The evening world., 1893-12-07
M'KANE'S ARGUMENT.
he Denies the Jurisdiction of
Justice Barnard.
Therefore Could Not Be Guilty OF
Contempt Of Court.
Audience Convuisec by semc Of the
Claims Made.

When Justice Barnard opened court this
morning In the Board Of Supervisors
chambers In the Brooklyn Court House
to hear argument why John Y. McKane,
the Kings County Supervisor and Coney
Island boss, should not be punished for
contempt there was II big crowd present,
al expecting to hear something sensa-
tional.
This was the third day OF the hearing,
and interest in the case seemed to have
increased The court officers were com
PEELED to turn away a large numer OF
people who had come early to see the
Coney Island Pooh-Bah
Gen. Catlin opened the case for Police
lust Just ce Newton who Is aisG charged TSs
Wits of William Mckeon, David Patter-
son and Police Justice Kenneth F. Suth-
erla nd, all of whom swore that Gay,nor
tuTbed copyists of the Democratic Gen
eral Committee by attempting to copy
the registration lists of the town while
the others were at work on them.
NJ. Shepard read an affidavit from
+. w. Palmes. who was with Mr.. Grout.
Gaynor's law partner when he went to
Gravesend for copy Of the lists. w.
a. Palmedo, a member of the New
York Stock Exchange, corroborated the
statement of Mr.. Palmes that they were
not allowed TO see the lists,
Other statements about incidents on
Election Day morning were corrobo-
rated by Thomas j. Devery and Charles
II. Hyde, who went with the party on
that day to serve Justice Barnard's or
der
MIR. Shepard read an affidavit from
Justice-elect Gaynor, denying that he
had hired any one to go to Gravesend. or
that he had seen certain men. That
4 the reading of the next affidavit Re-
putlicans locked pleased as 1t explained
how Mckane had procured the watchers
send people ~fT The ~ts adsvit Sh was va from from
Sheriff elect William J. Buttllng, Chair
r1an Of the Kings County Republican
General Committee. --.-a.
the request of United States District
Attorney Jesse Johnson, he signed large
number OF certificates for Republican
watchers. which he intended should be
used by William ]. Gaynor's watchers at
Gravesend.
He said that previous to that date
many other certificates had been signed
who used Mr.. Buttling's signature with
his permission.
Mr.. Butling said that probably Me-
Kane,s IA , watchers had ,prosured some of
McKane made third affidavit. which
was submitted in rebuttal of some new
ones introduced by Mr.. Shepard.
Mr.. Roderick then read an affidavit
from William o. O''Brien, who denies that
he had tried to bribe the men hired for
Mr.. Gaynor to go to Gravesend, by offer
ing them SIS to swear for McKane.
Mr.. Roderlck then closed the case for
McKane, and eX-Judge Troy began his
address to Justice Barnard.
On the morning of election day." he
said, the people of the town of Graves
end were In great state of agitation
over the report that a body of armed
men was expected.
We admit that there was some dis
npa N haf low h,,t NJ
last fifteen minutes
Then ex-Judge Troy began to touch
on the arsument on the technical points
Violation m or disregard P of an 'or order s from n
the Court. which is void. because the
Court may have no Jurisdiction in the
case, was not crime ~
Troy, " because the afiidavits upon
which the Injunction was issued to pre-
Gaynor's watchers were inadequate in,
asmuch as the statements were based
upon information and belief which does
not give the source of the said informa-
This injunction was asked for with
an idea of making 1t permanent"
Judge Troy then attacked William, J.
Gaynor's affidavit, upon which the origi-
lie said it was based on facts which It
was impossible for the deponent to have
any knowledge OF
This complaint" said the counsel,
begins by saying John Y. McKane is
Chief of Police at Gravesend and law
less character
would the people of Gravcsend elect
a lawless character to represent them?'
lie said that the afildavits attached
t. the complaint had no bearing on the
case He took up the one of Foster who
swore that policeman registered every
one In the hotel during July, and told
them that unless they came down. and
voted on Election Day they would not
get employment the following Summer.
How does he (iaynor) know that|'
exclaimed Judge Troy.
Now, this complaint says John Y.
Mckane intended to 40 certain things.
Chief OF Police: Why, 1t has been said
that John Y. McKane Ia King of Coney
Island! That he rules the people and
"IIe Ia only Chief Of Police. and could
not decide who should act, as watchers T."
AS Judge Troy proceeded, his argu-
mtnt caused considerable amusement
He said that the Injunction had
been Illegally issued, and that the Court
had no jurisdiction over the case, be-
cause the relief asked for could not he
granted.
Judge Troy argued that unless the
Court could render h9Gl imdgment the t. +
" SUI bfNhNEN wv ''J '''NN''''
could not be issued.
Judge Troy alluded to the men who
went down to Gravesend with the order
from Justice Barnard on election day as
ragamufIins, but said apolngetically that
he did not want to he discOurteous "a
Col. Bacon.
John Y Mckanc." said Judge Troy,
did not commit contempt. II was COM
mitted by those who took the oredcr to
Gravesend. and under its shield violated
the law"
Judge Troy then closed the case for
MCkane.
Gen. Catlin took up the thread Of tho
on continuing In the interest OF Justice
Newton.
Gen. Catlin's address was almost
wholly against Col. Bacon, whom he
alluded to as soldier invinciOle In
peace and invisible In war"
He claimed that Col. Bacon was the