[490] September 19, 1871.
[491] New York Times, July 24, 1872.
[492] Stewart, Reminiscences, pp. 255-256.
[493] Under the provisions of the new judiciary article of the Constitution a chief justice and six associate justices of the Court of Appeals were elected on May 17, 1870, each party being allowed to put up only four candidates for associate justices. To complete their ticket the Democrats selected Folger and Andrews, two of the four Republican candidates. The election resulted in the choice of the Democratic ticket.
[494] New York Times, July 12, 1870.
[495] Stewart, Reminiscences, pp. 256-7.
"In early life Fenton, having undertaken to carry $12,000 to Albany, reported the money lost. He was arrested and discharged after much testimony was taken. Whether accused justly or unjustly (most persons thought unjustly) it blurred his career. Conkling had a copy of the proceedings before the criminal court."—Ibid. See also The Nation, July 14, 1870.
[496] A.R. Conkling, Life of Roscoe Conkling, p. 328. New York World, September 8, 1870.
[497] The Nation, September 15, 1870.
[498] "During the vote the delegates commenced a system of cheering, first for Conkling, then for Fenton. Senator Conkling was very conspicuous throughout the balloting. His friends gathered around him, while the other side surrounded Fenton, and whenever either moved their friends cheered.... Had there been a secret ballot Fenton would have won in spite of the threats and bribes."—New York World, September 8, 1870.