New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-06-19
on the anniversary of my death" The estate Is
worth about $4,000.
ARGUING OYER M'HANE.
AN APPEAL TO THE GENERAL TERN OF
THE SUPREME COURT.
COLONEL JAMES AND Mr.. SHEPARD BEFORE
JUDGES BROWN. DYKMAN AND LANDoN


JUDGES BROWN. DYKMAN AND LANDoN
THE CASE NOT FINISHED.
The appeal from the judgment of conviction under
which John Y McKane IS serving a sentence OF six
Years in Sing Sing State Prison. and a motion for
a new trial were argued before the General Term
OF the Supreme Court In Brooklyn yesterday
Judges Brown. Dykman and Landon heard the case
The last named sat IN place Of Judge Pratt VINO Is
still III. McKane was indicted and convicted Of
aiding and abetIng the conceament OF Me registry
lists by the inspectors in Gravesend before the cleo
tion last fall. Colonel Z. c. James. of New-York
who appeared as NcKane's counsel when o stay was
sought made the argument In behalf Of The ap-
pelant, and the reply to It was made by Deputy
Atsorney-General Edward VI. Shepard.
Colonel James rected the facts of the case. and
then argued at length for the reversal of Judgment
and a new trial. He sail the proceedings were VOID
from want OF jurisdiction. as Governor Flower
had no power to appoint an extraordinary court oil
oyer and Terminer to try the case. As the court
had no jurisdict,, J. the Grand Jury had no power
to ind the indictment. The fact that there were
two Grand Jures at the same time was contrary
to law. McKspe's constitutional rights had been
invaded without valid presentment or Indictment
by the Grand Jury The facts charged in the indct-
rnent did not constitute the statutory onence OF
which McKane found guilty.
Colonel James reviewed the rulings upon the evil
dence and claimed that many of them were in
correct and that nearly everything was admitted
that was brought up by the prosecution on the plea
"Anythlng TO beat McKane" Errors in the charge
TO the fury were urged. and Colonel James SAID:
This verdict was against the evidence OF the crime
charged in the indictment. and the Judgment or
conviction should be reversed and new trial or
dered."
An elaborate and detailed argument was presented
against the motion by Mr. Shepard, who had pre-
pared a vouninous brief containing complete ex,
pose OF the system of Illegal voting in Gravcsen1
and the part McKane took IN It. He controversies
the arguments Of the appellant In detail w me
McKane was not a member OF the Registry Board
ne aided and allotted its Illegal and criminal acts
The verdict supported by the evidence ana
conspiracy was shown TO have been entered INTO
or the charge of Judge Bartiett Hr Sncl1rt ~
''The charge extraordinary for its perie.tl,fi
and the sedulOus regard for the rights OF tie
accused shown by the Court In stating the law IL
Is probably unique among the charges OF Juuses i.
the counsel for McKane were able to ins., upon Dut
@ single objection to IL.
Mr. She,,ard referred 70 the numerous Condolences
In the sequence of names VI the registry lists IN
Grayesend as proofs positive OF fraud. and showed
how the vote sweed far beyond norman proper
tons, and the inpossDillty Of casting 80 great a
vote in one day IN this he said:
THE total vote counted at GTavcsend on Inc even
Ing of Election Day 1910 If the ability - cast
his vote on one side the other really belonged TO
one man. rs the appellant claimed IL did and as. but
tinued 10 belong then the public power OF that man
not only 70 punish such candidates rs he dlskcd or
fea ned, but TO determine the political future OF MS
own county Of the State and perhaps OF the Nation.
was an enormous and glittcring possession worth
d strenuous contest 10 retain.
He argued that more than justice was done
between the people OF the state and Mckane by MS
conviction and sentence.
MIR Shepard had not concluded his argument when
the court adjourned for the day, and he VIII resume
IL this morning.