New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-01-05


court below the result ha, proved that those who so
reasoned uudercstmaed alike the temerity oi INC
principal beneficiary Of the intended fraud and tie SUD
servicncy of his dependents and followers
The returns Of the inspectors of election in Columbia
Putnam and Duchess counties show that Mr. Deane re
ceived in the counties Of Columbia and Putnam piu
ralty Of 40 votes and that Mr.. Osborne, the Demo-
cratic candidate received in Dutchess County plurality
OF nnctytwo votes maidng Mr.. Deane'S plurality III
the district seventy eight.
These returns in Putnam and Columbia counties were
SO canvassed and have never been objected to.
THE RETURNS FALsIFFD.
The Dutchess County Board Of Canvassers was com
posed OF eighteen Democrats and eight Republicans
This board fa-hed the returns of Duchess County by
adding To Mr. Osbone's plurality ninety-two votes
making hi, apparent plurality in Duchess County 1o4
and in the district fourteen.
In one district they threw out eighteen votes re
turned by the ns spectors as cast for Mr.. Deanc. which
were claimed to be marked for Identification, although
the statute expressly provides that they should be
counted.
In another district Mr. Deane had 131 votes and
Mr.. Osborne had III. The board transposed these
votes and counted them 13l for Osborne and IL for
Dcane, making n difference in the result OF twenty
eight In another district the inspectors of election
two OF whom W re Democrats. have made affidavit
that while tho election proceeding they noticed that
portion of the official ballots distributed by them IN
discriminatory to the voters they came TO tn polls
show printers quad mark thc impression OF hlanS
piece OF metal used in typ setting to separate the type
which had slipped out of place in printing the tickets.
In this election district siXtytwO votes we're cast
for Mr.. u anc, including thrty-one on the Iuad-
marked ballots these ballots were never challenged
As marked for Identification, they were not
marked for Identification, they could not have
been marked for id'ntihcatlon shown by the aii-
davs Of the inspectors of election who received them
They were cast for Mr. Dcane they were counted for
him without objection, and they were lawfully re-
turned to the Board Of County Canvass,r by the IN
spectors OF election as so cast; the
County Canvassers arbitrarily deducted thIry-one OF
these Official ballots from Mr. Dcanes vote ana can
vasSed them " void and OF no effect"
Ohe, equally fagrnnt wrongs were done, but these
suffice for illustrations.
THE FRAUpULENT NYLOD RETURN.
These false statements were incorporated in what
has become known the "hylod crtlhcate'" Inc
County Clerk acting as secretary Of the board, kept
the canvas, Of the votes as proceeded and entered t'
votes a, canva,cd upon the table required by law to
be pit.
The fraudulent changes not entered In this
table but we're concealed until the close of the canvass
committee appointed to make hnai statement
~ the result Friday, November II, with INSTRUCTIONS
to report on Monday. November "a, and the Board ad
journed. on Monday morning, at the opening Of the
session. without hearing any report Of the committee,
the Mvod certhcate.' which had been surreptltiousy
prepared during the recess was, without discussion I'm
med.nely adopted by the Board 1t was put before the
secretary and his instant signature demanded lie
refused sign ii. not as hns been said. because nc
sought to sit In judgment upon the legally OF us
action Of the Board, beeause II did not agree with
the record Of the made by ham by the direction
Of the Board and he asked time 70 compare the mise
stat ement be bidden TO certify a. correct Win
the table. Mylod, member of the Board, was in
santly appointed secretary pro tenn. signed trphcate
copies Of the paper, and hurried them TO Albany Dy
messenger
The Board then adjourned without delay. For re
nl,pg 10 certify rs correct record which ne knew
m bo uutrue the County Clerk was summarlly removed
from onicc by Governor Hill. This is explained be-
cause a sham issue has been pelsstenty made Oh uhs
point. II is Of little importance whether the MyiOd
ccricatc7 sufficiently authenticated Or not tho
vital question Is whether it was true or false. IL WIS
false II has been adludlcated Ihere Is no
lawful evidence in tho that any vote cast Tor
Nr Deaue I'm Duchess County was invalid, but II IL
tevoud controversy that il every ballot a. TO which
can bc or has been claimed that fl was marked Tor
identhcatlon and therefore void, were deducted from
Mr.. Dcane's vote he woult sdll lave been elected.
LAW AND DFCENCY DETED.
The Supreme Court reconvened the Board OF county
Canvassers and required them by nAhdiihus 10 co'
rect their erroneou, canvass and meantime forbade the
state CanvasserS TO act upon the MNlod crrtlH'ac'
The corrections were made required by the wilt'
and the true returns. showing Mr. Deane's elec'ioh
filed in the Office Of the County Clerk and the MyIod
certificate WAS thereby destroyed. the statute pr0Vd
ing that the corrected returns made by order ot the
court hall in all places. be substituted for the eftou'
Gus one. From that time until now the ef0H ot toy
crnor Hill and his followers has been 10 keep the true
returns from the Board of state CanyasScIS. y new
County Clerk has been appointed
Iii, duty by statute to mail certified copies oi
the corrected statement Of the Board Of County Can
vas ser, the Governor, secretary Of state ana Con
troller. He refused to do 50. lie was repeatedly
ordered 10 do 80 by the supreme Court lie delayed
until stays could be procured from other judges ot
which the managers Of the Dutchess County con
spir,cy were advised by the Governor.
The stays all granted exparte we're in every IN
stance vacated instanter by the judges before whom
the motions were made Finally the County Clerk
compiled with the order Of Mr. Justice Cullen, and on
December II mailed the certified copies TO the Gov
cnor SECRETARY OF state and Controller at Albany
They were mailed at O'Clock In the evening.
After midnight the clerk went to Albany and received
The papers mailed by him from the messengers em-
ploved in the Offices of the Governor, secretary Of
state and Controller who had brought them from the
postoce and who delivered the papers to the clerk
in the respective Offices Of those officials. lie took
the documents back with him to Poughkeep,ie
This all appears from his statement The
County Clerks conduct silly well wicked.
The mailed copies actually received In the ohces
of the State officers to whom they addressed:
how could they have been returned TO him without
their cOnnivance?
The original true return file ia his Office.
and copies OF It, certified by the Clerk, with afdavS
showing the mailing of the other certified copies, were
served on each member Of the Board Of state can
vassers on the 2}d day OF December.
opnrprD I'M nrSpEG,pD THE r,TSr RFTT'DN
Meantime the proceedings pending In the
Court of Appeals. The supreme Court had issued to
The state Board OF Canvassers on December It's writ
Of mandamus commanding them in these words, that
they Issue Il certificate OF election TO the Office Of
senator I'm the XVIII Senatorial District Of this state,
d,rcgardng the sO-called return Of the Board Of
onntv Nanvnssers4o OF the County OF Dutchcss. which