The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-10-14

tive mandamus to compel the Judges to refrain
from counting The alleged forged return from the
Common Pleas The writ was granted, Teturnable
forthwith, and placed in the hands Of Deputy Sheriff
Van Hook. In few moments the Deputy Sheriff
returned 10 Court, ana made AFFIDAVIT that upon
going into the room where the Judges were
assembled and, making known his mission, he was
violently seized 10y number of them and forcbly
elected, the writ being torn In the scuiie lie could
not, however, name the persons who had done this,
but the Court gave MIN an order To take sufficient
force anl arrest those he could recognize having
participated in tins violence.
Mr.. Van Hook, upon this order, arrested the four
following persons as those most prominent in the
assault Henry Connor Jacob l.. Baugh, Jesse Col
ton, and James Buckley, who were all Doorkeepers
In the case of the First Senatorial District com
plaint was made that the maortes Tor Mr. Diamond
were fraudulently left out OF the count and man
ddmus was issued agalnstthe Return Judges to COM
pei them 20 refrain from issuing certificates of cleo
tion until they should answer the Court upon this
complaint.
senting the return Judges, who followed him. and
said that, without speaking Of the first attempt 10
serve the writ, whlch would only cause elimination
and recrlmlnaton, ne would just say that the writ
had finally been served.
lis Honor called attention to the order for the
arrest Of the men who had made the attack upln
the Deputy sheriff, saying that he had fixed to-lnor-
row morning. at 10 O'Clock, for the hearing.
In regard TO the DtdndGmUs bIr. Mann said the
Return Judges did not count the certificate; each
judge called out the figures from his own paner,
having no certificate before him and therefore, tha
writ OF nidndpHUs was without purpose.
The return Judge who had lost the return said he
had obtained the permission of the court to take out
Mr. Mann then made return TO the writ as follows:
The return Of j. Alexander Simpson and others,
Board of Return Judges, to the writ of alternative
mGndamuS, respectfully shows that they have not
violated the command OF said writ and that they do
not intend to violate the command OF said writ, but
that they will refrain, in obedience 10 the command
OF said writ, from counting any certificate OF the
return Med in the Prothonotarys oice OF the Ninth
division OF the Seventeenth ward of the city of
Philadelphia for members of the Legislature OF the
Thirteenth Legislative district.
Mr. Hlrst produced the hourly list Of the Ninth
division OF the seventeenth ward showing the real
vote TO he for MUen, 115; Forsythe, lN, Geisl,
1873; but the certificate to be counted by the judges
gave Mullen, O.; Forsythe, 49, and Geisz, 253.
Mr.. Mann suggested that he deemed the question
here to be one Of how far the would uSurp the
power OF the Legislature in determining the qdalin
cations OF its members. MIR. Forsythe's complaint
OF forgery should be made to the Legislature.
After some parley between Mr.. Mann and Mr.,
Hirst, representing the different parties his Honor
concluded to go into hearing upon the subject Of
the alteration Of this certificate and the following
testimony was taken:-
Murphy, the return Judge OF the Seventeenth ward,
testified that he received the return OF the Ninth lii
vision Of this ward about O'Clock on Wednesday
evening, at the precinct house, folded it. ana took it
home, where he put it in a bundle with the returns
from the other divisions in his bookcase at his resi-
dence, No. l341 n. Second street. Nobody, that he
knew, had access to it. Having placed it there he
never saw il again.