New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-08-20
HILL IS CULLEN'S FOE.
NAY HAZE TO NAME HIN.
Justice Nearly T'hzcarted the THEFT
of the Legislature.


stanchfeld. and, in fact, all the Hill mon are
against the nomination OF Justices Edgar NJ
Cullen Democrat, and William e. Werner. Re
pu nlican for the Court Of Appcsis by the Demo-
cratic State Convention
Il Is understood that ex-senator Hi is even
against the nomination OF Justice Cullen Oh
account OF Justice Cullen's stand for an honest
ballot in 1891. when Hill and his State Board
of Canvassers counted in several State senators
and thus got control OF the legislature
Mt Hill promised to nominate Attorney Gem
srsl John Cunneen as judge of the Court OF
Appeals and Cunneen demands that the promise
be kept. It cannot be kept II Cullen ana "er
ner are named by the Democratic state ConVen-
ton ans the plan of tho Republicans to name
these two justices for the Court or Appears
bench is likely to force tbs Democrats 10 taKe
similar action. although Hill is bitterly opposoo
to 1t.
Senator McCarren says openly that there is no
call for the Democrats TO nominate Werner.
even if the Republicans lead off by nominating
Cullen for chief judge and Justice Werner as an
associate
John b. stanchfield. one Of the leading candi-
dates for the Democratic nomination LOT uoV-
ernor said yesterday that in his opinion inc
State convention probably would nominate Jus
tee Cullen, but not Werner. There Is httle
doubt that Mr. Stanchheld's views are identicai
with those of Messrs HILL Sheehan and other
men In the Parker camp. Hill would prevent
Cullen's nomination IL he could, but probably be
csrnot prevent it
II don't believe the State convention will stand
for the nomination OF Justice Werner" said MI
StanchfeId Justice Cullen is q Democrat. and
doubtless he will be nominated. but there is no
reason why we should nominate Justice
Werner"
VIII not your refusal to follow the lead OF
the Republicans in showing non-partisan spirit
In electing judges injure Democratic prospects,
Mr. StanchfieId was asked.
"I don't believe that such a refusal would be
severely condemned in Presidential year.. was
the answer.
HILLS ENMITY TOWARD CULLEN
Ex-senator Hills enmity toward Justice Gull
len brings up a black chapter In his political ca
reer. He is against the nomination of'Justice
Cullen for chief judge of the Court OF Appeals
because Justice Cullen I'm December, 1891 set
his face as flint against the scandalous wire
pulling of Governor Hill in his plot TO steal the
State Senate, which he finally did. through his
State Board Of Canvassers. by having them ig-
more the plain instructions Of the Court of APP
peals in the famous Mylod Duchess County,
election return matter. For this piece of CHI
canery Isaac H. Maynard was buried under an
avalanche of votes and died of a broken heart.
Hills partners were driven out Of power and
have been kept out for more than ten years.
and Mr.. Hill has been doing penance ever since.
Not since December, 1891, has David B. Hill
had any degree of cordially for Justice Edgar
NJ. Cullen, Democrat of Brooklyn.
Justice Cullen, Of Brooklyn, December 49,
1891, when appealed 10 by counsel for the Re
publicans of Duchess County. issued order
practically blocking the attempt of the Hill men
to prevent the reception at Albany OF the Deane
! b4 he N he of
Appeals. That shock from Democratic
judge of the Supreme Court to the Democratic
Governor of the State On Monday. December
u, Storm Emans, County Clerk OF Dutchess, a
Hill man. made out three copies Of the true cleo
! ton returns the for Senator. required
! by law and in accordance with Justice Cullen s
order, and mailed them TO the Governor Con-
troler and Secretary of State. The proper
reception of these returns meant that the RE
publicans would control the legislature on Joint
/ ballot. These returns did not reach the State
officials referred to. AS soon as E1nanz put the
returns in the mailbag he jumped on a train
( and got TO Albany ahead OF them, and re-
turned with them to Poughkeepsie. This was
/ done with the knowledge OF the Governor. and
/ when the fact became public the next day the
/ entire State was scandaIized. 1t was done to
! keep the false Mylod return before the State
Board OF Canvassers, and prevent the honest
return from being CanVaSsed Eman5 had acted
under the alleged authority of an order granted
! by Justice Ingraham.
CULLEN ALWAYS AGAINST THE STEAL.
Justice Cullen. Of Brooklyn came into the
case again on December %. and as before, he
was against the Senate stealers He issued an
order vacating the order granted by Justice In
graham. and containing direction to Emans
TO forthwith forward the correct returns to AL
tany. Governor Hill. Secretary OF State Rice
and Controller Wemp!e once more became &C
| tive. On Hills order James w Ridgway. OF
Brooklyn. then, as now. stanch Hill man
asked on December % that the case before JUS
tice Cullen be adjourned. as a certain attorney
| interested in the plot sick and could not at
tend. Justice Cullen refused this request. This
was another blow to the plotters. He went
further by putting into his previous order a re-
newal Of the directions to the County Clerk OF
Duchess to forward the correct returns forth
( with Ridgway asked that the returns be In
trusted to him. Justice Cullen refused his re.
quest, and Ridgway construed the action az
an insult Justice Cullen said that the right
place for the returns was the Court of Appoals
where they would he handled according to law
Justice Cullen OF, Saturday December DC
Issued Still another order compelling the State
Board OF CanVassers to show cause OH the fol
lowing Tuesday why the corrected returns from
Dutchess should not be counted
The went to the Court OF ApDeaIs which
decided all the substantial points in favor of thu
Republicans. This left II to the State Board n
Canvassers- This board disregarded the In
structions OF the Court of Appeals. and DELHI
erately and wrongfully seated Osborne Wake
and Nichols IN three close districts thus giyin;
Iiill and his friends control of the Legislature q,
joint ballot.