New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-10-16
PRICE THREE CENTS.
GOV. FLOWER IN ERROR
CONTROTERTED BY DATES.
HIS LIMPING DEFENCE OF HIS APPOINTMENT
OF MAYNARD TO THE BENCH.
THE THEFT OF THE DUTCHEss COUNTY RETURNS
UNKNOWN TO THE COURT OF APPEALS
JUDGES WHEN THEY APPROVED THE
sELECTION-HILL ALREADY sENA-
TOR WHEN THE BAR ASsOCIA-
yRoM THE REGULAR CORRESPONDENT THE TRIBUNAL


TIoN REPORT WAS MADE.
oRoM THE REGULAR CORRESPONDENT THE TRIBUNAL
Albany, Oct. 15.-Governor Flower has come
to the aid of Isaac II. Maynard by asserting
that certain judges not named, Of the Court OF
Appeals favored his appointment as a Judge Of
that Court and thus seeks to create an impress
sion in the public mind that Maynard's theft
Of the Duchess County election returns was
known to the members Of that court, and that
yet they desired his appointment as one OF
their number. Mr.. Flower says in newspaper
interview with him printed by "The New-York
Sum- to-day:
Now regarding my appointment OF Judge
Maynard. 1 attended the funeral OF Judge
Ruger at Syracuse and was on my way back
to Albany. Up to that time nobody had men,
toned Judge Maynard's name to me as cam
didate for the office On the train saw Judge
O'Brien, and in the course Of half an hours
conversation he said that Mr.. Maynard had
had very great experience in the office Of
Deputy Attorney General. He was an able
lawyer a Christian gentleman and an honest
man. the Judge said and he said that could
not do better than to appoint him to the place
made vacant by the death of Judge Ruger.
Between that time and the next morning I
talked with nearly all the Judges Of the Court
of Appeals and they all thought that Mr.. May
nard would make splendid appointment. The
following morning l announced the appoint
ment. 1t was not made at the suggestion OF
Senator Hill. 1t was made because l believed
Judge Maynard to be an honest gentleman ana
an able lawyer"
Mr.. Flower clearly seeks to put forth the inn
preston that the honorable judges Of the Court
Of Appeals. with full knowledge OF Mr. May
nard's action in stealing the election returns
of Duchess County. consented to his appoint
ment Thus. Mr.. Flower would besmirch the
entire Court Of Appeals in his desire to elect
Maynard. But. a matter Of fact, Charles
Andrews Robert Earl. Francis w. Finch, John
Clinton Gray Denis OBrien end Rufus w.
Peckham, the Judges Of the Court CT Appeals.
had no knowledge of the theft Of the Duchess
County election returns by Maynard at the
time Of his appointment as member OF that
court. little statement Of dates will disclose
this fact.
Chief Judge Ruger died on January H. 1892.
and five days later on January l9, 1872, Gov
ernor Flower appointed Judge Earl as Judge
Ruger's successor and Isaac II. Maynard to
fill Earrs vacant chair. 1t was not until Feb
ruary l. 1892, or nearly fortnight later that
George Bliss elected from Josiah Allen Con-
troller Wemples messenger. the startling state
ment that it was Isaac II. Maynard who stole
the election returns of Dutchess County from
the Controllers office on December ~, 1881.
This was the first time that the other judges
of the Court had any knowledge or
Maynards guilt Judge Maynard excused
himself from attending the inquiry which Mr..
Bliss was conducting before Ex-Judge Larned. on
the plea that he was attending consultation
OF the Court of Appeals. The judges OF that
court not having any knowledge of Maynards
theft Of course did not bring 1t to the atten-
ton of the Governor when he expressed his
intention OF appointing Maynard.
Governor Flower also makes another biunder
in his interview in THE Sun" He says:
THE origin of the objections or these men
in the Bar Association, Mr.. Coudert, MIR. Garter,
Mr. Hornblower. Peckham and the rest, was
an opposition Senator Hill. They did NOT
like Senator Hill. and they did not want him
ever to succeed in getting into the United States
Senate Because the getting of the state Leg.
islature resulted in his election to the United
States Senate they were angry, and they
want to punish the man who was responsible
for recovering the stolen goods, making Demo-
cratic success possible.
Mr. Flowers theory is smashed all to atoms
by the statement that David T. Hill was elected
a United States Senator on January Il. lSSl-
nearly year before Isaac H. Maynard stole
tn. election returns of Duchess County, or
was appointed Judge.