New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-01
JUDGE KENNEDY INDIGNANT
A INDUSTRIOUS PROCEEDING FOR The NINE
TENTH CENTURY.

IUETICE DELAYED ONE M0RB DAY IN ONONDAGA
BY THE RUNAWAY DEMOCRATIC SUPERVISOR
TO USE THE CITY CLERKS RE.
TURNS IN ORDER TO DEFEAT
SHAMEFUL PLOT
Syracuse, Nov. 80 tSpeciaD. The case of the
dilatory inspectors came up again this morning
before Justice Kennedy, at 10 o'clock. Mr..
Nottingham opened the proceedings hy stating that
the court ordered the returns TO the mandamus
served on the Board OF Canvassers to he hIed
Immediately with the County Clerk. so that they
might be accessible the attorneys on both Sides
and that they were not so filed, but were taken
away by the attorneys for the inspectors
II ordered them filed on Saturday said the
Court. If it is true that they were taken away,
il is in direct violation of the courts order
William S. Jenney, who appeared for the in
spectors, explained that they were taken away
by him through mistake, that he had sent down to
Mr.. Marshall's house for them.
Mr. Nottingham said he thought that the GER
tjfcatcs issued by the Democratic majority OF the
Board of Canvassers and signed by the chairman
should be brought into court, as the mandamus
was directed to that certificate.
The court agreed with Mr. Nottingham, and then
asked if there was any suggestion in reference
20 the returns in the hands of the City Clerk.
Mr.. Nottingham thought that the City Clerks
returns might be Used, saying that the election
code provided that certified copy of the returns
should be filed with the City Clerk. The law OF
1880 provided that duplicate he filed in the
Countv Clerks Office and the original remain with
the Supervisor In the of the people eXrel
against Russell in which original was delv-
cred 70 the Supervisor the Court directed that
the City Clerks returns be used under mandamus
proceedings.
The Justice said il would be we'll TO get copies
OF the City Clerks returns of the Third Ward and
have them in Court by 2 o'clock, when he would
further consider the advisabiIity of using them.
He directed that ali order be entered requiring
the City Clerk 10 furnish certified copies of these
returns.
This ended the proceedings of the morning.
When Court opened again at o'clock Mr..
Goodelle counsel for Mr.. Munro asked that the
returns from the Third Ward, not held by WEIGH,
he brought into Court The Court so ordered.
Has anything been Heard by way of service of
papers on a gentleman by the name of Welch ?"
asked Justice Kennedy.
Nothing" replied Mr.. Goodelle.
Have the officers been able to find him ?"
Il understand not" Mr. GOOdee went on to
say that he had obtained possession of the Super
visor-s and the County Clerks returns for the
lid District of the Third Ward, and the County
Clerks returns for the WITH and With Districts.
These were among the returns that were sup
posed to have been taken away by Mr.. WEIGH.
They have not been returned by the abScond-
ing SUPERVISOR" the Court asked.
mo sir they have not" answered Mr. GoOdee :;
he still has the original returns for the WITH
and With Districts
"They are not in Mr.. Wech's hands" said Mr..
Marshall, attorney for the Democratic Board Il
told you that Saturday They are in the hands
Of the Governor. l have telegram to that
effect"
Where are these returns?" asked the Court.
at was said that these returns were in the hands
Of the recreant Supervisor"
"That is not so, said Mr.. Marshall they are
In the hands of the Governor" and he read the
following telegram from Governor Hill
am unable to send you returns from the Third
Ward until after hearing on Monday next
Mr. Nottingham said that there were duplicate
returns in the County Clerks Office Of two districts
and there were certified copies in the City Clerks
Office OF all the districts and he thought that the
proceedings should be continued
Mr.. Marshall said that there was no question
but what che returns would be here.
81 have no doubt said the court, =" that they
will be here some time. lLaughter ! under
stand that the Board delegated Welch to deliver
those returns 10 the inspectors of that ward, and
that their answer is that this Supervisor has
SO far neglected his duty as not TO deliver them
/ don't see how / can compel these inspectors &c
amend those returns until they have them to
amend Therefore, they have not neglected then
duty in that respect. There was no authority on
the part of the Supervisor TO put them IN his
pocket. and to say that he has orders to produce
them before the Governor does not excuse MN
The order Of the Executive is imperative But
il seems that WEIGH has retained them They
have not been heard from since the Board OF
County Canvassers gave them TO him. The pro-
visions Of the law are ample. This Supervisor
cannot defeat the rights of the electors in any act
he can do. II he dared TO tamper with them, he
will answer for 1t. IL he should have dared IN
any manner TO suppress or interfere with them, he
will answer for it. So far the Third Ward Ia
concerned, it seems that these inspectors have
answered as far they can. IL Is the duty OF thu
relator that Welch be Dfde to appee" - court
assure these gentlemen that this court cannot