The evening world., 1894-05-29

the Attorney General and the county to
the great trouble and large expense of
trial, :.
The extreme penalty for the crime OF
the prisoner now under consideration is
seven years imprisonment; but, as l
erSsa that se one TO Sea hs
imprisonment for which he is now
under sentence may fairly be taken as
part of the total Imprisonment.
Only Nckane's subordinate.
II deem 1t also proper to remind the
Court that the prisoner was not the prin-
cipal promoter and actor In the Graves
end crime, bu, was himself in a measure
the subordinate OF John Y. McKane.
other sentences that because OF the infor-
ma,ion. as to Mckane's participation in
the crime obtained by the prosecution
since, since his c9nyictlon the prosecution on
remposed, feel 1t to be their duty to ask
the one which he now suffers.
I'm my opinion the great inequality
of position between Mckane and Suth-
erland. as well AZ Sutherland's present
submission, make IT proper, that the
former sentence included, shall not
reach the onehalf OF the extreme pen
atty of seven years. l also ask the
SSSGt TO- consider ihst b in bs ss
made a complete disclosure of his par
ticipation in the. wrong-doing;
Upon the submission of the prisoner
to the judgment of the Court. and upon
his actually serving out the. term Of
Imprisonment to which he has been
already sentenced and to which he shall
now be sentenced, the People Will not
press against him any of the other in
dictnIents or otherwise prosecute him
for his share in the Gravcsend crime
But this promise of the People is sub
posed upon the inspectors of election
namely. 'he condition that he shall. II
and when required by the People, pub
lcly verify and testify to the facts in
any court or proceeding.
When 1t shall appear that no such
testimony VIII In any event be needed
remaining indictments against him will
take place"
Gould the prisoner have been extra
dited fol any OF these offenses?" asked
Justice Bartlett.
mo, sir; I think not. The treaty does
not include crime of this character" said
Mr.. Shepa d.
Justice Bartlett then passed sentence
Must Go to Sing Sing.
"In view, Of the fact that Sutherland
agents In the scheme OF crime which cul-
| minated on election morning in Graves
| end, said His Honor, mo punishment
would be ADEQUATE which did not include
some confinement in State prison.
| Under the sentence already imposed
by Judge Brown. Sutherland would go
! TO the penitentiary for one year and
That sentence has been passed for
| his conviction of oppression. 1t has
| been adjudicated and the Court cannot
| 'I have considered the matter care
| fully and the recommendations made by
| the Deputy Attorney General that your
Imprisonment should not exceed three
years
II am inclined under these circum-
stances to give you a reduction Of four
"The Judgment of this Court therefore
is that you be imprisoned in State prison
at Sing Sing for period Of one year year
by Justice Brown, making In ali two
years and eight months that you will
sutherland bowed, and picking up
his nat hurried out Of court Sheriff
Buttling holding him by the arm as
he walked.
Other Indictments Quashed.
After the disposition of Sutherland
case, Mr.. Shepard addressed the Court
las, follows:
The Sutherland case being terminated, I now
desire to make definite disposition. subject te
the approval Of the Court Of all the Indictment. %
my advice by the Grand Juries In December
and January last.
| Inenta- for -neglect Of duty under the Election
law found against John Y. McKane. Richard
"Sas. eompo.n'
the Town Board Of Gravesend. The crime
charged was the failure to divide the town intc
| districts Of 400 voters each.
This Indictment was based to a considerabl,
extent, as appears from its allegations. upon
he supposed vote cast in the town in 1892
That vote, as well as the vote in 1898. is now
ascerained to have been in large degree fraudu
%ou e ass Hs tn ha oe the
did not at the time OF their supposed failure o.
duty contain more than. or indeed many as
tha MA Nfiitr uDnta rTfv pIa,
the law for six districts. 1t would be necessary
therefore. for the People to insist upon thu
town divided. as 1t had been by the previous
Board in the cunning and irregular fashior
which brought all the districts together at thu
The duty of districting originally rested upon
board consisting OF the Supervisor. the Assessor
and Town CLERK, and 1t was until 1892 that th'
duty was deyoved upon the Town Board. includ
ing the Justices OF the Pence.
In view of the conviction OF Mckane Newtoi
and Sutherland for more serious crimes SHOULD
not deem It wise TO press this Indictment agains
at the present time justifes claim OF crimina
after the election Of 1882. / therefore move th
dismissal Of this Indictment.
Kane's to He Held In Allegiance
demurrer to the indictment for conspirac.
found by r, the December I Grand Jury was @ sustaine
orense OF conspiracy was merged In the create
der other indictments all the defendants in tina
indictment have been adequately dealt with
There remain eight indictments against McKane
which | propose shall rest in abeyance while h.
suffers the punishment To which he has alread
been sentenced. II he shall serve out that sen
tence II is not proposed to press for trial an,
other of these indictments.
| The Inspectors OF election and Richard v. 3
Newton and Charles r. Morris were SENTENCED
upon the irdictm. mt for conspiracy In procuring
the casting OF n fraudulent vote found by tn
January Grand Jury. There remains indict
ment against Newton. that for contempt o
be further prosecution OF him for the Gravesen
crime. his prompt submission when there was N
indictment for felony against him and before tn
evidence se now have was in hand to sustain
an adequate indictment against him. havin
saved him from further punishment
Leniency for Those In Prison.
Against each of the inspectors who pIeade
guilty to the January conspiracy indictmen
there remains felony Indictment for concealmen
Of the registration lists As in the O
sutherland. ne OF these Indictments will b
pressed. nor will any further prosecution OF then
or OF Charles +. Morris take place. upon thei
observing their promise to fully state the fact
OF the crime whenever and wherever called upol
by the People. Upon Jamieson's serving ou
the Imprisonment to which he sentenced
FOR perjury uVon the Michael f. Moore indictmen
1t will be deemed proper IN dismiss the other thre
indictments against him for perjury. In the veN
OF the People the four peruJries for which h
was indicted were In substance single act
This dispose the TWENTY-FIVE Indictment
found for the crime at GraveseEd against twenty
| three OF whom twenty zee