The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-12-16
M'KANE NOT IN JAIL YET.
HIS LAWYER FILEs AN APPEAL FROM
JUSTICE B4RNdRD'S DECISION


| 1t u Ssid BY Lawyers That m Appeal Car-
not Extend beyond the General Term OF
the Court whose ORDERS Were Dcncd.
To the delight Of his friends and the chagrin
Of his enemies. John Y. McKane did not go to
jnil yesterday The cloud that had been hover
Ing above his head for n month was backer
and moro frowninR than IL had been on any
day before. but. to his great comfort II did not
burst although his enemies and his prosecu-
tors say the tornado is only averted for few
days
Justice Barnard having nled his decision on
| Thursday, Lawyer Jerry 4. Weinberg Of coun-
sol FOR tho prosecution went to Poughkeepsle
| that evening with orders OF commitment for
McKane. Justice Newton. and the three
election inspectors II was nearly mid.
night when ho got there, SO he had to
defer his visit to Justice Barnard until the
next morning. Early yesterday morning
| Weinberg appeared before Justice Barnard
and asked him TO sign the orders OF commit.
ment That being done he returned to
| BROOKLYN.
| All the morning McKane and his lawyers.
| George W. Roierick and eA-Judgo James
| Troy. had been hurryinE from ono place to
another throughout the Zig Office buildings In
| the neiGhborhood OF the City Hall. What they
| were after no one but themselves seemed to
know. At one tine ex-JuGge Troy was OBJ
served in the corridor OF the Court House
| talking earnestly to Hugh Mclaughlin, the
Democratic leader. lie spoke for nearly an
hour at the end Of which Mr.. McLaughlins
countenance wore the same expression as at
the beginning.
At 12H o'clock LAWYERS Weinberg Grout.
and Lamb. for Mr. Gsynor. went to tho County
Clerks ONCE with copies OF the five orders OF
commitment. Lawyer lioderick met them
there. and told them he was about to nprly to
Justice Sniisn Tor an otder to show cause why
When are YOU going to make this order re-
turnaIle" asked LAWYER Lamb. -.
Monday morning. ! should say, would be
good time" answered Mr. kolcricG.
Well; In that case, well hold 1nck the com;
mitments until then. 30 us not to ham per YOU
Lawyer EUdcrick thanked hin, aud went back
to his office. Col LamJ aiterward said;
Kann mercy "n mTt oh 70 % m nn
hands. and we can hold them back a month II
we like. They will have no trouble in obtain
should not he granted. such an order would
act as Temporary stay in itself. When they
assured us that they would lie ready to apply
for n stay on Monday we waived our right to
file the commitments to-day
As it is there IL hardly any necessity for
Mr. Roderck TO ask for an order to show cause
today ,, as we hayG G, Mnromsed not to Me tho
stay is not granted. or IL lie fails to ask for tho
stay, then the commitments will at once he
rested"
LAWYER Grout snid:
We do not wish to take advantage OF Mr.
McKane simply because we have the stronger
side. We want to give him every chance 10 es-
tahlsh his side Of the case"
Mechanics lawyers evidently changed their
minds about applying for an order to show
cause why u stay should not be granted for
they did not appear in court; During the after
noon, however. they filed their appeal to the
General Term from Justice Barnard : decision.
The commitment for John Y. McEanc n
COPY OF which he rend Yesterday afternoon.
specifically prescribes that tor his contempt
OF court in connection with the Gravesrnd
election proceedings hc shall be Imprisoned in
:he common Jail OF the county OF Kings for tho
a fine Of 500 He is Ia stand committed in
the county Jail until the fine is paid. unlrs+. he
order Of the court. The Imprisonment in de-
fault Of the payment Oi the line, however. is not
to exceed thirty days.
On Monday the extraordinary Grand Jury
will begin to investigate the election fraud
cases. II is generally Understood that the
election proceedings at Glnyesend will he
will be conducted 10y Deputy Attorney Gen.
ernl Edward y. shepard.
How long Mr.. NrKanc and his associates
will he able To- stave On Imprisonment or
whether they will be nba eventually TO eyade
punish ment Of any sort are questions that
have been asked by many persons recently.
These questions involve the right Of appeal
ings.
on this point. The opinion was general that.
as rule. one court could not interfere in a
contempt case, arising in another court. and
that an appeal in this case could ho made only
to tho General Term uf the supreme Court in
tho Second district. II could he mnGe there
it is held. only because the General Term is
constEuctlvciy a part OF the court whose orders
are alleged 10 have been disob'yed. Tho JUS
tce Of the General Term, before whom only
view are Jus tees Cullen. Dykman. Bartlett,
Brown. Trait. and Barnard.