The sun., 1893-10-31
WHAT JUDGE MAYNARD DID.
4 PLAIN STA TEMENT FROM HIs As
soCTA1E, MN. MCURDE

| a PLAIN S1h1h"hNA EhOAH a1eS nv
sOCIA1E, mn. MCUHDT.
| The Deputy Attorpey-Generai Represented
| the COMPTROLLER in ssivipg Back to Clerk
En.ns the Dutche-. County Fraudulent
| Election Return thnt Judge Ingraham
Had Forbidden Emnns TO Forward at All.
| In their efforts to defeat Judge Maynard the
! Republican manipulators have overplayed
| their hands. They are sending out printed
circulars to voters in the State without regard
to the fact that there are records and decisions
OF the highest court In the State which settle
| beyond question the legal questions raised
concerning the Senatorial contests in the FIJI
teenth. Sixteenth. Twenty nth. and Twenty
seventh Senate districts. following the election
In 1891.
Mr.. Deos McCurdy. who was associated with
Judge Maynard as counsel for the state Board
OF Canvassers. furnishes the following state
IN ont concerning the only point OF attack made
against Judge Maynard-that is. his alleged
withdrawal OF returns from Dutchess county.
fled with Comptroller Edward Wemple:
There can be no doubt that Judge Maynard
acted with the highest regard for justice and
In accord with the lateat legal decision In the
case ut that time. Without entering into the
details OF the case. we find Judge Maynard
charged with abstracting a return which was
fled in violation OF an injunction known to the
clerk Of the Dutchess County Board OF Can
vassers at the time OF the mailing OF the re-
turn. When the clerk was satisfied. q few
hours later. that tho order had been issued.
he did what any honest man would have done.
he endeavored to rectify his error and In this
mission secured the assistance OF Isaac II.
Maynard. deputy Attorney General. 1t is well
to bear this distinction in mind for Isaac II.
Maynard. Judge Of the Court OF Appeals. has
not been impenched by the few lawyers who
call them elves repres esentatives OF the Bar As
sociation OF the City OF New York.
" 1t must be borne in mind that the only
phase OF the situation now discussed is the ac-
tion OF Mr.. Storm Emnns. tha clerk Of the
Duchess County Board of Canvassers. and the
consequent action Of Deputy Attorney General
Maynard. MIR. Emans. under threats and bull
doing methods nailed q fake and fraudulent
return OF an election in Duchess county. That
this was false and fraudulent was determined
by decision later from Justice Pratt. Judge
Ingraham Issued an order restraining Mr..
Emans from filing this return. but Mr..
Emans before receiving the order had for
warded the return to tho Secretary OF
state. the Comptroller. and the Governor.
constituting the State Board OF Canvassers.
Mr.. Emans forwarded this return upon an or
der from Judge Cullen. but ho knew that a
day. Dec H. is Mr. r0 mailea aHaS the h 'e re
Emans in his sworn statemen says that he
knew OF the order from Judge lngraham be;
or 1n9 .he Hna Was en
dozed into the act. notwithstanding his knowl-
edge that an order was on the way to stay this
"On the following morning. Mr.. Emans went
to Albany to rectiiy this error. knowing that
new return He went to the offices OF the Sec
Irstary Of state and the Governor r and secured
OF Canvassers. The Comptroller, the third
y Of s
nard Went to tie comptrollsr's ONCE
she ms wheS S,k retarn &
question. The Judge asked II there was
said
bly, letter sent by the County Clerk. who was
HIP sns tod bs Sase
MAYNARD Ma 4 that a. the letter would b be returned to
been sent to other members Of the Board Of
mar nard,s action in the matter He not only did
troiier. :. who w was absent. but acted with the
final order restraining the clerk OF the
Duchess County Board OF Canyassers from
filing the return.
Then again. there is no color OF law for the
action Of the clerk in obeyinG what was AL
legged to be an order from Judge Cullen requir-
ing him to send the return forthwith. This
order was issued by Judge Cullen. but could
not be held to be in force until it was filed and
entered in the County Clerks Office at Pough-
keePsie. According to law the Clerks office
in the afternoon. An effort was made
to file this order at 5;45 o'clock on
the argument that. the order was then in
operation that the clerk WAS Induced to mall
the return to Albany On the other hand. the
clerk Was bound to obey the Injunction order
granted by Judge Ingraham. II he was informed
that the order was granted and about to lie
served upon him. Judge Ingraham's order
was an er-pGrte chambers order and did not
require entry. Judge Maynard. in assistIng
the clerk to do his duty. carried out the full
effect Of the law as 1t was then in force For
this he Is entitled to the thanks OF all law
abiding people"