The evening world., 1893-12-19
DARK FOR M'kANE.
The Rights Of the People Must
Be Sustained"
Justice CuIlen's Significant Remark
in Reserving Decision.
Strong Argument Why John Y.
Should Go to Jail.

pending an appeal from Justice Bar
nard's sentence for contempt OF court
was disposed OF to-day as far as the
lawyers are concerned and the papers
are now In the hands of Justice Cullen.
Of the Supreme Court. Brooklyn.
The arguments were concluded shortly
after noon to-day. and in addressing the
counsel for both sides Justice Cullen
said:
II shall not write a lengthy opinion
on this case, because 1t Is to be decided
on. first, the question of whether JUS
tice Barnard's decision will hold. and,
second. whether he had the power to
issue the injunction.
ut Is not a question Of right as T.
is the right OF either party to take the
matter to a higher court. Nor Is II so
much a question dealing with the dignity
OF the Court. 1t is more a question OF
the rights of the people. which must be
sustained.
IF the Issuance of the injunction was
within Justice Barnard's power 1t should
mandate from one of the highest courts
In this State"
Justice Cullen then said he would re-
serve decision.
1t was the general opinion Of people who
had followed the trial that Justice Gull
lens attitude oil along imp'pied that a
stay would not be granted TO Mchane
When Justice Cullen opened the su-
preme Court this morning 1t was
rumore that some of the election in
States evidence. against their chief.
General, is prosecuting McKane. re-
fused to affirm TrS or deny Sny the net report p o
very far "a continuing his argument for
a stay this morning before 1t was
noticed that his line Of argument
caused by. a hin from Justice Cullen
who told the counsel that he was on the
wrong tack II he hoped - get the stay
Ex-Judge Troy had based his whole
argument on the legality of the %injunc-
ton Issued by Justice Barnard. which
McKane disregarded. .
trial for contempt, refused to entertain
this line of argument. by ex-Judge Troy.
Your Honor" said e%x.Judge Troy to
junction was illegal because the form
of 1t was defective In this instance, for
the reason that the relief asked for
s Gov snG not be be g Eon a. as the subject mat
"Counsei." said Justice Cullen. you
will have to go further into the matter
and nrisG GEoye that ste Justice the s sabiect m mat mo
otherwise. your argument Will be in
Ex,Judge Troy's face flushed as the
take he was making, and he FASTENED
to go deeper into the subject; ,,or,
Your Honor said ws sc CInsed 1sste eDHr;
%a afte e1e'' tsontinued Mechanics coun.
sci. " and I think with the indulgence
OF the Court we VIII be able to show
that at no time. did Mr.. Justice Bar
Lawyers VINO heard Justice Cullen
when he corrected ex-Judge Troy said
they believed 1t would hurt the Coney
Island c ah RS chances namss rel oS,a'b bw Mr a
Troy was believed to have been wasted.
AS ex-Judge Troy proceeded IN his
argument he dweit upon the app33'nt-
Buttling, Chairman Of the Republican
General Committee and Republican can
didate for Sheriff. MI Buttling
charge of contempt that the watchers
appointed for the Coney Island Chief
had certificates signed by a clerk who
had the necessary authority to make
signed the certificates for Mr.. GSynor's
watchers who went to Gravesend cleo
ton day. Mr.. Troy took up the law on
This injunction" said Mr.; Troy, was
the defendant. McKane. had said he
MOT %Sui res mesrasf of T the own %%se' WIN were
THAT alone shows that the proper
course for the plaintiff would have been
to apply, for a mandamus Why, the
eyil-if there was an evil-could have
been prevented ny a mandamus. They
can't come In at the last minute and
say that there was, no other remedy
Justice Cullen here interrupted Mr..
of course" said the Court. Judges
very often make mistakes. but Il seems
to me that a mandamus In this case
would hardly serve the purpose. Go
on with your argument, Mr.. Troy,
Ex-Judge Troy then attacked the
asked the Court II II could be reasonable
to suppose that there was none in the
town who could be trusted to act as
watchers, as was Snafged m .ne anids-
"For this reason, in order to support
this allegation" said Mr.. Troy, we
armed men,"
said; IT..
was no violation of the Injunction: the
Court had no jurisdiction over this case:
the relief asked for could never be
granted; there Is nothing in this case TO
show that this naked oredr had been
II think, Your Honor, we ought to
have a stay
posing The motion for n stay by COM
pairing the conterpt proceedings TO civil
actions wherein the plaintiff would have
4 different kim Of relief.
I'VE are not here" said Mr.. Shepard,
TO punisr McKane, but TO vlndicate
the court as an agency Of protection to
personal rights. II the purpose was TO
punish McKane. thrifty days, imprison-
ment and a Inc OF $3.50 would be made
lis it 1t not obvious to every one, II
this gross and extraordinary assault
on the Supreme o should so unpun-
ished for a year, as tim ust II Your
Honor grants this stay, that four-hfths
OF thc dignity and resPee, OF the Court
lIfe and property which II guarantees
Mr.. Shepard then went on TO Interpret
the law permitting the defendants TO
move for a stay, He said that Mr..
Gaynor's affidavit showed that there was
a conspiracy oil the part OF Mc<ane
| and otherS 10 prevent Mr.. Gaynor from
seeing registry lists as has been proved
before Justice Barnard.
I'VE showed Justice Barnard; SAD