The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1893-12-15
HID OWNS CONEY ISLAND.
But MeKane Is Not the Boss Of the
New York Courts.
SENTENCED TO THIRTY DAYS In
JAIL FOR CONTEMPT.

A History of His Remarkable Perform
ances AS Related by the Judge The
Wonderful Growth of Gravesend
in the Registration Lists-NIcKane will
Postpone His Visit to Jail By Enter
ing An Appeal-He Has Nothing to Say.
New York, Decem ber 4.-The decision
of Judge Barnard in the case of the
Gravesend authorities who refused to pay
any attention to his order allowing the
representatives of w. J.Gaynor, now Su-
prenle court justice, to see the registry
list, was made public in Brooklyn this
morning.
Judge Barnard finds the defendants
guilty of contempt and sentences each
to thirty days in the county Jail and to
pay fine of $3.50.
The men thus convicted are John Y
McKane, chief of police of Coney Island;
Justice of the Peace r. V. B. Newton
Harlan Crandall, James 81. Cropsey and
Nicholas J J.Johnson.
The decision in part follows: "Grave-
send, town of Kings county, had in
census of that year. This population
would call for registered vote of about
1900.
"This registry number agrees with the
vote of the town substantially for years
before the census was taken. In the fall
of That year the vote OF the town was re-
turned over 5000.
"In the fall of 1888 the registration
rose to GIG. The plaintiff, who was a
candidate for an important office to be
voted for at the November election in
1873. applied to the inspectors of election
for copies of the lists in each of the six
districts of the town, which all voted in
one building. The application was un-
successful.
"The plaintiff applied to this court for
its aid in compelling the production of
the lists so that the plaintiff could copy
them. The court instructed the inspectors
as to the right of the plaintiff to have
copies of the lists, but that his right was
no greater than the right of other citi-
zens.
1.-The inspectors were again applied TO
by persons acting for the plaintiff in
sufficient mum bers to copy the lists at
due speed if the lists were produced.
Tine instruction by the court was used
by the inspectors to battle the plaintiff.
Persons who were apparently employed
in copying the lists refused to give them
taneously with those pretended copyists,
for it is established that no real copy
was being made. noe
"The plaintiff applied to this court for
its aid. The party watchers on the part
OF the Repu blican party became the OBJ
jeect OF suspicion, although appointed by
the regular authority in sucn cases. The
plaintiff made application for other
watchers which were appointed.
! ALI the remedy left to the plaintiff
| was to have faithful watchers left at the
polls. Violence had been used to drive
away the copyists, and violence was an
ticipated to drive away the watchers.
Upon proof of the facts above detailed
| an Injunction was granted restraining
the defendants from interfering with the
/ watchers, SO clothed with the power of
appointment from the Republican or
gauization.
sit was not within the power of the
| defendants TO question the authority of
| the injunction orders. Was the order
disobeycd and by whom?
Here the proof is overwhelming in
favor of the disobedience first of Nc
| Kane. He knew of the Injunction order
and deied it; and he must be adjudged
| guilty of criminal contempt"
"a The decision also says Judge Richard
| V.B. Newton should be adiudged guilty
| of a criminal contempt, and continues:
The three inspectors of election,
johnson. Crandall and Cropsey, are
guilty of a criminal contempt for viola
| ting the injunction order"
| The decision concludes: "The accused
are fined each $z50 and imprisoned thirty
| days in the county JAIL"
John 7 McKane told a reporter today
that he would appeal the case.
Gen. is. Catlin, one of the counsel for
McKane, said this morning that papers
had already been prepared for stay IN;
der Judge Barnard's decision. He said
that the application for the stay pending
appeal would be made to one of the Su-
preme court judges during the day.
Edward M. Grout, Judge-elect Gaynor's
would be arrested as soon as the
necessary papers had been prepared and
furnished to the sheriff. McKane refused
| to be interviewed this morning. >.