Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1893-09-22
THE KELLY CASE.
The Jury In the Forgery Case
Stands g 10 3 in Favor OF Con-
yfction. The Perjury Case
Postponed till December
Term.

interest to the public of Butler county the
Kelly case was saved for the last. Inc
other cases on the Quarter Sessions docket
for September term were not disposed oI
until towards noon of last Saturday, ana
then while Mike Scanlon was waiting ioI
some good friend to come into Court anu
bail him in the sum of 5000, the case OF the
Commonwealth against Jehn c. Kelly LOT
forgery was called; and the Clerk began
calling jury.
Three or four jurors had been called and
had taken their seats in the box when Mr.
Robinson came in and asked that the pros
ecution have the right to stand aside jurors
as called right which the law gives the
Commonwealth in important cases-and
the Court told the gentlemen already IN
in the box to leave it-and the Clerk De-
gan anew. Thompson filed written OBJ
lection and an exception was noted. I"eh-
ty seven names were called; ten were STOOD
aside and from the other seventeen the
following jury was selected:-Thomas MIC
Farland. A. M. Donaldson, W. j. Douglass,
r.. M. Anderson, James Patterson, U. W.
Worthington, James E. Miller, John burt
ner. Andrew McCaferty, Alfred Miller, H.
g. Madison and Thomas Woods.
Both Anderson and Patterson asked W
be excused from serving on the jury be-
cause they were neighbors OF the de ie na-
ant. but the Court said it had no right 10
excuse them for such cause.
Kelly assisted in selecting his jury and
before the iury was sworn, Mr.. McQulstlon
of the defense, made motion to quasn
the bill of indictment for the reason tnat
the Grand Jury that heard the case had at
first ignored it and that afterwards at the
instance of the District Attorney McJ unkin
had changed their verdict and bad changed
the Endorsement on the bill. Then ne
went on and charged the District Attorney
with certain misdoings and talked TIL noon
when the Court asked him what PROOF ne
had of this, and he replied. 'The afhdaVit
of the defendant. "Was the defendant IN
the iury room 7" asked the Court. NO
certainly not;" "Then where does this IN
formation come from ?" "From Grand Jury
men of course"
The motion to quash was refused; kelly
added an affidavit to the written exceptions
and it was filed and an exception noted.
The Court then cautioned the jury against
talking to anybody about the case on trial'
or listening to talk about the case when on
trial. and added that it looked as though
the defendant had been prowlirg around
the Grand Jury. This remark was imme-
diately objected to by the defense anu
another exception noted.
AT 1:30 p. M, the District Attorney read
the bill of indictment to the Jury-lst
Count, forging fraudulent warrants on the
county End Count publishing and utter
the same-and opened the case. The Com
monwealth would show that Kelly was
elected County Commissioner, that he was
reelected in 1887, and that with b. M.
Duncan and A. J. Hutchison, he took the
oath of Office and his seat on the first Mon
day of anuary 1888, the way business was
done in the office, the making and uttering
of the fraudulent warrants, etc.
The witnesses for the prosecution were
called and sworn.
Enos Mcdonald was the first witness
He lives in Franklin twp. is farmer, was
Clerk of the County Commissioners IN 1923;
Duncan. Hutchison and Kelly were the
Commissioners, ho issued the warrants
which were usually signed by two Commls-
sioners;all bills were paid by warrants drawn
on the County Treasurer; Amos Seaton
was County Treasurer; the Commonweaith
costs were recorded in tw large docketsi
the Comfy Commissioners referred to the
dockets and the number ofthe warrant was
entered on the docket when the cost was
paid; persons receiving costs from the
county receipted for same on the STUD OF
the order he had custody OF the warrant
book; he left the Office on Saturday even,
ing, April 20, 1889, and when he returned
Monday morning he found that an order
had been drawn in favor OF Jonn SnaHer;
the stnb- hook was produced and Mcdonald
read the stubs of the several fraudulent
warrants and stated that no costs were due
the parties at the time the warrants were
drawn excepting to John McElroy for 81. .7o
while the warrant drawn in his favor was
for n larger sum; he had searched the COM
monwealth dockets for seven months; the
thirteen warrants aggregated $5o.50 So4
40 had been refunded; all had been refund
ed that he was certain at the time were
fraudulent: warrant No. 2500 to John Nc.
Elrov for $4. 10 was not refunded to him;
he entered into no arrangement not to
prosecute Kelly; at the time the money
was refunded he turned the matter over TO
the Co. Commissioners; the money was re-
funded and Kelly resigned; in the Spring
of 1891 he thought this matter should De
examined on account OF Kelly's mlsrepfe.
sentations; he saw Seaton and Wilson and
was advised by his attorney not to prose
cute; the matter was allowed to rest; two
wears expired and he did not know until
this spring when Kelly's candidacy revived
it that it " as yet open, and then he con-
sidered it his duty to prosecute. tMr. NC
Donald's 8 reasons for prosecuting were IN
answer to a question by Mr.. Thompson OF
the defense; and before he got through.
both Thompson and Forquer tried to
stop him. but the Court decided that as they
had asked the question. they should hear
the full answer, and made Thompson and
Forduer hold their peace, while the witness
answered, exception noted, etc., Witness
detected Kelly's Irregularities, but did not
detect any Irregularities in the doings OF
the other two Commissioners.
AMOS SEAToN, Sworn, lives in Venango
twp, was County Treasurer in 1889, had
order of John Shaffer in his possession,
couldn't say who presented the Shaffer or
er or any of the fraudulent orders, had
cashed them, and the money for them was
refunded to him.
GEO L. THOMAS, is County Detective, in
company with District Attorney, called at
tho homa of T g. Kelly and demanded the
warrants, and Kelly said he didn't know
where they were. had mislaid them (Here
the District Attorney asked Mr.. Kelly to
produce the warrants, and though his coun
sci objected and said the constitution pro-
tected and shielded him, and that the pro-
ceeding was i'll egal; Kelly arose and
said he didn't know where the warrants
were).
Am os Seaton was recalled and stated
that ho gave the warrants to Kelly, but
couldn't say whose names were on them.
Enos Mcdonald was recalled and stated
that he saw the warrants and that his
name was on them as Clerk though he had
not written ii; that he knew Kelly's hand
writing, and that his (McDonalds0 name
and Duncan's were in Kelly's handwriting
he authorized no one to write his name and
his name to the warrants was fraudulent.
B. NJ. DUNCAN, sworn, was County Com
missioner in 1889-did not sign the Shaffer
order or any of the other fraudulent orders
to which his name was signed; no amodrt
was due Shatfer or the others; the matter
was brought up and Kelly admitted his
guilt, said he ''came to them with his
hands up" Kelly took the stub book, help
ed count the amount up and said hs would
refund; saw the warrants in Treasurer's
opoa. Lpowo Rallvtc anduritinp. Kelly