The Altamont Enterprise, March 5, 1915

DECLINES NOMINATION

James E. Kirk Says He Will Not Run for the Office of Village President on the Democratic Ticket.

The following letter was received by C. Martin, village clerk of Altamont, this week:

Altamont, N.Y., March 2, 1915.

Christopher Martin, Esq., Village Clerk.

Dear Sir:

I hereby respectfully decline the nomination for President of this village on the Democratic ticket to be voted for at the village election March 16, 2015.

The reason for this action on my part is as follows: Seven years ago the leading citizens, irrespective of party, decided that for the best interests of the village, the election of village officers should be taken out of party politics. I was nominated on a union ticket, accepted and publicly stated that in no way and at no time would party politics enter into my administration and that I would never accept a nomination or election that would throw village affairs and elections back into party politics. Six times upon a union of tickets I have been elected. Now to accept a nomination on either the Republican or Democratic ticket ALONE would be in direct contravention to my former position on this question.

While I am confident the party whose nomination I am declining would not expect me to carry politics into municipal affairs, still to accept this nomination might bring an appearance at least of politics into the election. To drop party politics and all appearance of politics, to break away from party and party politics in the affairs of this village, was and I believe is still the demand of our best citizens.

RESULT OF THE GIFFORD TRIAL.

To the Editor of The Enterprise:

In answer to the article “Published by Request” in your issue of Feb. 18th, I wish to say that, as near as I can learn, it was a disappointment and a great surprise to the public that eleven men could stand for acquittal with evidence so plain and so strong pointing to the guilt of Malcolm Gifford, Jr. I have talked with many men since the trial and found no one, who followed the evidence at all, who thought I was wrong. In answer to the statement, “Moved by what motive we cannot undertake to say,” I answer, I was moved by no motive or influence other than the evidence in the case, which was strong enough and clear enough for any reasonable, honest man to render a verdict of guilty.

I can say I was able in the jury room to give a reason at all times why I stood for conviction, and I am ready to talk with any one, I care not who he may be, in reference to the case. I was not there to guess a verdict. I can give the facts and circumstances in the case from start to finish. On the first vote taken, we stood four for conviction and eight for acquittal. From then on, one of the four dropped out at each ballot taken until we stood eleven for acquittal and one for conviction, and I do not hesitate to say I was the one. I have received letters from prominent men of the city of Albany, strangers, commending me on my good judgment.

(Signed) DAVID VAN DENBURG — The one juror who dared to stand for right and justice between the people of the state of New York and Malcolm Gifford, Jr.

The following is a copy of one of the letters received from Albany:

Being a stranger to you I feel it a sort of public duty to express my admiration, as one of the public and one of an enormous majority of the public, of your clear-headed independence in insisting on a verdict of guilty in the Gifford case. If you had assented to acquittal the result would almost have been enough to make one think we ought to devise some other method of decision than the verdict of a jury. I have discussed the case with a number of people, particularly lawyers and men of affairs accustomed to sifting evidence intelligently and reaching careful conclusions, and I have not found one who did not think you are right. One man expressed it this way: “If the charge was not proved, nothing was ever proved.”

It must have been very hard for you, ill and worn out as you were, to maintain your position through all those weary hours against the importunities of your colleagues, and you assuredly deserve the cordial thanks of the people.

Respectfully yours,

GILBERT M. TUCKER.

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