The morning call., 1893-12-09
WHO STOLE KELLY
The Political Boss Is
Missing.
A SUBPOENA OUT FOR HIM.
Wanted to Explain How He Got
Some Stock.
FLIGHT FROM THE ELKS' BALL.
Warned by His Friends He Seeks
Cover and Cannot Be Located
by the Detectives.
FLIGHT FROM THE ELKs' BALL.

Martin Kelly, the burly political boss, is
lost. His whereabouts for the past week
have been deep mystery, at least to the
law clerks and private detectives who have
been hunting the city over for him since a
week ago to-day, armed with subpoena
calling upon the politician to appear on
Monday next In Judge Seawell's court and
show cause why $4,000 worth Of stock in
the San Francisco and San Mateo Electric
Railway, which were presented to him by
the directors, or one Of them, for Services
rendered." should not be Cancelled and
revert 10 the corporation. The real object
of his examination before Judge Seawell
will be to ascertain. if possible, whether
or not the stock was not presented to
Kelly illegally, without consideration or
for work done by the boss in using his
influence with the Board of Supervisors to
obtain the cOmpany's franchise.
The matter will come up in the form of
an Injunction suit brought by j. d. Saun-
ders, j. B. Muirhead and wife and Mrs
Susan Bishop as stockholders in the
Electric Com pany, to restrain the board Of
directors from disposing of the stock Of
the plaintiffs TO pay an assessment Of
So 80 a share, which, ii is claimed, should
not have been levied. The complaint,
setting forth that stock had been dis
tributed here and there by the directors
without consideration, for political pull,
has been published in THE CALL. The
answer to The suit is made by Behrend
Joost. president Of the corporation, in
which he denies the charges in general
He admits, however. that a portion of the
stock was placed in the hands of j. w.
Hartzeil. director. to dispose of in such
manner as he might deem best to the
Interests of the company, and he knows
that some of it was divided among d. j.
TOohy, John O'Byrne and Martin Kelly.
but for just what purpose he claims to be
IN Egyptian darkness.
The books of the company show Kelly's
stock TO have been given for Services
rendered." but without any explanation
as TO the nature OF the services. Here is
where the Importance of Martin Kelly as
witness begins. The plain tiffs want to
know whether Kelly administered sage
advice to the directors in consideration for
the stock, aiding them in the Board of
Supervisors or turned lawyer and rem
dered legal services.
Apparently Kelly is in no hurry to fur
nsh light on he subject. The last seen of
HIM was on Wednesday night last week at
the Eiks' ball. During the evening a clerk
from the Office Of Henry E. Highton, at
torney for The plaintiffs. had been hunting
Tor Kelly. At none of his usual haunts
could he be found and not until IL o'clock
could any trace of him be discovered
About that hour 1t was learned that be was
at the Elks' ball and there the clerk
started off, post haste. to serve his sub
pena. On arriving at the Pavilion he
learned that he had missed the object of
his search by only few seconds.
lie has just gone out of the door," ex-
plalned one of the gentlemen present, but
although constant watch has been kept
not only upon his house but upon his
haunts, he apparently has returned to
neither up TO the present time. His mail
Is addressed 10 a saloon on the corner of
O'Farrell street and Grant avenue, and
every day messenger calls there for it
carrying it to Kelly's house where it is
apparently boarded up awaiting his return.
All questions regarding the boss where
abOsts are answered at the saloon in a
'he is at home sick" at others gone ont
in the country for few days." and again
I'VE don't know anything about him."
j. W. Hartzell, the director of the COM
pany, who gave Kelly the stock. is not to
be found. At the office of Behrend Joost.
under the Palace Hotel. nothing is known
as to where he can he found. Mr.. Joost
has not been at his office during the past
week, so that no explanation as to why the
stock was given to Kelly can be obtained
other than that noted on the books of the
company, FOR services rendered"
Mr.. Higbton was seen in his office yes-
terday afternoon and explained the case
in this way:
1--WE have not been able to get hold of
Kelly as yet, although l nave had my clerk
and detectives looking for him all of the
week. l don't know whether we will be
able to get him or not; in fact, am not
going to try much more. The case stands
like this: The stock given to Kelly for
Services rendered is only one of many
unexplained transactions in the stock of
the electric company. If we don't get him
we will go on with the case without him.
as we have others that we can get. If
Kelly does not appear we have the right
to claim that the STOCK was given him for
anything
"The position which we take is that the
board Of directors, in passing a resolution
authorizing j. ". Hartzell. one Of the di-
Tectors, to take 100000 in stock at par
and nse 1t In promoting the interests Of
the company, shows a strange condition of
affairs. he gave one-tenth of the whole
amount to Kelly for services rendered
Now what were those services? There
are many other instances of Just such a
character, that is to say based upon the
report of the expert, A. 4. Mann, who has
examined the books. What we maintain
Is that the construction company and the
railroad company are both being used BY
Behrend Joosi, the president of both, as
an agency to get the franchises and prop
erty In the possession of certain persons 3
TO the detriment of the other stock holders.
and we want to know KellY's connection
with if"