New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-03
TWO COURTS At SYRACUSE.
JUSTICES KENNEDY AND o'BRIEN BUSY.
SUPERVISOR WEIGH APPEARS AND Is PROMPTLY
PLACED IN CELL, BUT SUBSEQUENTLY, RE-
LEASED ON BAIL-LEGAL CoMPI4-


PLACED IN CELL, BUT SUBSEQUENTLY, RE-
LEASED ON BAIL-LEGAL CoMPId-
\ CATIONS GROWING.
IBY TELEGRAPH THE TRIDUNEI
Syracuse Dec 2.-The condition OF affairs in the
Onondaa election becomes more complicated each
day. 1t WILL however be settled this week. ms Justice
O'Brien has circuit in New York, beginning Monday
aud Justice Kennedy viii convene a specia! term az
WatertOwn OH the same day. Justice O'Brien opened
his extraordinary special term at the unusually early
hour OF O'Clock this morning, and he heard an APP
plication that II carried to final determination, may
render useless and fuitless all the proceedings That
have occupied Justice Kennedy's time and attention
for SO many days. The application was for an ORDER
for the Board of Canvassers to show caSe why they
should not be required to and make another
count of the Assembly vote in the LIST District 1t was
made by G.. W. Drsccll In behalf Of Patrick j. Ryan,
the Democratic candidate There was no opposition
10 the application, and it was granted as matter OF
course, the order being made returnable at O'CLOCK
this afternoon. The court directed that copies Of the
papers should be made out for Goodelle & Nottingham
who represent David Allen Munro, jr., Mr.. Ryan's
competitor The court then took recess until 10 80
great crowd had gathered in the courtroom when
the hour had arrived for the hearing the application
for stay of the mandamus order issued by justice
Kennedy IN the Munro Ryan matter.
Well, gentlemen yOu ready now on this ap-
pication 2" asked Justice O'Iiren
Doth sides were prepared, ard the hearing went on.
LOuis Marshall made the argument for the stay. lie
began with the statement that something more than
mere questions OF local interest were involved 1t was
matter of great public interest he said Inc appeal
had been taken from Justice Kennedy's peTemptory
writ Of mandamus commanding the Board OF Can
vasss TO send back the returns for correction to the
inspectors in twentyseven out Of the nftytwo election
districts. stays had been applied for to ell the
Ju-ti af lie
entertain the application
"Do | understand that they declined TO entertain
the application at all?" asked Justice o'Bren.
ayes, sir" replied Mr.. Marshall.
"Then this application has never been heard on the
merits and determined"
"NO SIR as l said, it has not even been enter
tanned"
every we'll, then, proceed"
Mr. Marshall went to say that when party
felt aggreved he ought TO be allowed TO exercise the
right to appeal. Particularly should this be done in
cases where the public was interested II stay was
granted he would Immediately apply TO the Governor
for an extraordinary General Term to carry the ques
ton to, and he thought the proceedings should BE-
passed upon by the Appellate Court. lie said
that no nandamus cUild legally issue TO COM
pei a Board Of CanvasseFs TO send back returns
10 the inspectors for correction. II only when
there was an in their own determination that
a mandamus would lie against them, and where was
rest of Mr.. Marshall's argument the same
line as that previously made by him before Justice
Kennedy.
W. r. GoodelIe presented the case for the reator,
David Allen Munro, jr. IL was not involved he said,
in any such doubt uncertainty as counsel on the
other side had attempted TO throw around 1t. 1t
seemed to him that there scarcely room for
argument with reference to 1t. There had been two
hearings before Justice Kennedy, and at each tho
decision was adverse. The whole ground had now
been gone for the third time. There was no
doubt that David Allen Munro, jr, was the regularly
nominated candidate Of the Republican party. No
other man of the name OF Munro was nominated.
No certificate of any other nomination by tho Repub-
licans was filed with the County Clerk. 1t was not
even claimed that any other than that OF David
Allen Munro, IT., was on the ballot The Board OF
Canvasers convened and what did they fnd2 Clerical
errors and nothing else in leaving the ir' OIL the
name. The sample ballots showed who were voted
for and they were made by the statute part Of the
return Why had that been done? Simply to guard
aganst Just such errors those In question here.
There was nothing to show that David A. Munro, Or
ID. A. Eunro or David Munro" had received a single
vote. II either OF these names had been voted for IL
was the duty OF the inspectors to attach a sample
ballot to their peturns showing tile fact. A public
proclamation OF the election of David Allan Munro, r,
had been made on the night Of the election. Mr..
Goodele continued his argument until O'Clock, when
the court took recess for an hour.
There was short hearing this afternoon before
justice O'Brien the application made yesterday
afternoon for order why mandamus should not be
issued compelling the Board Of Canvassers u recavass
the Senatorial vote. o. N. Kellogg, tile Cortland law
YER desired 70 proceed with the order Mr.. GOodele
Immediately asked for postponement until tomorrow
at O'Clock, pleading that his partner had attended to
this matter exclusively and that today he was in
attendance upon the session OF the State Board Mr..
G6odele said he had not had time, being obliged TO
attend court continually to-day, TO look up the facts OF
this matter. "Ths is too important matter TO come
up without client having a fair opportunity TO
explain his side" said the attorney and he finished by
craving the indulgence OF the Court The Court finally
decided to continue the matter until O'Clock tomorrow
morning.
Justice Kennedy's court also convened at o O'Clock
this morning. At about the same hour Supervisor
Thomas j. WEIGH, of the Third Ward, who disappeared
last Friday with the election returns Of five districts OF
his ward which he had been deputed TO return to the
several inspectors OF election for correction on,
from his hiding place and gave himself into the custody
OF the Sheriff. When Justice Kennedy opened court
In the General Term Chamber the crowded
There was a streim Of interested people moving into
the door and the first intims,ion that the runaway
supervisor anywhere about was when he appeared
IN the courtroom. He stood about the room for a
minnie or two or until those who knew him by sight
had become OF his presence, when sheriff John
IT