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 Convulsec by Some Of the
Claims Made.

When Justice Barnard opened court this
morning in the Board OF Supervisors
chambers in the Brooklyn Courthouse
to hear argument why John y. MClianc,
the Kings County Supervisor and Coney
Island boss. should not be punished for
contempt there was "A big crowd present,
all 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 II large numer or
people who had come early to see the
Coney Island Pooh-Bah.
Gen. Catlin opened the case for Police
Justice Newton. who Is also CHARGED
with contempt. by reading the atida-
Wits of William Mckeon. David Patter-
son and Police Justice Kenneth F. Suth-
era Id, all of whom swore that Gaynur'S
men came to Gravcscnd Nov. ! ANA dis
turbe3 copyists of the Democratic Cen
eral Committee by attempting to copy
the registration lists of the town While
the others were at work on them.
Mr.. Shepard read an affidavit from
r. w. Palmes, who was with MIR. GrOut,
Gaynor's law partner, when he went to
Gravesend for a copy of the lists.
A.. Palmedo, a member of the New
York Stock Exchange, c~orroborated the
statement of Mr.. Palmes that they were
Iltl ollONti " y l"t llNl1.
Other statements about incidents on
Election Day morning We're corroho-
rated by Thomas j.. Deyery and Charles
Il. Hyde, who went with the party on
der.
Mr.. 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
work, he said, was lone by others.
At the reading. of the next affidavit Re
how McKane had procured the watchers
certificates, which were given to Grave
send people. The affidavit was from
Sheriff-elect William J. Buttling, Chair
General Committee.
Mr.. Buttling swore that on Nov. 4. at
the request Of United States District
Attorney Jesse Johnson, he signed a large
number OF certificates for Republican
watchers. which he intended should be
used by William j. Gaynor's watchers at
He said that previous to that date
many other certificates had been signed
by a clerk at Republican headquarters,
who used Mr.. Buttling's signature with
Mr.. Butling said that probably Me:
Kane's watchers had procured some of
the certificates issued by this clerk.
Mckan made a third affidavit, which
was submitted in rebuttal OF some new
ones introduced by Mr.. Shepard.
Mr.. Roderick then read an affidavit
from William O,Brien, who denies that
he had tried to bride the men hired for
Mr.. Gaynor to go to Gravesend, by offer
Ing, them $25 to swear for McKane.
MIR. Roderick 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
n were In a great state of agitation
men was expected.
we admit that there vas some dis
turbance on that day, but it did not
last fifteen minutes"
Then ex-Judge Troy began to touch
on the argument on the technical points
of the law. He claimed, first, that a
violation or disregard Of an order from
he Court. which is void. because the
Court may have no jurisdiction in the
case. was not a crime.
We claim that Your Honor, had no
Troy, =" because the afidavits upon
which the injunction was issued to pre-
vent McKane from interfering with
Gaynor's watchers were inadequate in
upon information and belief which does
not give the source Of the said informa-
ton and belief. -,
This injunction was asked for with
an idea of making it permanent"
Judge Troy then attacked William, J,
Gaynor's affidavit, upon which the origi-
He said it was based on facts which il
was impossible for the %deponent to nave
any Knowledge Of.
This complaint, sad the, counsel
Chief of Police at Gravesend ana a law
less character
Would the people of Gravesend elect
a awless character to represent themY'
He said that the atiidavits attached
to the complaint had no bearing on the
case. He took up the one of Foster, who
was a bartender at 'oney, Island. IL
swore that a policeman registered every
one in the hotel during JuIy, and told
them that unless they came down, and
voted on Election Day they would not
get employment the following Summer.
How does he CGaynoD know that?'
Now, this complaint says John y,
McKane intended. to do certain things.
Chief Of Police. Why, it has been said
that John Y. McKane Is King Of Coney
Island! That he rules the people ana
"He is only chief of Police, and could
not decide who should act as watchers.
AS Judge Troy proceeded, his arEu,
mtnt caused considerable nmuS"meh'
He said that the injunction had
been Illegally issued, and mat Inc 'uufl
had no jurisdiction over tn" case, De
cause the relief asked for could not be
JIdge Troy argued that unless the
Court could render final Judgment IN" -
suance Of IA temporary injunction was IL
legal. because the permanent injunction
could not be issued.
Judge Troy alluded to the men wh'
went down to Gravesend with the ord'|
from Justice Barnard on election day az
ragamutiins, but said apOlogctically tina
he did not wan to be dlscourt"uus L
Col. Bacon.
John Y. McKane," said Judge Troy
did not commit contempt. II was com
mitted by those who took the Oreder e
Gravesend. and under its shield violated
the law"
Judge Troy then closed the case foi
MCKane
Gen. Catlin took up the thread of Tho
argument where Judge Troy had leil
on, continuing in the interest Of Justice
Newton.
Gen. Catlin's address was almos
wholly against Col. Bacon, whom Ia
alludcd To as n soldier iuvincible il
peace ana invisible In war"
lie claimed that Col. Bacon was th'
..IIAinnl nnH nnrsnnal nnnmN of rkan