New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-10-21
PRICE THREE CENTS
McCABE TO BE TRIED TO-DAY.
AT LEAST. THE PROSECUTION Is READY.
But Mr.. NEwcoMBE SAYS HIS CLIENT is INSANE
AND WANTS A CoNufssfOx


But Mr. NEwcOMBE SAYS HIS CLIENT is INSANE
AND WANTS A COMMISSION.
Preparations went yesterday at the District.
Attorneys Office for the trial to-day of ex-Aldeman
Francis McCabe before Judge Cowing in Part l. o tho
Court of General Sessions Assistant District Atop-
nay Nicoil was absent in Albany where was argu-
ing the appeal in the Buddensek ease, but it was
expected that he would return today, he with
District Attorney MARITIME and Colonel Fellows will
conduct the for the prosecution. An extra panel
OF 100 jurors ordered for there will probably bo
difficulty In finding twelve who have no prejudice
in the Aldermanic cases. The testimony has been
arranged and tho is prepared that Mr. Nartno
| said yesterday that there would be delay far
| as the prosecution concerned.
Richard s. Newcombe McCabe's lawyer, has. how
ever, arranged plan which may delay the tria.
Physicians acting at the request of Mr. Newcombo
have visited the Ludlow Street Jail and examined
McCabe to his mental capacity. II the report OF tho
physicians shows that McCabe is not sane enough TO
prepare his defence Mr.. Newcombe will prepare tho
necessary adavits and the question of his sanity will
first be tried.
The Code of Criminal Procedure provides that when
there is question of the sanity OF defendant
mission may lie appointed by the judge OF the
examine the defendant Such commission was ap
pointed in the case OF William {. Rhinelander, who
was accused OF assaulting John Drake LAWYER The
usual form OF procedure however, and tnat which
Judge COwing always adopts, Is 10 nave the question
OF the mental condition of the defendant and his capac
ity to prepare his defence first submitted to jury.
Witnesses would then be summoned both sides.
II he found to be sane the trial might proceed
otherwise the defendant would be committed to An
asylum.
Mr.. MARITIME said yesterday that he had received no
official information that the question OF McCabes
mental capacity would be raised
As to the indictments against the alleged brbe-
givers Mr. MARITIME said 1t is not probable that any
indictments will be found against brbe gyers, except
those against under arrest who fugltives.
The whole question OF the completely OF the lawyers,
Bright and Scrbner, submitted to the Grand Jury
and passed upon by them and no indictments were
found. did decide anything in reference to them
but placed ali the evidence before the Grand Jury.
shall try the OF Jacob Sharp before that OF any
other OF the bribe -givers We have evidence which
will surprise the public. think that there will be
general pleasure well surprise TO find how CON-
petely we have come to the knowledge of all tho
transactions. The whole matter will be disclosed.
Sharp and the others will be arraigned to plead when
the McCabe is out of the way, probably tmc
next week.
Mr. Newcombe said yesterday: 81 Imeant precisely
what said when stated in court that McCabe Was
in no physical mental condition to stand a trial.
lie ought to be in Bloomngdae to-day rather than in
Jail. 1t is notorious among bis neighbors that he
is completely unstrung 1t is piece OF cruelty To
demand that he go to trial now
McCabe's condition hiss been closely watched by the
officials IN the jail since he sent there. According
to accounts emanating from there McCabe is just
like child" He seems to be dazed walks mechani-
cslly and amlessly about, and when asked question
will hesitate and delay and finally as likely as not
give an answer entirely outside the query. physl-
cian sent by Mr.. NcwcOmbe passed three hours with
McCabe yesterday examining into his mental condi-
tiOn. Mrs. McCabe was long time with her husband.
he goes to bis three meals regularly but eats ttle
Jacob Sharp downtown early yesterday and
was in consultation with his lawyers. lie called 40
the office of Robinson Scribner Il Bright. Mr: Serb
ner had gone to Albany to make argument before mo
Court of Appeals against the Cable hallway