The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-12-19
THE M'KANE GRAND JURY.
JUSTICE CULLEN'S CHARGE nv THE
INTEREST or PURITY OgELEC1IoNs.


The People Mus Not ne Tea 10 Doubt
the Honesty Cr Vote Cnst-ArEuu,ent
for Stay IN the Contempt Ease.
The arguments for a stay for John Y. Nc
Kane. pending an appeal from Justice Bar
nard's decision. sentencing him 20 thirty
DAYS Imprisonment for contempt In counec-
tIon with the Gravesend election. began before
Justice Cullen in Brooklyn yesterday after
noon. ana will probably be concluded this
morning. For the greater part OF the day jus
tice Cullen was busy selecting tho eNtraorhl-
nary Grand Jury which IL to investigate the
charges OF election frauds both in Gravesend
and elsewhere. When the jury was finally
completed the Justice delivered a. charge in
which he vigorously denounced election frauds.
Mr.. McKano was asked by the reporters Tor
the statement he had promised to make.
oh. can't talk to you" he answered. "un-
til I'm out OF the woods I'm not out yet"
In the mean time an effort was made to have
Justice Pratt In Supreme Court Chambers.
hear argument on the motion 10 show cause
why stay should not be granted in the con-
tempt case. Justice Pratt refused on the
ground that Justice Cullen had granted tho
motion. Then rush was made to the Court
ofOyer and Terminer. where the extraordi-
nary Grand Jury was being imp pan elled. Jus
tice Cullen said he would be ready to hear the
motion at 2:30 o'clock. At that hour the law
yers all appeared loaded with documents. Ex-
Secretary Of the Navy BENJAMIN T. Tracy ar
rived with Gen. Catlln. but he took no part in
the proceedings. After a long wait during
which the extraordinary Grand Jury was
charged by Justice Cullen. Lawyer Roderick
began his argument for the stay. He was
followed by ex-Judge Troy. Lawyer Roderick
declared that Justice barnard had had no ju-
rsdiction In tho Gravesond affair and there
fore his Injunction was properly not recoR-
nlzed Ex-Judge Troy was explaining how no
one could he held In contempt for vo ating tine
order. since II had not been properly prepared.
when Justice Cullen interrupted him with:
You have got TO go deeper. and show. not
that the order was wrong; but that the Court
had no power to grant It,"
At 4:15 o'clock Justice Cullen adjourned the
Court until 10 o'clock this morning.
When the selection OF extraordinary grand
Jurors began. LawS ers Frederick and Troy ON
behalf OF Mr; Mckaue insisted that they had /.
Jury. Justice cullen ruled In their favor. AS
result every man whose namo was called
MS 20 whether he hod formed any opinion
against John \. Mckane. or knew anything
Tho Jury selected was AS follows:
Henry W Yackpi. Is o Flushing avenue.
s sHS Sh Ss i' 3 p.:.
frank rank M , horse trainer, KING. highway,
avenue. ','' $50 '''"'"''''' '' vernon
hrank Grattan. bookEgsper blt Vanderbilt avenue.
Charlie, A. Ti,h. tinsmith. canar,Is.
John Eesh0n sonJcc!,ons5,; i;5ss Broadway
TSSms. H;sas! aoei Gslldsr IS gSssvs s pl.e.
John !. Nase, restaurant, 40 second avenue.
sa%'i s,S. i,.;.1
case GOmpsny Fourth avenue and Warren street,
nanis! uDonnelI. electrician Abraham a straus.
Michael +, Gconnor hardware. ,52I willonshby ave
nue.. member Twenty hrst Ward Democratic A.socis
Isaac Warren. hotel. Flatauds Bay.
Justice Cullen. in his charge. said. among
=" Ii is tho fundamental axiom Of our Govern
ment. without which We could not proceed.
marvellous instance OF that about eight years
ago. when Government OF sixty-nvo millions
another, involving u no turning cut OF office OF
thousands OF people. Now that would only !
was honest. and once you make the peopls
doubt the honesty OF that vote. then one party
T NOT t95n .6s G0vet t the other
honest vote and when PEOPLE believe that put
ting In fraudulent yotc and cheating in max
ing fraudulent certificates OF the result OF n |
canvass are lust as dishonest as any other |
kind OF forgery. why then there will be fewer |
;" II has been charged hero that In the town
OF Gravesend there was fraudulent voting; |
provisions OF the law; that access to the seeiso
try list should be given to all the public; that |
when the Courts mandates wero sent there
they were openly and contem ptuousy disre- |
garded. Ii made no difference in the result OF |
the canvass. but that is the charge. 1t is also |
charged that within this city there were |
fraudulent votes cast.
Now, II this be true. there has been n most |
dangerous crime committed. Ii Is not only |
the fraud or tho moral criminality OF the Of |
fence. hut II II can he done open aced. boldly
and defiantly II any person, no matter who or |
what he IL, can disregard the mandates OF the |
Court. government comes to an end.
The Legislature has made provision that |
the list OF registered voters shall be open to |
tho examination OF the public. Charges are
made here that when. In the town OF Graves
end. application was made to get these regis
tered lists, they were refused. Now. il mattars
not whether the vote was honest or not. This
Is a safeguard which the law directs. and no
matter whether final crime was committed |
or not IL Is tolerated to no one to resist the /
provisions Of the law which were Intended to
be- carried out
1T was the duty Of these inspectors to keen
ono registering list posted and to keep the |
other accessible to public exam ination. That
must Ds Judged reasonably. IL depends on
tho size Of the place the number OF inhab-
ltGnts, and the excitement OF the time. IL they
Tall, however. in that duty. then they violate
the law and are subject TO the penalties pre-
scribed in the Penal Code"