mr.. Nc
Curdys statements Of facts were in important re-
spects at sharp variance with the evidence brought
out in the courts We trust that Mr.. McCurdy
did not intend to create false Impressions but what
said, for instance, that the Duchess returns were
mailed by County Clerk Emans at an hour subse-
quent to the granting of Judge Ingrahams stay.
lie said what was positively not true That the
members of the Bar Association, well as the
public may have a clear strictly accurate and alb
soutely impartial statement Of what was done in
the matter of these returns it may be well to recte
in their order the essential facts.
On November 90 the Dutchess County Board OF
CanvassorS us Democrats, Republicans adopted
certificate of the votes cast for the office of Sem
ator in that county giving Osborne the
Democratic candidate, 1s4 majority over
Desne, Republican, thereby electing Osborne by a
majority in the district Of IA. The certificate was
Immediately forwarded to Albany This was the
'o-called Mylod return. On December Judge
barnard made mandamus order directing the
canvassers TO correct their certificate so that it
should give Osborne only % majority in Dutchess.
which was according to the face Of the inspectors
returns The Board Immediately met and obeyed
Judge Barnard's order. On December IL argu.
ment was held before the Judge on Osborne's re-
lation for writ 10 compel the Board TO canvass
again and TO declare the result reached in their
first certificate. This application brought before
the court for decision on their merits the alleged
facts on which the Board had acted in ADOPTING
the Mylod return. The Court had already de.
cided that the canvcssers could not voluntarily
declare any other result than that reached by cor.
rect- adding the figures supplied by the polling
inspectors. 1t now decided that no ground ex-
iSed for impeaching those figures that they wero
correct in form and fact and that the return mus$
go forward as decreed on December o.
Numerous stays were obtained by the Demo.
Gratis on this order of Judge Barnard's 1t was
m hv fho To
ever, and on December 10 Judge Cullen vacated
the then restraining stay and ordered County
Clerk Emans 10 send the corrected returns i'm
mediately To Albany. This order was delivered
to W. II. Wood. counsel for the County Board Of
Canvassers, who throughout the proceedings had
been acting in collision with Maynard and Delos.
McCurdy, Osborne's counsel. Wood took the or.
der TO Poughkeepsie. held it for two days, and
finally delivered IL, not to the County Clerk bun
TO James w. Hinckley, the local Democrat tic boss
Of Dutchess County. Hinckley brought it down.
10 New-iork, and il was found IN the afternoon
of December 81 in Deos McCurEs Office. cir.
cumstance which Mr.. McCurdy has never satislac-
torily explained: but at twenty minutes of i
o'clock that afternoon the order was filed in
hmanss Office and fifteen minutes later be mailed
the corrected returns to Albany in compliance
herewith.
After the order had been recovered from Mr..
McCurdy, that gentleman went before judges
Ingraham and asked for stay. The Judge was
just about TO 90 home, and he took with him
papers, promising TO read them over,
and to dispose of the application by 6 o'clock at
which time Mr. McCurdy might stop at tia
Judges house for his answer. lie was there,
promptly, and found a stay awaiting him. He
communicated by telephone with IIinckley at
and sent the stay up on the next
train. Judge Cullen in his decision on the con-
tempt proceedings against Emans says Of this
order that NJ the time of mailing the returns
hc Clerk did not know of the order Of Mr.. Justice
Ingraham is clear both from the testimony Of
Mr.. Lown and the affidavit of Emans himself.
The effect of that order was merely TO stay fur
her proceedings upon the part OF the Clerk. 1t
lid not require him to take affirmative action TO
undo what had been done or justify him in taking
such action However. late that night Emans
vas aroused from his bed in the Nelson House.
md. by Hinckley's orders. sent to Albany
10 recover the returns.
This is the proceeding which Mr.. McCurdy has
the audacty to defend in the face of Judge Cul-
ems decision and of the obvious fact that Judge
ngrahams order was void from the moment 1t
was made since that which il undertook 10 pre-
'ent had already been done. Emans reached
\. bany at about o'clock on the morning OF De-
cmbcr -. lie went Immediately 10 Governor
ILLS house and Hill. according 10 the evidence.
old him to see Maynard and be guided by his
Jews Emans says that Maynard told him TO
,et the returns back. Accordingly lie went 10
he Governors Office. took the return from Hills
cS and carried it away with him, nobody being
n attendance there but Office boy who inter-
,oscd no objection. lie then went to the office
# Frank Rice, Secretary of State Rice himself
vas present and tcstiiies that he allowed Emans
o take the return and go away with H. IL Is
Important TO record here Judge Cullen's subse-
ucnt decision that 4" it would seem lmpos-
lille 10 distinguish between the legal
tatus Of that return and that Of the return OF