New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-12-20
MKANE'S FATE IN DOUBT.
JUDGE CULLEN RESERVES DECISION ON
THE MOTION To GRANT A STAY
THE QUESTION HE SAYS. IS NOT WHETHER
JUICE PAENARD'S ORDER WAS RIGHT,
But WHETHER HE ACTED wITlI


JUICE rAENAED's ORDER WAS RIGHT,
But WHETHER HE ACTED wIplI-
IN HIS POWER.
ru,ca C,;llen reserved decision yesterday on the
question of granting stay OF inc execution y,
sentence pending an appeal from the uec'sioh Vi
Judge Barnard in the matter OF contempt Vi cou''
by John Y. Mcl<ane and others IN Vo'a'ihe '"e
Injunction granted the day before the election
IT. t,,,a,aI .bot his lie ,lslon would depend upon
tho question whether the judgment would stand or
M, ~ n STAY in this was not matter vi
right The two points to be consiuereu' " ~,
mind were whether Judge Barhard hiu ~"
ton and the power to grant the inJunc.o"' anu wv
evidence az 20 whether IT mad been violated or NOT.
The proceedings opened with continuation Vi
the argument Of ex-Judge Troy. VINO ahesea 'na'
,he jurisdiction Of the Supreme Court should nave
bcer invoked by mandamus which was tue P'opo'
remedy To get an Injunction was 10 ueeiu' '"e
whole matter in advance. II was not puo''' p'o
caeling but a private action. II there ""S al
error the defendant should have the pe"'"' VI
stay. . . c.or,
,rh. DANNY Attorney General, f. VI. Sheparu'
argueI that the proceeding was to protect the 'ou
irene Court and the citizens OF the STATE ANU ''''
the punishment was incidental II such o"""h'0'
cont.r,pt Of court should go unpublished Tor !ea'
The ,no,ya and reason for the procedure Wouiu ,IJ
largely lost Four-ifths of the eiihi Goubt as
he DESTROYED. There was no rrasohaole Dho,ous
DO.
e,nId have been futile after the experience vi W.
,r.ok before the election In GrayeseHu. ~,
by nuhG,or c %s against Mcane. II the pro
ceedlng to be turned no r,'nJ tho cnIirt
almost the total protection thrown arouiu ''' ~
by statute would be lost ,a roo,oa General
After ex-Judge Troy had briefly replied, liz" niInreI
c,1tiin smoke for r. v. B. Newton. ana a'e lin
that there was evidence that ne ihterde' Ca,"nei
watchers in Gravesend on Elton IN driyync Grout
Lamb answered that Newton aideu III u''e
and his party from the town cuor so,d.
After taking the papers, Judge cullen sa Union
sr.in
and viii state now the lines on which l shaii
determine. This IL not IKE clVL oasS III, as In a
not entitled to stay as matrrr r %, caTrv II no to
the Court Of Appeals II he wlsh,S TO- ,nan,s lin
was So in a criminal case even when it ,au In q
criminal case has never been a matter or rlen.
Here the statute saws what shall govern me gran =,
ing Of saythat u.s. rriso,iD yh raSeni ass.
Co cxactlv analogous "A criminal case. ana tnis ~
in one sense criminal case Inc fg g vl
ueoplc through the supreme Court are InN V.ta
H., tho nnwrr OF punishment this court maintains
or Ter AT this moment II Is by mat po"ti INA. '"'
sutton gets his right rs T criminal case as
administered by the court itself for the pu1os. oil
enforcing It's authority. for the sake OF the su,,ors
governed entirely by H." fact ~ 10 Whetl''i aiis
Judgment would stand or not. The dignity OF any
court requires that II shall be upheld even al tne
expense OF human liberty u ! believe therT wa
jurisdiction and that the injun ton was VioiateI
shall dcny and while should regret ltnoiffai 1t
Court differ from myself. ! am not responsive.
| must proceed according to my judgment inc
question Is not whether Judge barnard ORDER was
right The question IS. Was II Within or without
his nower2 II II was within his power, however
erroneous. every one was bound 20 respect IL ihe
land / shall consider the power of the court to
grant the order and. secondly the evidence 70 NOV
/ Shall consider. and will render a decision as
soon possible.