New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-01-30
AFTER THE SENATE THIEVES
SEEKING 70 CALL TO ACCOUNT THE STATE
GOARD OF CANvASSERS OF 1891.
JUDGE BARNARD APPLIED TO FOR Az ORDER
REQtIRING THEM TO SHOW CAUSE WHY
THEY SHOULD NOT DE PUNISHED FOR
CONTEMPT IN THE DuTCHESs
COUNTY CAsF-sOME INTER
ESTING AFFIDAVITS.

COUNTY CASE-SOME INTER
ESTING AFFIDAvIrS.
Albany. Jan. 29.-John Brooks Lcavtt, we'll
known Democratic lawyer Of Ncw-Y)rl city, APP
peared yesterday before Judge Barnard, Of the
Supreme Court at Poughkeepsie and applied 10
him for an order compelling the various members
of the State Board OF Canvassers OF 1891 Frank
Rice, John Rogart. Edward Wcmple, Elliot Dan
forth and Charles F. Tabor. TO appear before him
and show cause why they should not bc punished
for contempt Of court in not obeying the decision
Of the Court OF Appeals affirming the orders of
judges Edwards and Barnard that they should
canvass the legal election return from Dutchcss
County, showing the election Of Gilbert A. Dcane
Republican, as Senator and should not canvass
the fraudulent "Mylod return falsely declaring
that Edward B. Osborne was elected Senator.
Judge Barnard took the papers in the application
and reserved his decision upon it unit. tomorrow
or Tuesday
When the State Board Of Canvassers Of S9l
committed tho final act in tho series of crimes
which led M TO the theft Of the Senate ana
Of the Legislature by the Democratlc party
under the management Of David Hill, the men
who carried out the instructions OF the arcl-con-
spirator were led to believe that they would be
entirely free from any legal responsibility, AMI
that no legal punishment could follow their re-
fusal 10 obey tie order Of TIE Court of Appe 10
forbidding their counting the notorious Myl1u
return
The Secretary OF State. Frank Rice. who was
one Of the most plant OF the tools upon WHphl
Hill and his associates in the crime d"pcndeh,
las always imagined that all he had to suhFr
was the contempt Of lis fellow men for the part
that he took in the theft, but there Is a posi-
biiity that he may eventually find himself in n
,...il l,ox., ,I.ptv r "A
opportunity TO thinl, over the causes that brought
him TO that position The other members OF
that Board-Edward Wempe, then the Control
Ter; John Bogart at that time closing mp in tins
disgraccfu fashion an honorable career as state
Engineer and Surveyor; Charles +, Tabor, e\-
Attorney General, and State Treasurer Danforth-
also may he called upon to rchearse the doing'
Of that evening on which they laid themselves
omen 10 prosecution for contempt Of court In
failing to abide by the decision OF tno court Oi
Appeal. and Of the Srprcmc Court when thcy
voted not 10 count what they knew TO be
legal and correct return Of the votes that were
cast for Senator in DutchcS County.
Governor Hill is not now on hand 10 issue par
doning papers 10 criminals the instant they arc
convicted and sentenced and, although Isaac H.
MAYNARD is on the bench o the highest court IN IN"
Stat" vet he may have remaining sufficient amount
of sclfrcspcct to allow matters 10 tax" their own
cour-., and not attempt to influence hls associates
on the Court Of Appeals bench or the judges OF the
lower courts in favor Of the State Board OF Can
va.scr, should the law attempt 10 punish them
for the crime that they committed, although lie
| was a co-conspirator with them
| An effort il To he made 10 secure the punish
mcnt Of the men who as State officers, sworn on
their oaihs 10 do their duty, boldly deied the
all tbc nj
Of Appeals when they refused 10 count tho true
| and legal copy of the election returns that came
from Dnrchcss County in the winter of 1891.
| Mr. Lnavitt has been at work for som" tim" coy
Letting afiidavits from thos" who were familiar
with the history Of the proceedings leading up To
The final act which changed the political
| complexion of the senate with the view of mov-
! ing against the members Of the State Board OF
| CanVaSscrs for failing to obey th" order ol VI"
court The aliidavits that h" has collected, upon
which TO bring the action against the coisplratorS
are those Of Colonel George Bliss, of N"w-iork' :
| William \. Sutherland. of Rochester; Judge tady,
of Hudson: Robert f. Wilkinson. of rougkcpSie
the Republican attorney; Frederick H. Smith, oi
Albany who served the copies Of the correct re-
turns upon Frank Rice and the other members oi
the STATE Barr of CanvaS-eIs, and Charles IL.
WinsOw, newspaper correspondent. WHO was
present at the meeting Of the state Hoard OF can
vaes,rs on the evening Of December 30, 1891, when
the fraudulent n'turn was canvassed by the board
| TLcs. anidayits are interesting reading. Judge
Cady described in his AFFIDAVIT: something OF IN"
exciting scene tIia: was witnessed when he
| questioned the members OF the board as 10 'hc
reasons why they had refused TO canvass the
legal return His affidavit makes it plain that
| the members Of the board knew exactly what
they were doing. for he tells also OF the secret
| meeting Of the board that was held, win lslac
| H. MAYNARD i'm attend1rcc, inst before the open
meeting Of the board. showing that everything
| that was ,lnre was the outcome OF II pfcairahS"I
plan Of action. He also describes an interesting
conversation that took place between j. N'"'oh
Ficro the attorney for the Senate thieves ann
Robert f. Wilkinson, when Mr. Fi"ro told MIR.
Wilkinson that the legal return for DutehcSS
| County would be canva>sed. All th'>o "'h"'' i''
show that the members of the state bodr" VI
Canvas.,rs knew exactly what they were ioihS
when they di,rcgarded the decision of me 'our'
- Anno,ls and c,nvasscd what they knew was
| an illegal return
With these .lldavit, Mr. LHvitt appeared
| t.r. I,d,o D,rnard Yesterday and asked for an
order compelling the members oil ''e p"''u ="
s,,o,, o,u.n why they should not hc puhiSled
| g, cont.mnt Of court. Mr.. Lcavitt argued th''
| ,L Stat, Roard of Canyasscrs dill drly the ofd'r
| -. .ho c,urt when they refused To obey It's oi"c''
and c,nvossed the "Mylod roturn Judge h'i-
no,1 listened attcntivcly to what the lawyer
had to saw but aecidcd that he would hot n''Nc
- ,oi.ior then lie therefore took the papers
"' ,ho cas. and announced that lie would hahd
down his decision early tins wees
Nr Icavitt thought to keep the acfon t''a' nc
,.,,h, , secret until after Judge Barnard
InrId have made his decision. Out III Sohl' way
80 other the facts leaked out here to-niSht. lie
Iy,. afraid tha, some OF the members oI the Board
na;aht attempt to escape service of til" papers
~ ,lor, Shoull JUDGE Barnard act with a.
n,uch fairness as he showed during The time when
an attempt WAS made to get him to disregard 'ne
,r,o elocIiou returns, in 1891. there Is httie
| -. A.. L. Will issn. the order: and thcn the