The evening world., 1894-02-28
PRISON TOMORROW.


Island, swore to seeing Mcnamara voml,.
ing. frequently he evening in question,
ana MAJ he was very drunk
IT was reported about loon that Nc
Kane would probably not he Produced
as a witness to-day. as the d.fense
would %cndeavor to prolong the trial ever
tomorrow. In order to secure more time
IN sppiying for a stay. justices Newton
Iector Norris. are to b. called as wit
nesses first. and their examination was
expected to take considerable time.
Edward IL. Gordun ANA Francis u.
Gallagher, both Gravesendcrs. testified
that they had seen Mcnamara intoxica-
ted, at Herleln's and Conrad S~tubcnbcrg
and John j. Gavin. of Coney Island, both
erland in the vicinity OF Police Head
quarters. at Coney Island, Sunday morn
inE and afternoon on several occasions,
court to find out whether Mckanc was TO
be p%roducei as q witness to-day and
whether the recall would I've extended.
what he proposed to do about calling
Mckane.. In reply Lawyer Backus said
that he had not yet decided about call
Ing Mckane, hut would consult with
nounce at 2 o'clock whether Mckane
would be brought in as n witness or not.
II he IS produced he must be pro,
people at the JAIL said Justice cullen.
and added: III he isn't called directly
after recess I will vacate tho recall"
Mckane was brought into court at
o'clock.
A platoon of police had been stationed
in the corridor OF the Courthouse to
preserve order.
forming "a lane, through which the de-
posed boss of GraNesend was led by
Sheriff BATTLING.
McKane was brought over from Ray
nnnI Sfrnnf Intl IA thu lEpttrt.ItniCn HI,
Sheriff Quitting at 1.45 i. NJ. He came
into the courtroom n few minutes be-
fore . o'clock and took his seat in the
centre of the room, beside Justice Suth-
crland.
The chiefs face wore a harrassed and
troubled look. and he showed very
plainly the effects of his Imprisonment
and the worry and anxiety OF the last
two weeks.
II do not know whether | am to go
up this afternoon or not he said to an
Evening World" reporter.
"My brother, however, is in charge Of
my affairs, and has arranged every
thing in case | shall be obliged to leave
Brooklyn this Afternoon.
he continued, Il sent down to my wife
at Coney Island. asking II possible that
she come up this afternoon. SO that !
may see her before ! 20 away.
II am told she IL very III. and am
afraid that she will not he able to come
up. although | sent down a carriage for
ntT.
McKane was surrounded by his Graves.
end friends as he sat in the courtroom,
before Justice Cullen came in, and re-
ceived what sympathy and consolation
they could give him.
He seemed to be pretty thoroughly
broken up. and when Col. James came in
and sat down beside him he listened to
his whispered conversation with a long,
was packed from rail to door, and every
inch OF standing-room was occupied.
When Justice Cullen resumed thebench
at 2 o'clock. Lawyers Backus and Wern-
berg, Sheriff Buttling and Hugo Hlrsch.
his counsel. came forward to the Judges
desk md held a brief consultation with
him. Then all the lawyers adjourned TO
a side room. and there was a wait OF
about twenty minutes.
When Col. Lamb returned from the
conference II was learned that the coun-
sci for Mckane had stipulated that they
would not apply to any Supreme Court
Justice for a further stay OF proceed
ings. II McKane was allowed to remain
in Raymond Street ALL till noon to-mor-
The ground upon which this request
was made was that Mrs. Mckane was
very dangerously III. The lawyers for
had signed the stipulation, As soon as
Justice Cullen had been Informed of this
decision, he remanded McKane to the
Jail. and Sheriff Buttling went out OF the
courtroom with his prisoner.
No public announcement OF this was
made In court and very few in the room
knew what had been done; a large por;
ton of the crowd followed MciSane and
the Sheriff from the courtroom. The
boss was Immediately taken back to
Raymond street Jail
The trial Of Sutherland vas Their re-
sumei, and several more witnesses We're
examined as to the condition Of Nc
Namara on Saturday night. Bartender
Heoriein SAID that between 2 and 3 =. NJ:
on that day Mcnamara drank about
Twenty-Five glasses of whl-key.
Lawyer Backus then announced that
the case for the defense was closed,
It had been expected that sutherland,
McKane and others would testify. No
reason was given for this change OF
tactics by the defense.
Col. Lamb recalled Mcnamara to the
stand to rebut the testimony OF the
witness of the defense as to his alleged
intoxicatIon at rGavesend.
Then the stenographer, Requa, who
took the evidence in the McKane trial.
was called to show what sutherland had
| then certified to In regard to the pro-
ceedings held in the Town Hall Saturday
col. James objected to this on the
ground that the prosecution should
have brought out this before they closed
offered In rebuttal OF any thing.
Justice Cullen said that he took this
view OF the case. and he could only al
init the evidence as IL matter Of dis
~ ~ '''' - - '''
the whole case again.
Col. James declared hat this was
what he objected to. that the defense
had met the prJsccution's case, and they
d!d not care TO go all over the matter
again.
II then became apparent why the de-
Tense had closed its case so suddenly and
unexpectedly. 1t was intended by the
prosecution to bring out these facts on
the cross-eXami1ation of Sutherland, and
by not bringing him on the defense
sought to keep out this damaging testi-
mony.
Justice Cullen allowed the evidence to
be introduced and the ~stenographer read
the testimony which showed that Suthcr-
land admitted he had actually held court
at the Town Hall that night.
After several Witnesses were called IN
rebuttal. the case for the people was de-
clared closed.
Counsel for Sutherland announced that
they had no more to say on the subject,
and the summing up for the defense
began at $50. The case will go to the
jury tonight.