The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-03-01
M'KANE NAY GO UP TO-DAY.
ne WIZ HdTE ONE morn, BOHETgR,
IN HHICH HE WAY M s1VED.

Trial EFds-Ncknne was NOT NHUce
Uros 50 1s-iIiy-Ths Jaty " Stiit Dat.
Lawyer Backus and Col. Edward G. James A.
counsel for John Y. McKnne. entered into =
stipulation yesterday afternoon at o'clock
with Lawyers Weinberg and Lamb. assistant
deputy state Acknowledgement not to make
any Effort to secure any further stay for the
Gravesend ex-idol on conditl on that he be per-
mitted to stay in RAYMOND street Jail until
noon to-day. This clemency was asked By
McKano's counsel and granted By the prose-
cution on the plea that AicKanes wife was very
III and 1t was no more than right that chance
should be given her to get we'll and call TO sec
him before he was sent for siI-yesr soiourn
IN Sing Sing
While nothing IL known certainly about H. II
r. altogether likely that the prosecuting law
yers will learn to-day that. in addition to Civ
ing chance TO Mrs. McKane 20 see her hus-
band they have also given TO McKnne's law
yers another chance to apply for n staJ TO keep
him out OF Jail. Had IL not been for this stipu-
lation McKane would have spent last night In
Sing Sing prison. The stipulation lie simply
that the lawyers won't apply for stay before
II o'clock to-day. There is nothing TO prevent
their applying at 1901 o'clock. and nothing to
prevent the lawyers from utilizing the time
until then in preparing the application. so that
there will be no delay. and II a Judge can be
found to grant Il there will be plenty Of tine
TO get IL before the l o'clock train. on which
NcKane 10 booked to go to the State prison.
starts
While there has been only one regular stay
for McKane and that was for only three days.
Il has been ten days since he was sentenced
and the Sheriff was ordered to take him forth
with TO prison. This result has been accom-
plished in this manner: The day McKane was
sentenced to go forthwith the counsel for the
. b.tt 90,
. delay OF one week in the carrying out OF the
sentence. provided the lawyers on the other
side would notify them when. whore. and to
what Judge they would make the application
for a certificate OF reasonable doubt The
lawyers for the defence agreed to this. but
did not carry out their agreement. They ap-
piled to Justice Cullen without notifying tho
prosecution. Then was tho time they got tho
three days stay. That was heightened to
full week. for IL required four days more
for the Justice to reach and prepare q
docislon. But the moment that decision was
rendered tho original Judgment that he be
taken forthwith to prison became operative.
Tho same day that Justice Cullen decided
against the certificate the trial OF JUS
tice OF the Peace Kenneth j. Buth-
.rand. McKane's henchman. began; The
LAWYERS for the prosecution seized the OPP
told Justice Cullen that McKanc would be one
OF tho strongest witnesses for the defence, and
asked that he grant an order on the Sheriff TO
was a defendant under the same indict.
ment that Sutherland was TO be tried under
and there was nothing to Indicate that no
might not be valuable witness on Suther-
which operated to Keep MeKano in Raymond
street iail until he was needed a, q witness.
MA BssEss al sh
scour the STATE for supreme Court Justices.
They went to Albany. TROY. syracuse. Oswego.
who was willing 10 Interfere in The case. At
the last minute yesterday they applied to Jus
This was the second time Justice Hardin had
been appealed to to save a dig political boss.
William NJ Tweed's lawyers went to him. lie
denied theit application. as he denied that OF
eosr houss IN SIooty
testify for Justice sutherland when their ap-
able him to testify. and the ,presumntion
clearly was that he was going to testify. When
tho stand. and said that the time had come to
revoke tn the recall u he wa, ,h not put % the
want him for witness at all:
Then there was nothing between the ex-idol |
would have gone ON that mad not tho stipula- |
ton INTERVIEWED. But 1t did intervene. and at |
he wss ten no GS m S9f sas
the reporter yesterday that there was nothing |
70 prevent rev the eo9nsei Tor inc defence apply
The defence in Justice Sutherland's case
went In Yesterday morning The witnesses |
noon Sheriff Igttline came 10 and talked with
wanted to- produce McKane as a witness to-
Col James duringi recess and would let the |
Court know Justice Cullen looked somewhat |
iii he Is produced he must be produced
.il; il hs isn't called directly after recess
The shsrr. who had time bles with him and
Lawyer Lsekus told the Justice that McRaHe
wouldn't be called and It wasn't two minutes
uttered into BY the lawyer. As II to make 1t
more binding than q mere tran saction depend
vas drawn up and signed aud the Sh.rifi ' Wit
,ssssd the SIGNATURE. While this was being
OF the first time since his conviction he talked
With reporter. The cunversation was as fol-
Well. Chief do, you expect to go up tn.
Pm afraid it looks that way. Iguess I'll
Have you given up hopeT"
Yes. have Determine that must 60"
9q I, don't ~ think tneS VII take you to-day
No; do not. Before left the prison to-
wfs sen to see . 70 Is NJ .b to
o In some other OF the family will. and then |
Viii De ready. But dld want TO soe her"
Is 1t true that your brother has been set
ling your business A1airsl"
Yes he has been working at them since /
lrst went to Raymond street Iail They are
rot all In the right shape Yet. hut ] hope he
will have them liked oy tonight. and then
vill 9e ready to go in the morning want to
ny this 10 you. am not guilty OF the charge
n which / was convicted. had nothing 10
10 with the last election at Gravssend. either
ne way or the other. ! never interfered with |
ny body and anything that was done there By
he registration officers was done without my |
4 |
nan"
hmm sdiAtsly after this interview and the
igninE OF tho stipulation sheriff Buttling
ook Mehane back TO the Raymond street JaiI |
Ihsro he Will remain until about hvo minutes |
asst II o'clock to-day. lie will start then for
tate prison. In Company with the Sherin. |
Instructed by a stay.
The evidence after recess in the Sutherland |
ase vas. rs was that at the morning session.
be same as that offered In the MeKane trial |
he defence closed its case at o'clock and | :
here were hall a ,iOzen witnesses in rebuttaL
hen the prosecution offered part OF the tes- |
mony given by sutherland in Mcksns's trial
his was TO make up tho omission mentioned
TEE SIN yesterday. the prosecution having