New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-08-24
HILL AGAINST CULLEN.
Impression Deepens That He WiH
ODp0se His Nomination.

Wherever ex-senator Day id 3. Hill went yes
terday among Democrats he deepened the i'm
preston that the Democratic State Convention
viii refuse 10 nominate Justices Cullen and
Werner 10 matter whether the Republicans
nominate them or not AS already announced
Sc The Tribune, there is excellent prospect
that Justice Cullen viii be appointed Chief
Judge Of the Court OK Appeals to succeed Judge
s'srxai, and that the Republican State Conven-
sion will nominate Justice Cullen for Chief Judge
sn6 Justice Werner COR associate.
Tks Albany County Bar presumably with the
tnowledge &c ex-senator Hill. passed resolu-
sions urging tie nomination Of Justice d. Cady
1Ferriok for Chiet Judge. AS Attorney General
Cunneen has HITS promise Of nomination for
the Court of Appeals this fall. It is about as
good settled that Herrick and Cunneen will
be the Democratic nominees.
There is a growing sentiment around the State
sGaong Republicans and independents for The
nonninatlon OF Justice Cullen sor the chief Judge
ehip.
The Tribune has made public the reason why
&r Hill OBJECTS to the nomination of Justice
Cullen on the Democratic State ticket Justice
Cullen ala all that honorable Judge could do
in 1891 20 prevent the theft of the State Sem
ste by the Hill men. This has not been for
gotten by the respectable voters OF the State
end il is still fresh IN the mind or David b
Hill.
Justice Cullen, IN deciding the famous
Duchess County returns case had this TO say:
The returns were not before the Board Of State
CanYassers. not because of any defect ne trans
mission. of disobedience of the order of the
court. out because Of the action of the Secretary
OF state (ftice). the Governor tIiilD, and the
Sounsel OF Inc controller (Maynard), the returns
were taken from the several public Offices where
sney had been properly received and were given
Hr Emans.
This transaction resulted IN the theft Of the
Senate by Hill and his fellow conspirators
The Evening Post" in commenting on Jus
Vice cullen's decision on February 10 1892 said:
Il was this return. taken from the mails and
from tne oflleial records by Messrs. Hill. MAYNARD
When the State Canyassing Board met the illegal
and erroneous return. declared by the Supreme
court and the Court OF Appeals. was the only one
oeIore X MT Rice. acting as chairman. refused
knsw Of another return. and the illegal return was
canFsssed and seat stolen 1t was this theft thai
gave the Democrats q majority of IN the Sen
ate, and Judge Cullen's decision now declares that
theft 10 have been the result OF q conspiracy nv
Hill. Maynard and Rice. All three Of them should
be prosecuted for their official misconduct.
The Bar Association OF this city investigated
the scandal and shared in Justice Culen's view
OF the case. Wheeler H. PecklaTn and William
IS. Hornblower signed the report of the Bar AS
sociation's committee OF investigation. These
two lawyers were successfully nominated for
vacancy IA the Supreme Court OF the United
States, and their confirmation was defeated by
David 3. Hill Mr. HUI, it seems, now proposes
20 punish Justice Cullen as he punished Messrs
Peckham ara Hornblower.