The evening world., 1893-12-19
DARK FOR M'KANE.
THE Rights Of the People Must
Be Sustained"
Justice CuIIen's Significant Remark
in Reserving Decision.
Strong Argument Why John Y.
Should Go to Jail.

pciiuihB dH dDptdl lTOIn 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
counsel for both sides Justice Cullen
said:
Il shall not write a lengthy opinion
on this case. because 1t is 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 Is
the case In civil proceedings. where It
is the right Of either party to take the
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 a
mandate from, one OF the highest courts
Justice Cullen then said he would re-
serve decision.
1t was the general opinion Of people who
lens attitude all along lmp.pied that a
stay would not be granted to McKane
and his allies.
When Justice Cullen opened the su-
rumored that some of the election in
spectors had been prevailed upon to turn
States evidence against their chief.
General. is prosecuting. McKane. re-
fused to affirm or deny tie report.
Ex-Judge Troy had not progressed
a t stay ,a' this 81 .0n mornins n" Before i wa.
noticed that his line of argument
had suddenly changed. This change was
Sanse told Sy the q COUNSEL o,ma fr tSat } he Was on Sai tse
wrong tack II he hoped to get the stay
asked for his client.
,r En;Jsase on try roy , had Sas sf the he's ,n TaO1e
ton issued by Justice Barnard. which
McKane dlsreearded.
- Jpst Zee cd nssnnTd' r. auri9s to M sctsaIsis
this line Of argument by e~x-Judgs Troy.
"Your Honor" said ex-Judge Troy to
Justice Cullen, we claim that the In
OF 1t was defective in this instance. for
the reason that the relief asked for
could not be granted, as the subject mat
Counsel" said Justice Cullen. you
and nrove that Justice Barnard had no
jurisdiction oyer the subject matter mi t
Ex-Judge .Troy's face flushed as the
Court called his attention to to the as mis-
10 "99 Q qee &on ,r'G SAID Id something about
this subject just as we closed yesterday
sci, d" and l think with the indulgence
Of the Court we will be able to show
that at no time did Mr.. Justice Bar
Lawyers who heard Justice Cullen
when he corrected ex-Judge Troy said
they believed 1t would hurt the Coney
Island Chiefs chances for obtaining a
stay, as all the former argument by Mr..
Troy was believed to have been wasted.
AS ex-Judge Troy proceeded in his
argument he dwell upon the appPSSint-
Buttling. Chairman of the Republican
General COMMITTEE and Republican can
didate for Sheriff. Mr.. Buttling
charge Of contempt that the watchers
appointed for the Coney Island Chief
had certificates signed by a clerk who
had had, the , IesTssary pHrhoFiay TO m Iaa,sSe
signed the certificates for Mr.. Gaynor's
watchers who went to Gravesend cleo
ton day. Mr.. Troy took up the law on
This Injunction" said Mr.; Troy, was
issued or an affidavit Nov. I. which says
the ]defendant; MGKane, had said he
not residents Of the town.
THAT. alone shows that the proper
course for the PLAINTIFF would have been
evilHif there was an e%vii-couid' have
been prevented by ii mandamus. They
can't come in at the last minute and
say that there was no other remedy
Justice cullen here interrupted Mr..
Troy:
very often make mistakes. but i seems
to me that a mandamus In his case
would hardly serve the purpose. Go
on with your argument, Mr.; Troy A..
watchers sent down by Mr.. Gaynor. He
asked the Court II 1t could be reasonable
to suppose that there was none In the
watchers, as was charged in the afida-
Wits upon which the Injunction was is
sued.
this ,iF0 s,i th!s rssson s;n Ia Order sl. f f. support %
claim. that they sent down a body OF
In concluding his argument Mr.. Troy
"These are the points W. make: There
was no violation of the injunction; the
Court had no Jurisdiction over this case;
granted; there Is nothing In this case to
show that this naked oredr had been
II think. Your Honor. we ought to
NJ. Shepard began his argument OPP
posing The motion for a stay by com,
pairing the conterpt pr9eeedings to civil
u NiS 80 "SN
i different kind Of relief.
Eve are not here" said Mr.. Shepard,
ito punisr McKane. but TO vindicate
the court as an agency OF protection to
personal rights. II the purpose was TO
punish Mckane. thirty days imprison-
ment and a Inc OF $3.50 would be made
rs It It not obvious to- every one, II
this gross and extraordinary assault
on the Supreme Court should go unPun-
ished for a year., as tim ust II Your
Honor grants this stay. that f~our-hfths
OF tho dignity and respect OF the Court
will be lost. and also the protection 70
life and property which II guarantees?'
Mr.. Shepard then went on to interpret
the law permitting the defendants to
Gaynor's afidaVit showed that there vas
a conspiracy on the part OF Mckane
and others to prevent Mr.. Gaynor from
seeing registry lists as has been proved
before Justice Barnard. =.
I'VE showed Justice Barnard" said
] Deputy Attorney-General Shepard. that