The evening world., 1894-02-27
%SUTHERLAND'S TRIAL.
Gaynor Copyists Tell Of the
Magistrates Oppression.
Gar Mckane Kept Out Of Sing Sing
to Testify In His Behalf.
But His Respite VIII Last Only
Two or Three Days.

When the trial OF Kenneth +. Suther-
land was resumed at 9 o'clock this morn
ing in the Brooklyn Cour OF Oyer and
Terminer scarcely a score Of spectators
had gathered In the big courtroom, and
there was an evident lack of interest
in the proceedings. as compared with
that manifested when Boss McKane
was the central figure.
Justice Sutherland. the defendant, who
n charged with oppression and con-
spiracy in unlawfully arresting Justice
William ]. Gaynor's copyists at Graves
end Town Hall on the Saturday night
before election day, sat all alone in the
centre of the room. Even his counsel,
Mr.. Backus. was not there to keep him
company, and he ooke nervous and I'm
comfortable.
Before the case went or Justice Cullen
signed an order. which was delivered to
Q deputy sheriff by Clerk Byrnes. direct
Ing Sheriff Buttling to keep John Y.
McKane at Raymond Street Jail until
he should be called to testify in behalf
of his henchman. Justice Sutherland.
When tine convicted boss will be
taksn to court g. Is n not yet certain II but
as Justice Cullen is determined II shall
be. 1t will not delay his trip to Sing Sing
longer than two or three days at the
The Jurors who are to try Sutherland
were chosen before the court adjourned
last evening. They are as follows:
EDWARD o'BRIEN. salesman. 1928 St Marks
JOHN VIOLET. carpenter. 27s Nostrand avenue.
HERMAN W. wINANs. manufacturer. 5sl Ma
DANIEL F. LACY. clerk. III Twenty-seventh
oTTo E. RUDOLPH. insurance clerk. ii. Bar
bey street.
ANDREW J. GUERIcK. manufacturer agent,
EDMUND TAYLOR. gardener. 1877 Ellery street
J. ~ 2s5 Hart street.
GEoRGE L. ROGERS. fish dealer, 45n Hicks
ANDREW D. RICE. transportation. 81 Sterling
JOHN R. GoRMAN. painter. 1903 Herkimer
street.
Lawyer Backus arrived in court a few
minutes after 8 o'clock, and inquired
whether Justice Cullen had granted the
order of recall. which will keep Mckane
in Brooklyn until he has testified as a
witness.
On being Informed that the Sheriff
had already received the order, and that
McKane would be kept in Brooklyn, as
long as he was needed, Lawyer Backus
said he was ready to go on.
Col. Lamb began his opening address
the story of The Grayesend election
troubles from the very first Of Mr.. Gay
nor's attempts to get copies Of the reg
opening that the testimony for the pros
ecution would cover about the same
sr SoI f as IN the Gw Mfk aitb tr apec,al force
upon the part played by Sutherland in
the arrest and absolute and perpetual
SGmm Msn, down of the fo G RaPty of e on ths
Saturday night previous to election.
In describing this outrage, Col; Lamb
used very vigorous language, and point
I'd franttent1v IN Ileticn Sutherland who
sat right behind him. The defendant
seldom looked away from the Colonel.
but sat with his eyes fxed upon nm
occasionally by a very perceptible
sneer.
at the opening. and Edward NJ. Shepard
came in soon after Col. Lamb began his
address. After dwelling on the indigni,
ties and insults which had been suffered
by the men who went down to the Town
Hall at Gravesend on that eventful even
ing. n had fallen into the clutches of
McKane and his henchman. Sutherland,
outrages, Col. Lamb closed his address
after speaking less than half an hour.
Gravesend. WIG, in spite Of himself, did
a good deal to convict Chief McKane,
was called as the first witness,
three years as a Justice of the Peace by
appointment, and jan, !. 1893, had been
elected for n term OF four years. lie
Kane trial regarding the location of the
Town Hall, its partition into the various
election, districts. The familiar map of
the Town Hall and its surroundings was
also introduced in evidence.
Lawyer william f. C. Mayer, the
partner of Justice. Gaynor, next took the
visits to Gravesend with copyists pre-
vious to election. He told how both Jus.
tice Newton and Justice Sutherland had
the polling places at the Town Hall. and
had insulted himself and Mr.. Grout, his
partner, when they asked to be allowed
Justice Cullen limited the range of the
testimony to acts in which the ~defendan
took part or when he was present. or
to show that Mr., Mayer had been active
In distributing an extra containing al
alleged interview With Mr.. Grout OF
election day describing the rn,e dra omt nj
such evidence. Mr.. Mayer stuck to hi
story OF sutherland's interference ant
obstruction OF the wo or ar SnI pa h!s Insult
The next witness called was John p
Mcnamara, who was clerk In Mr.. Cay
nor's aw office last Noyem6er' ana WIN
Mr.. Mcnamara went over. in great Dc
tail. his experiences at Gravesend on M
various visits there with w S5PeG'al T Tstfr
rated Mr.. Mayors testimony on a
points.
During the morning the courtroom
flled up with spectators. Justices Ne"
ton and Stryker. Constable Jamieso
and several other indicted Gravesender
came in and formed a little group abou
the defendant and his counsel.
Gen. Tracy came In and watched IN
proceedings for a while, but took n
part in the examination of witnesses
which was conducted entirely by co
Lamb.
Law Clerk Mcnamara testified that o
Friday afternoon, at Gravesend, Suthei
land was asked by Mr.. Circuit for n
name. He replied that 1t was Brown,
On all occasions that the witness visite
Gravesend he saw Sutherland either loa
Ing around Herrlein's Hotel or the TOW
Hall, watching the copyists.
Coming down to the night OF the arres
and Imprisonment of the copyists. NJ,
Namara described all that occurred a.
Ter the party reached Gravesend at T.
a NJ. Sunday morning, prior to ele'
tion day.
Sutherland was one OF the first me
saw after being seized and arrested,
sal1 Mcnamara, when l got on IN
We were all dragged to the Tow
Hall and arraigned before Sutherlan
There narn fA,rtnan ~ ne SufhpFl9I