New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-11-29
STEALING THE RETURNS.
FLIGHT OF A DEMOCRATIC SUPERVISOR
FROM ONONDAGA COUNTY.
MAyDAMUs PROCEEDINGS BEFORE JU5TTCE KEN:
NEDY DELAYED-DEMoCRATs GOING FROM 4.
ONE CRIME TO ANOTHER. A
rny TELEGRAPH TO TIE TkiBCxEl

ONE CRIME TO ANOTHER. a
rBY TELEGRAPH TO THE rkiBryEI
Syracuse, Nov. 2s-At 10 o'clock this morning
the order made yesterday afternoon by Justice
Kennedy commanding Thomas Welch. Supervisor
of the Third Ward, TO appear in court and show
cause why he should not he punished for con-
tempt OF court was returnabe. Mr. Welch had
failed to comply with the writ OF mandamus direct
ing him to deliver certain erroneous returns 70
election inspectors for correction. When the ap'
pointed hour arrived Mr.. Wcch did not appear.
1t was soon learned iIom Sheriff johnson thas
deputy y-shcriirs had been searching for him all
night and had thus far been unable 90 find him. IL
was the general impression around the court house
this morning that Welch was trying to evade the
service OF the Justices order. Later information
showed that Welch left town with the returns
of the Third Ward in his possession. Sheriff john
son stated tonight that the last trace OF Welch
in the city was at Il 5 last night, when NE took
supper with ex-Aldcman John QuiDlan, after which
they drove rapidly out OF the city toward FAIR
mount, at which place the sheriff says they took
the train for Auburn. dispatch from Auburn
saws that Welch and Quinlan registered at the
Osborn House last night and left there at o'clock
this morning. Since then nothing has been heard
from them although the Sherifs deputies arc still
searching.
John Scanlon, one Of the inspectors In the lid
District of the Third Ward, attempted TO evads
the service OF the courts order by hiding in
cellar. lie was found by the Sheriff and the
paper served
At o'clock this afternoon interested people
began to flock TO the courthouse, and when
Justice Kennedy took his seat at
o'clock the room was crowded Attorney w. +.
Coodclle asked the court to order the returns
| OF the Hid, With and With Districts OF the
| Third Ward, the Ist District OF the Ninth ward
and the Ist District of the Tenth Ward produced
| in court; also the returns made yesterday to
| the mandamus.
| Mr.. Marshall said that the papers were served
| in so short time that he was hardly able to
prepare counteraflidavits, and he would much like
| an adjournment until Monday.
Mr. Goodee said that the deputysherins were
unable 10 find all the inspectors in the With and
| With Districts of the Third Ward and the lss
| District OF the Ninth Ward
| The court said Mr. Goodee was in position
| to move for an order of peremptory mandamus
compelling the inspectors to appear in court
Mr.. Goodelle then annouhccd that the inspectors
| of the Ninth Ward had just made the necessary
corrections and the inspectors of the lst District
of the Tenth Ward were present, and were willing
| TO make the corrections. The inspectors stepped
forward and made the corrections Mr.. Goodelle
I then said:
| The last we heard from the Supervisor OF
the Third Ward was that he was in the city Of
| Auburn. telling about the chase he had given the
| Sheriff"
| The Court said "It can't be possible that
man of HIS position in this county Of Opondaga
| can be guilty Of that
Mr.. GoodeIle formally asked for writ OF per-
| emptory mandamus against the inspectors OF the
lid District of the Third Ward, namely, Z. A.
McKinstry Simon P. dIaskins and John Quinlan.
| Mr. Marshall objected to the papers being served
| upon the inspectors. lie said that the affidavit
| did not state what if any, clerical error existed.
| lie read several decisions supposed to bear uron
| the case as authority for bis objections.
| The Court showed wherein the cases cited boro
upon the question in hand. George DriscoD, at-
torney then read the answers OF the inspectors In
the Third Ward denying that the canyassers had
| found omissions or errors in the returns, and IL
WAS alleged that they had information OF
| knowledge whether David \. Munro lr1 had re-
ceived a majority Of votes cast in this district.
| The Court said that the affidavit showed THAI
! Welch, the man deputed TO take the returns pasS
| to the inspectors, had neglected to do MS huty'
Mr. Goodele said that all they could ask was 10
| have the cose continued until Welch could pe
| heard from "The question suggests ITSELF, he
| said "as 10 whether Welch is fleeing from the
county with those returns in his pocket. undef-
| stand that the law requires three copies OF 'he
| returns ] am advised that the duplicate returns
are in the possession of the City Clerk. III the
| Court has the power, ! ask that these returns '0
| used and that the board proceed
Mfr Marshall said that Mr. Wech was sub
roenaed before the Governor and that he took
those returns 10 Albany, possibly. and they are
presumably there now rs exhibits in the case
| "Tbe court will scs,," said Mr. Goodcllc, "thao
this man Welch has got it in his power by s'cal-
! ing one set of the returns Ia defeat an entire
election
| Mr. Nottingham said that there was no reason
| why the duplicate r,turns with the City Clerk
could not he used. The statute provided for II.
rs il possible said the Justice. that Mr..
Welch is acting under the advice Of any one'
II the statements about him are correct he Is nos
| only an improper supervisor. but bad citizen
| Continuing. the court said Officials, holding
their places under the people, found s.'aling re.
| turns. is most shocking. | can't at say whae
! right have to order the City Clerks return y
| lie used. This man Wclch has been badly ad;
| vised or els, he has been frightened lie VIII
come back but he can hardly explain his con-
duct"
Mr.. Goodellc saw that all returns except the
five in the Third Ward had been returned oy Tho
ihe Court said that all these records would bs
placed on file. and would form an exceedlngN IL,
tereStlng document 1, hf' "-iO" Is ~
friends present would advise you TO confer Win
him II these returns get in the hands OF the IN
spectors they will make the correcio as soon as
they can In conclusion, the Justice said that all
these orders against the inspectors might oe con,
timed until Monday at = d. m The Justice said
that after the public proclamation of the criminal
law in relation 20 the matter he was sure thse
no inspector would NEGLECT his duty In reference
10 taking returns from the City Clerks Office. the
Justice wasn't going - decide hasiIv lie thouyhs
that Mr.. Wclch would return by Monday.
The Munro. Ryan mandamus proceedings were
set down for o'clock but as nothing could A
done owing 10 the absence OF the returns they
were continued until Monday, ~ 9clock. IN
,ha ohsenca of both County Clerk Cotton and
~ Ii, hn,a heen snhncnnand 10 an