New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-10-16

from Poughkeepsie that Justice Barnard mad
ordered the Board OF County Supervisors 10 re-
convene and recount the vote, and. direct
ing that Mr. Deane's and Mr. Osborne's actual
vote should be stated. This meant that truth
full election return would soon be on lis way
from Duchess County to Albany. Hearing this
news. Maynard said he doubted If The state
Board of Canvasser5 could continue In HE over
FIVE days. Your superior, Attorney-Generai
Tabor" said Justice Edwards. addressing Mr.
Maynard, is not Of that opinion.
This hearing at Hudson finally ended by
Justice Edwards compelling Maynard 10 agree
to take the Myod returns case to the Court OF
Appeals. Upon this same day at Poushkeepsic
as stated, Justice Barnard ordered the beard or
Supervisors of Duchess County to reconvene
and canvass the vote of that county. as 1t was
originally cast. Justice Barnard. in the opin-
ion which he gave in this case, summary put
an end to Maynards theory that the
Board of Supervisors of Duchess County could
cancel Republican ballots cast for Deane at
will. lie said:
A Board of County Canvassers has no power to
refuse to count marked ballots. 1t is true that the
Ballot Reform law declares ballots marked Tor
certain purpose to be void. The duty OF the can
vassers is to ascertain the votes given to the cahd
dates only and the law requires the marked Daiiots
TO be counted and the results OF the votes
declared as IL the ballots were not marked. Ihere
Is a proceeding under which any cahduate may
test the legality Of marked ballot but the county
canvassers cannot find the evil intent which de-
stroys the ballot and then refuse to count IT, Ihere
has, therefore. concededy been an error IN 'he
count for Senator in the XVIII District. The mark
ed ballots IL counted, would elect Mr.. Deane, the
opponent of Mr.. Osborne. II Mr.. Deane were awe
presumably he would apply for WIFI OF i'ai'ua-
mus to correct the mistake. I do not think his
death deprived the people of all remedy. The re-
suit of the mistake remains and the proper count
ia all that is necessary TO reach correct result
The death OF Mr. Deane does not prevent any eiec-
tor from setting the law in motion to correct the
mistake The order staying the state Canvassers
Is right 1t Is incident to the relief sought by the
writ Of mandamus The State Board has return
which does not indicate the result IL IL proper
that the board should hold its hand until the true
record reaches 1t. Motion granted.
The true election returns OF Duchess County
were thus legally upon the way To Albany
when Maynard. the representative Of
the State Board of Canvassers. the succeeding
Monday in Albany signed stipulation with
the Republican counsel. providing for the TAX
ing OF the question Of whether or not the Mylod
returns could be used to the Court OF Appears
for decision. Maynard's friends have ar
gued that this Mylod stipulation smut out
the true election return. But the stipulation
makes no such statement Moreover, the faot
that the Republican lawyers were bathing IN
Poughkeepsic TO get the true return to Albany
showed that they had no thought of ABANDON
ing this return. They were waging TWO bat
ties: one in Albany To prevent the canvassing
Of the false Mylod return. and the other In
Poughkeepsie to get the true return 70 Albany
Before the Court Of Appeals Maynard
dealt in technicalities. and coniendci that INC
MylOd return was Il good one. Upon this
point he said
The sole question here Is whether the STATE Board
OF Canvassers can consider this Myloi certificate
a good one Certainly this Mylod certificate IS m"
best evidence yet before the State Board OF Cans
vassers to the result Of the election
Joseph IT, Choatc. in his reply. referred To the
fact that true election return WAS on It's way
through the courts from Poughkeepsie 10 Al
bany thus I'm advance denying for the iiepub-
leans that the stipulation rested their case
solely upon the Mylod return. In his speech he
said:
II the Court will glance az the stipulaons made
by the state Board Of Cnnvassers and by ourselves
I'm order 10 carry these cages by rapid-transit
methods to this high court il will notice that they
are written in a broad spirit These questions Of
disputed elections not TO be settled by techni-
| caIitcs or appeals To- tcchncalitles They were 10
be decided upon their substantial features. MI
technical defences were waived by hotn parties.
But the counsel OF the State Board OF 'Hnvass'rs
have brought these iecnncdltl"s, aIh III VI"
Of that fact We would warn This Court that courts
below are about 10 send IT other features OF these
cases.
HOW THE ACTUAL STEALING WAS DONE
While the Court Of Appeals was considering
the Myiod certificate. the Republican lawyers
were lighting with all their might To get the
true election returns 10 Albany. After the
Board Of Supervisors OF Dutchess County had
made out corrected return under Justice Bar
nards order stays were repeatedly kfhIl'ei
/ by Justices Fursman and MAJ ham. which gave
the Democratic County Clerk Storm Enais. an
excuse for not forwarding tn returns I"
! Albany. Finally, upon an order from Jusllc'
! Cullen the correct returns Of Duchess County
on Monday night. December y. were mailed
! by County Clerk Emans 10 Albany. ana wei'
duly delivered at the Offices OF Governor hlil'
Of Secretary of State Rice and Of Controller
| Wemple Five hours after mailing these re-
turns ;mans Informed that Justice lngra-
! ham had granted another stay in the matter Of
the returns But the returns were already IN
the possession Of the proper officials AT Albany.
! What should he do? Emans came To Albany,
and acting under the advice OF Maynard, went
| to the Office Of Governor Iiill and there asked
for the election returns. william J. Iamborn.
| the Governors messenger boy, surrendered
| them. Secretary OF STATE I'i,c az ne arr
ward acknow edged before Justice Cullen. him
self surrendered them into County Clerk
| Emans's hands.
But MAYNARD himself stole the Duchess
County election returns out OF the office of Con-
trolcr Wemple Two months later Josiah Allen
| the Controllers messenger. gave testimony be-
| fore cx-Judgc Larncd In reply 10 diicstions al
dressed To him by George Bliss. the Republic
can counsel. which clearly revealed that May
! nard was the thief.
MIR Bliss said To- Allen: "Havc you any knowl
| edge of any letters official letters received al
! tho Controllers department being delivered Il
! any one outside the Office. or being delivered III
the Office TO anybody not connected with tho
/ Office"
There might he a letter delivered to some
body" replied Mr.. Allen, that had been di-
rcctcd wrong't
! Il mean an official Litter. dire ted To th'
| Controller in December last. Insisted Mr.
| Bliss
II did give letter to man. but ID
not remember what the day WAS in December.
replied Allen.
''po YOU know who the man was?
"The man had been pointed out To me 4
be judge Isaac n. Maynard" replied Allen.
How tame yor io deliver letter to him.!
lie said IL hal been directed wt rG.
"A letter addressed To the Controllers
YES sir
mn G,.I