New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-02
HILL KEPT THE RETURNS.
AT LAST THEY ARE BACK IL SYRACUSE.
TIE GOVERNORS rNC1ICs TO DELAY THE Pro
cEEDINGc-JUs1CEs Kennedy AND o'BRifN
HOLD ooURT-TuE RETURNS GIVEN


| cEEDINGc-JUsnCEs Kennedy AND o'BmFN
| HOLD ooURT-TuE RETURNS GivES
| TO THE CANvAs-uNG BOARD.
! rBY TELEGRAPH TO THE TEiBUNE.l
Syracuse Dec. 1.-The facts in the OF The miss
Ing Third Ward returns, which supervisor WEIGH was
supposed TO have In his possession have come to
! light. Last Wednesday Welch went to Albany 10
attend the hearing of the Cotton SO far as can
be learned he was not subpoenaed and did not testify
When he entered the Executive Chamber he threw
all his returns the stenographePs table Then he
went ont and, it is said, drank heavily and forgot all
about those returns until he to his sober senses
In this city on Thanksgiving Day, The question of the
order requiring the inspectors TO appear in court came
up Friday afternoon. welch knew that he had violated
an order Of the court and, probably acting under the
advice of the conspirators skipped the town. On
Friday, at the hearing, Mr.. Marshall said that these
returns were in the hands of the Governor Yesterday
he again repeated that assertion, and showed telegram
from the Governor saying that he could not send the
Third Ward returns here until after the Cotton hearing
The inference In court was that the returns were In
evidence In the Cotton case. AS matter OF fact tey
were not; and Governor Hill, knowing that Judge
Kennedy had ordered them brought into court Is be-
eved to have shown his contempt for the Judiciary by
keeping them In his possession when he had no use Tor
them whatever But the Executive also knew that
the retention of those certificates by him would delay
the proceedings before Justice Kennedy until after inc
County Clerks hearing disposed OF and the eA-
trsordnary special term could convene In TINS CITY.
John j. Hallock brought the returns from Albany last
night and deposited them In the Vanderbilt House safe
at 20 O'Clock this morning. Hallock could not DO
found this morning. 1t is now thought to be the plan
of the Executive to steal the senator from the XNth
District and the Assemblymen In the LIST and lid
districts OF Onondago.
For the first time in the history Of Ononadaga an
extraordinary special term convened at the Court
nfUrian In
accordance with an order made by Governor HILL
shortly after O'Clock Judge O'Bren left the Wander
bit, where he is stopping, and walked over 10 the
Court House. There he met Justice Kennedy and re-
manned with him until few minutes after 10 O'Clock
when they entered the Special Term room. Justice
O'Brien took his seat and Justice Kennedy formally in
troduced Clerk Mcdowell and Stenographer Earl
Mr. Marshall said that he had an application for
stay Of proceedings in the ,Munro-Ryan mandamus
case. Mr.. Goodelle said that he and his associates
desired copy of the papers. The Court asked
whether 1t appeared in the papers that an application
had been made to any Justice In this district for stay
OF proceedings.
Mr. Marshall-It does
The Court-To all the judges in this districts
Mr. Marshall-Yes and they all refused
Mr. Goodelle said that he felt certain that his Honor
would do what all the other Justices had done in the
case. Mr.. Goodee said that they should have an op-
portunty OF presenting their papers, and asked for an
was simply to shoy cause why there should not be
stay of proceedings. Mr.. Goodelle said that at =
O'Clock the matter in another court ana asked
that the matter be continued until tomorrow morning
The COurt-I am not entirely familiar with the
personnel Of this case but certain that the conn
sci wouldn't make any improper suggestions Couhsei
for the relator here and informs the Court that
he desires to be heard his motion The application
will be set down for tomorrow morning. and 1t Is re
qured that you, Mr. Marshall. serve copies OF your
papers on him before IL or O'Clock today
Mr. Marshall suggested that the postponemcnt might
embarasS him In the other proceeding intlmatng tat
while he engaged before Justice oBrien tomorrow
one or the other REALTORS counsel might 60 with the
matter before Judge Kennedy.
a." scarcely think there is any danger OF that, said
Judge o'Brien. Judge Kennedy and 1 have had
consultation and there will be no conflict In our hear
ings."
The court then took a recess until O'Clock
The General Term room crowded again when
Justice Kennedy took his seat at O'Clock this
afternoon. When the Court asked If there was
any business. Mr. Nottingham said that
it was suggested by the counsel for the re-
spondent that the Third Ward returns would be in
court to-day Mr.. Marshall said that he understood
that Mr.. Hallock had brought the returns back from
Albany The Court directed Tat the clerk go 10 the
County Clerks office and IL the returns were there.
The Sheriff reported that the returns not with the
County Clerk, whereupon Justice Kennedy said =" Mr..
Sheriff, / will make oral order don't know
whether it will succeed not, but if it does not,
will follow it wth something that will. will give an
oral order that you proceed to the Vanderbilt House.
and II the missing election returns are there, wish
you TO bring them into court"
At $50 O'Clock Sheriff Johnson came in with d.
lapidaed looking paper package In his hand. which
he gave to the Court, who opened IL.
by the Endorsement the back of the papers,
said Justice Kennedy "these purport TO be election
hind With nd
districts OF the Third Ward"
Mr.. Goodele-Those are t;ie missing returns.
The COurt-Mr. Sheriff, you received those returns
at the Vanderbilt House. Who gave them to you
The Sheriff. got them at the Vanderbilt House and
Proprietor Fife handed them 10 me.
The Court then directed the Sheriff to call the chair
man of the Canvassng Board The Justice said that
II was necessary that the returns should be got into
tho hands OF the inspectors Of the Third Ward soon
as possible lie wanted 10 know II there was any
suggestion in regard to the matter. Mr.. Goodello
asked that the returns be placed in the hands OF
the Sheriff and his officers. He could not trust the
Canvassing Board. Mr. Nottingham said that the
law provided that the Canvassng Board were the ones
to depute one OF their number TO take the returns
back for correction and asked that tie Board be con
vened at once.
The Court--What is the object of placing them in
the hands Of men who won't do their duty
At this point Chairman Dorchester came in.
The Court want TO know IL you, Mr.. Dorchester
as gentleman OF honor, Will see that these returns
are placed the hands of competent persons TO
that they properly corrected 1 now depend upon
your honor.
Mr.. Dorchester said he thought it was matter for
the whole RoaTd
The Court repeated that he left it TO the honor OF
Mr. Dorchester as chairman Of the CanvaSsing board
that he would that they were speedily corrected.
There is but one side TO this question. 1t isn't
open qucstion Of argument betwecil Upon the
assurance OF the chairman Of the CanvaSsing Board
that messenger will be depued to do this, pass tho
returns g. you"
Mr. Dorcester-It viii be done far as can do II.
The Court informed the chairman that for the pur-
pose Of expedting the business the Board might de-
pute a man 10 each district. Mr. Marshall asked that
an adjournment be taken until tO-morr afternoon.
lie said that 1t agreed before Judge O'Iien that
proceedings would be allowed to interfere with tho
hearing before him tomorrow morning.
ThsC nd O'Rripn'S and mine Will r1n