The evening world., 1894-02-28
MoKane Gets a Respite Because
His Wife Is Very Ill.
Neither He Nor Sutherland Sworn
at the latter's Trial.
Case IL Closed and Goes to the Jury
This Evening.

trial or Kenneth r. Sutherlann, BOSS NC
kane's Gravesend Justice. was resumed
In the Brooklyn oyer and Terminer.
The report that McKane himself would
testify to-day In behalf of his lieutenant
had brought out the unusually large
gathering, but at that hour 1t was not
certain when the chief would be put on
the witness stand.
Justice Cullen's order of recall OF the
execution of Mechanics sentence IL only
operative until after his testimony has
been given. Then the Sheriff has In
%structions to take the Gear at once to
Sing Sing.
After a brief consultation with Col. =.
c. James. who Is associate for the de-
Tense. Lawyer Backus began his opening
speech to the jury for Sutherland. a few
minutes after . o'clock this morning.
He said that the main point to be
brought out In the defense would be
that the acts charged against Sutherland
In the indictment had not been commit
ted by him.
The commitment to Raymond Street
Jail was perfectly proper. Mr.. Backus
said that the witnesses for the defense
would show that Sutherland had told
each one OF the arrested men what the
charge against him was. had given him
an opportunity to get bail. and on their
failure to do this he had ordered their
transfer to Raymond Street jail until
| Monday morning, when he proposed TO
hold SQUIRT again and finally dispose Of
the cases. 49, t
When the prisoners were sent for by
Sutherland Monday morning. SAID Law.
yer Backus. 1t was found that Mrits OF
habeas corpus had been issued, and that
the men had been taken out of his 5urts-
diction. In some mysterious way the
papers In the case. which were made out
by the Coney Island Justice. had been
The fist witness called for the defense
was John J. Wilson. a keeper n the
he had destroyed the compliments and
recalls in the cases Of cNamn
said he couldn't remember whether he
had destroyed all the papers or not.
The witness said he a, de ;br Sea,s ssyentyf
the'yeGr when the new Sherif came into
office. The recalls of the Grayesend pris-
oners We're among among +, them syide Tse S commit naw
the recalls which went with these COM;
@ nhtrnci w des!5o !, ONE t tae' the p p=srJnsest
points urged against sutherland's
methods.
eh <@.S
the commitments were absolute n per
petual."
In answer to a question by Lawyer
Backus. the witness said he could swear
positively that the commitments OF the
Gravesend prisoners were all accom-
gained by recalls; signed by Justice
day morning following.
Michael lena pe +. M M,i + ~ of c t1ese Island ssl
who made out the complaint against
Mcnamara. Cottrell and Sickle. upon
statements made ny vi, Sergs, h bo =
tice Sutherland arrived at court Sum
day morning.
the Justice later the witness said that
Sutherland informed him that he was
charged by Policeman Macius with be-
Ing drunk and d~isorderly., that he was
fix his ball at 800.
Mcnamara. the witness said, stated
w%hereupon Justice sutherland said he
would remand him to the County Jan
till the following morning at s O'clock.
We're "" ree also Gso'S informed a Of the charge q
yagraney against them and were held In
800 bail each.
each case said serst. Murphy.
What is a short p" asked Lawyer
4 short commitment SIR" replied
Sergt. William Won Fricken destined
that he was In charge OF the station az
Coney Island Sunday morning when Mr..
Grout and other Brooklyn gentlemen
copyists. Won Fricken said he told them
that he did not know where Sutherland
was, but that there was a telephone up
stairs and they could call him up at his
house.
They did not follow his suggestion. but
went away and did not return. e said
he told them that Sutherland left word
that he would be around his house dur
"serst. Lewis NJ. Potter testified that
he made the arrest of the Gaynor copy
lists at the order OF John Y. McKane-
He got the message from the chief over
the telephone from Brooklyn early Sat-
urday evening. He searched the prison.
ers that night. He was also. In court
the following morning, when the PRISON.
ers were arraigned. and said that all the
valuables taken from them the night be-
fore were returned to them.
lie said Mcnamara was very drunk
when arrested. Justice Sutherland told
All the prisoners what the charge was
against them. and held them In ball till
The witness said in answer to Lawyer
Wernberg's questions that Gardner, the
detective. did not have any money. with
him. but had a considerable quantity Of
did You believe all the other men 70
be v%agrants?"
II did"
None of the last three witnesses was
able TO tell whether Macius. who APP
prisoners, vas a regular member OF the
Coney Island police force or not.
Abram L. Stillwsll. a venerable cliizen
OF Gravesend, and John +. Harris. Prin-
clpal OF the Public School at copsy
(Coahnued On Strsnth RsoG