The evening world., 1893-12-19
DARK FOR E'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.

JOIN Y. Mechanics plea for a stay
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
counse for both sides Justice Cullen
said:
Il shall not write n lengthy opinion
on this case. because 1t IL 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.
1T is not a question OF right. as IL
the case in civii proceedings, where 1t
is the right of either party to take the
matter TO a higher court. Nor Is It 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
have been respected by every one as n
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 Cul-
lens attitude all along imp pied. tina. IA
stay woula not be granted To Mlckanc
and his allies.
When Justice Cullen opened the SUI
preme Court this morning 1t was
rumored that some of the election III
spectors had been prevailed upon TO turn
States evidence against their chief.
Mr.. shepard who, as Deputy. Attorney
General, IL prosecuting, Mckane. re-
fused s.. to- affirm TOR or deny SSnnyy TIE rep nrpgressca
very far In continuing his argument for
a stay, this morning before 1t was
noticed that his line OF argument
caused by. a mint from Justice Cullen
who told the counsel that he was on the
wrong tack II he hoped 10 get the stay
Ex-Judge Troy had based his whole
argument on the legality OF the %injunc-
tio1s issued by Justice Barnard, which
Justice Barnard. during Mckane,s
trial for contempt. refused to entertain
this line OF argument by eX-Junge Troy,
Your H1nor'". said sx,Ju ,bat Trey Fbs ito to
junction was Illegal because the form
of 1t was defective in this Instance, Tor
the reason that the relief asked for
could not be granted. as the SUBJECT mat
Counsel said Justice Cullen. "you
will have to 20 further into the matter
jurisdiction over the subject matter,
complete"
EX-Judge Troy's face flushed as the
Court called his attention to the ms,
take he was making, and he fastened
to so deeper into he subject; o,,
Your Honor. said something about
his subject lust as we r TcK ses'e coun.
sci, " and l think with the indulgence
OF the Court we win be able to SHOW
that at no time. did MIR. Justice Bar
lawyers VINO heard JUSTICE Cullen
when he corrected eX-Judgc Troy sad
they believed It would hurt the Con"y
Troy was believed to have been wasted.
AS cx-Judge Troy proceeded IN ms
argument he d%eit upon ,ne h apP n 2
Fulfilling, Chairman of the Republican
General Committee and Republican can
a,da.s for Or b she e'nr o, , Nix; a ho on ihs
appointed for the Coney Island Chief
had certificates signed by a clerk who
such appointments. Mr.. Butt!ing later
signed the certificates for Mr.. Gaynor's
watchers who went to Gravesend cleo
ton day. Mr.. Troy took up the law on
This injunction" sold Mr.. Troy, was
issued on an affidavit Nov. 4. which says
the defendant, MGkane, had said he
would Interfere with watchers VINO were
not residents of the town.
THAT alone shows that the proper
course for the PLAINTIFF would have been
%evilEif there was an evil-could have
been prevented by Il mahlamus. Thor
can't come In at the last minute and
say that there was, no other remedy
Justice Cullen mere interrupted Mr..
'.0f course" said the Court, Judges
very often make mistakes. but 4 seems
tn mo that "a mnnuAlnlS IN THIS Gaze
would hardly serve the purpose. O.
on with your argument. MIR. Troy
ETiJnds soD, T G9yr 1 by Mr "t GaTn@r. H.
asked the Court II II could be reasonable
to suppose that there was no one In the
town who could be trusted to act az
Wits upon which the Injunction was Is
sued.
For his reason. in order to support
this allegation" said MIR. Troy, we
armed men
said: r,a.
was no violation OF the Injunction; the
Court had no jurisdiction over this case;
the relief asked FOR could never %
granted; there Is nothing In this case to
show that this naked order had been
Il think, Your Honor, we ought to
III. shepard began his argument op-
posing he motion for "A stay by com,
pairing the contempt proc,edings 70 ,civi'
actions wherein the plaintiff would have
4 different kind Of relief.
we are not here" said MI. Shepard,
ito punish McKane, but TO vindicate
the court as an agency OF protection to
personal rights. II the purpose was to
punish MnKane, thirty days imprison-
ment and a fine OF $50 would be made
us IT not obvious to every one, i
this gross and extraordinary assault
on The Supreme Court should go unpun-
ished for n year, as 1t must be II lour
Honor grants this stay, that f9ur-fifths
.uii he lost, and also the protection to
life and property which 1t guarantees?
MIR. Shepard then went on 10 interpret
the law permitting the defendants TO
move for a stay. He said that MIR.
Gaynor's affidavit showed that there was
"A conspiracy on the part OF Mckane
and others 10 prevent Mr.. Gaynor from
seeing registry lists, as has been proved
before Justice Barnard.
/ sgxuA shauvad InaflnA RA rnATd.' said