New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-02-28
TO APPLY TO EVERY JUDGE
EFFORTS TO KEEP JOHN Y. MKANu
OUT OF SING SING.
BY TOMORROW NIGHT ALI. THE SUPREME COURT
JUSTICES WILL HAVE BEEN ASKED TO
GRANT A CERTIFICATE OF REASON
ABLE DouBT'-PossIBrLIrY OF
APPLICATION TO MEM
BERs OF THE COURT
OF APPEALS.
rpY rxrxeRapH TO rHK rx,oryyl

OF APPEALS.
lpY rErRaRapH TO INK rk,oru1
Albany, Feb. 27.-By tomorrow night II -
probable that every Supreme Court Judge in the
State will have been importuned by some one
representing John Y. McKane 10 grant Ger
tifca,e OF reasonable doubt through which
McKane can be kept out OF the Sing Sing uni-
form until after the appeal. which his attorneys
intend TO make TO the General Term OF tne
Supreme Court. has been decided. II such
certificate can be secured it will keep Mckane
out OF Sing Sing for two years at least.
Several OF his friends have been here In the
last twenty-four hours, and II is understood that
Judges Fursman, Mayhem and Herrick. OF this
district. have been appealed to in vain.
Mr. Roderick. who was one OF Mckanes at
torneys went up to Oswego this morning to see
Judge Wright and endeavor to obtain the certin-
cate from him. but without success.
Michael J. Dady. OF Brooklyn. one OF Mckanes
personal and political friends. was here to-day
with number Of Kings County men known to
be close TO McKane. waiting to hear the result
OF Mr. Rodericks trip 10 Oswego.
Mr. Dady and his friends disappeared sud
deniy tonight and IL was understood here that
Judge Wright having refused to interiors. NC
Kane's friends had Immediately separated ana
In couples intended to apply 10 every Suprems
Court Judge In the State. In case judge cam
not be found whS will issue the certificate, II u
understood that McKane's lawyers intend 70
make application to every member OF the Court
OF Appeals to secure the same sort OF stay tnas
Chief Judge Ruger. Of that court granted IN the
case of Jacob Sharp and which kept him out Of
prison after his conviction.
JUSTICE WRIGHT REFUSES STAY.
HE THINKS 1T WOULD BE IMPROPER TO RD-
VIEW JUSTICE CULLEN's DECISION.
Oswego ~ Y. Feb G.-william Kennedy OF
Syracuse and a New-York lawyer. arrived In town
this morning. and met Justice NJ. L. Wright al Ms
chambers. where they made an Informal apphSa pp
ton for stay OF proceedings IN the case vi jun
Justice Wright declined to hear the matter IN any
form. stating that as Justice ca,en dysrssv nav wo
be improper for him to review Justice culien's
cision. - A.. a.. -. ~
application quiet
Dispatches from Kingston ogdensburs, wate
say G nat sss up To aae ate e
Court judges m those places -
RUSHING THE SUTHERLAND TRIAL
MKANE NOT CALLED AS A wIrNpss-THr .rs
FENCE TO BE MADE TO-DAY. a
John Y. McKane remains a prisoner in RAY
by Justice Cullen on Monday. which SCI -
his stay here until he shall have given his ~ y
mony In the case Of Kenneth F. sutherian4
whose trial il now being held in Oyer and Terna-
ner Under Justice Cullen's methods OF pro
cedure It Is not likely that the sutherland case
will extend beyond Thursday II 1t reaches thas
day. To the surprise Of many the prosecution
closed at 315 yesterday afternoon Coionei
Lambs address lasted only forty minutes. ana
the witnesses for the prosecution were examined
and ss-examined at a rapid rate. At O'Clock
Justice Cullen was hearing an argument from
Mr.. Backus for the dismissal OF the case. on tne
grounds that Sutherland had nothing whatever
10 do with the arrest OF the men who went %
Gravesend as copyists on the Saturday nisns
previous to the election. and hence was not 10 |
anv wav responsible A brief counter-argument
was presented by Colone. Lamb, and Justice E
Cullen decided that the case should proceed on
the grounds that the indictment charged oppres-
sion and this charge extended to the acts Of
the police Justice who. without the presentation
Of formal charges, committed the men to Y
Ignouiny OF Imprisonment In the siation-nou
AT Coney Island and transfer to Raymond Stree>
Jail on the following Sunday morning.
The testimony offered by the prosecution was
In q general way a repetition Of that which was
given in the case against McKane. except that
at points the action Of Judge Sutherland, who
evidently co-operated with the Chief OF Police.
seemed 10 issue his orders in perfunctory way
in obedience to dictation from the man who -
now convict in Raymond Street jail.
McKane did not appear In the court yester-
day. but remained in the charge OF Sherih But
Ting. When the prosecution anrNunced the
closing Of its case Justice Cullen gave notice
that the order OF recall should be executed At
this point Mr. Backus presented a formal mo-
ton OF dismissal OF the case against Sutherland
on the grounds above narrated. The motion
was denied and the court adjourned on an APP
peal by Colonel James to the effect that he had
been 30 recently drawn into the case that no
was not familiar with the points involved. ana
would require time to consider them. Justice
Cullen announced that x was his wish TO hurry
the trial along as rapidly as was consistent with
the interests Of justice, and Colonel James ~.
pied that he believed early adjournment
would result in the saving OF several hours TO
the jury and Justice Cullen granted the ad-
journment with a misunderstanding that the
Of the defence must all be produced
to-day. even though the sessions Of the court
might be prolonged until late hour.
There was no crowdlng Of the courtroom when
the proceedings began at o'clock. The doors
~ fhs gallery had heen closed, and the audi
-nce confined to the floor chamber
The defendant. Kenneth F. Sutherland did not
make his appearance until several minutes after
Justice Cullen took his seat, but the Court good
said that hs would wait until the de-
fendant might appear. Ten minutes later Suther-
and strolled IeisuTey into the room. and took
his seat by the side " his counsel, MI Backus:
The prosecution was represented by Colonel
Lamb. who began his address as soon as the