The evening world., 1893-12-19
EDITION.
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.

John Y. .McKane's plea for a stay
pending an appeal from 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: g
II 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 10
the case in civil proceedings. where Il
is the right g Of n,s either ro party N to take a. the ne
much n question dealing with the dignity
Of the Court: 1t is more q question OF
the rights of the people. which must be
"If the issuance of the injunction was
within Justice Barnard's power 1t should
nave beer respected by every one a 2
In this State
Justice Cullen then sail he would re-
1t was the general opinion Of people who
had followed the trial that Justice Gull
lens attitude all, along impipieu. that Q
stay would not be granted to McKane
When Justce Cullen opened the SUI
preme Court this morning 1t was
spectors had been prevailed upon to tu-n
States evidence against their chief.
Mr.. Shepard who, as Deputy Attorney
f SsMeTf to ai IL pr or dsss' sshe M Tspoase
very far n continuing his argumsnt for
n a atsy t thst mhTis s llne oe of arsum Mnf
had suddenly changed. This change was
caused by. a him from Justice Cullen
wrong tack II he hoped to get the stay
asked for his client.
Ex-Judge Troy had based his whole
t aGsum issued on by the sju lsfes''Y Barnard n .ns which WHICH
McKane d~isregarded.
Justice Barnard, during MeKane's
tsIs ,i 1oe S sGn aTan%en ref by el. 5o sN.e troy.
Justice Cullen. W claim that the In
JUNCTION :, %as T Sesea ILLEGAL In G sSis Instance aas i0 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 over the suo'eet, mater.
E1-Judge ,Troy's face flushed as the
GSart he saI lied his msk s5,en, aSa S ss fns med
to "9 9o aee &ono ,n'G sa lae s so%ethins abou.
a sh,s sSs,se"t t son,i as Te a sIesea sss'e eoun.
sci. =" and I think with the indulgence
Of the Court we will be able to show
that at no time did MIR. Justice tSs sar-
Lawyers VINO heard Justice Cullen
when he corrected e~x;Jud:e Troy said
they believed IT would hui hurt ottheG oney
stay, as all the former rgum by MT.
Troy was believed to have been wasted.
As snlJu Ss dw TsSy u Poo'e the ap 1p nj.
ment OF watchers for McKane by W. }. ,
Buttling. Chairman of the Republican,
General G fSr sssr,a and R Mn' Ratt iHnr
swore at the hearing Of MeKane on. the
charge of contempt hat the watchers
appointed for the cSney Island Chief
had the necessary authority to make
such appointments. Mr.. Quitting later
signed the eertiiieates for Mr. Gaynors
ton day, Mr.. Troy took up the law on
the subject.
This injunction" said Mr., Troy, was
the defendant, McKane, had said he
would interfere with watchers who were
not residents of the town.
THAT alone shows that the proper
course for the plaintin would have been
to apply. for a mandamus. Why. the
evil-if there was an eyilneould have
can't come in at the last minut and
say that there was no other remedy
except an injunction"
Justice Cullen here interrupted Mr..
. "0f course said the Court. Judges
very often make mistakes. but Il seems
would hardly serve the purpose. Go
on with your argument, Mr.. Troy,
watchers sent down by Mr.. Gaynor. He
asked the Court II II 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 allegation" said Mr.. Troy. W
claim that they sent down a body of
armed men,"
''These are the points we make: There
was no violation of the Injunction: the
the relief asked for could never be
granted; there is nothing in this case to
that this naked oredr had been
II think, Your Honor, we ought to
Mr.. Shepard began his argument op-
posing the motion for a stay by com:
pairing the conterpt proceedings to civil
actions wherein the plaintiff would have
a different kind OF relief,
I'VE are not here said Mr.. Shepard.
ITO punisr McKane, but to indicate
the court as an agency of protection to
personal rights. II the purpose was to
punish McKane, thrifty days lmprlson-
ment and a Inc of $3.50 would be inade-
quate.
lis II II not obvious to every one. X
this gross and extraordinary assault
on the Supreme Court should go unpun-
lshed for a year, as tim ust IL Your
Honor grants this stay, that four-hfthg
OF the dignity and respect OF the Court
will be lost, and also the protection 70
life and property which II guaranteear'