Huntsville gazette., 1894-02-24

opened wide and Mckane, accompanied
by Sheriff Buttling, entered. He was
apparently the most unconcerned man
in the courtroom and walked about
talking to his friends, who one and all
shook him warmly by the hand. Every
one who saw him remarked his Won
derful nerve.
The prosecuting lawyers, L. NJ. Shep-
pard, Col Lamb and Joe Weinberg,
were also in court and held consulta-
tion.
MOTIONS DENIED.
AT 1906 Judge Bartlett took his seat
on the bench. Mr.. z. c. James then
stood up and said:
''Your Honor, | appear for the de-
fcndant, Mr.. John Y McKane. move
for a new trial under section 465 code
of criminal procedure, subdivisions 5
and O. Judge Bartlett denied the mo-
ton.
Mr.. james then asked for an arrest
of judgment on the ground that the
facts as stated in the indictment do
not constitute a crime. This was also
denied.
take into consideration that the de-
fendant had never been convicted of
any felony and that his previous good
character be taken into consideration.
Judge Bartlett said he did not see
any circumstances which would war
rant such discretion. Mr. James then
asked for stay of execution of judg-
ment for twenty days to enable the de
fcndant to move on notice of certi-
ficate of reasona bic doubt.
Mr.. Sheppard said that it would be
better for defendants counsel to wait
until sentence be pronounced before
making this application. Mr.. Shep-
pard then moved for sentence to be
passed.
THE PRISONER SPEARS.
McKane. when asked what he had to
say why sentence should not be passed.
replied:
l do not know that / can say anything but
what l said on the stand during the trial. ]
have never done anything wrong to anyone as
far as know. ! never did anything directly
or indirectly wrong with regard TO the election,
nor did / ever counsel anyone else to do any.
thing wrong. ] again say | am not guilty Of
any offense against the law.
THE SENTENCE.
Judge Bartlett then proceeded to
pass sentence, and said:
| do not feel inclined to disregard the
recommendation 10 mercy made by the jury
The crime which the defendant committed
was a serious one. That great crime seems to
be one that demands emphatic sentence. The
penalty should be so severe as to express due
condemnation while not so severe as to ex-
cite sympathy The sentence Of the court is
that the defendant be imprisoned in Sing Sing
state prison for six years.
There was dead silence in court for
a moment, and then amidst murmur
of voices through the chamber, Judge
Bartlett ordered the court to DC cleared.
CAUSE OF M'KANE's DOWNFALL.
The specific charge on which McKane
was tried and found guilty is that he
fraudulently procured that is to say,
counseled or commanded) certain cleo
tion inspectors to conceal the registry
lists which the law enacts shall be
open to the inspection of citizens,
whether for examina ton, reference or
copying. For long time McKane had
litical boss from whose decision there
seemed to be no appeal. At the cleo
tion last November William J. Gaynor
was a candidate for justice of the SUI
preme court He was defeated, and
began an investigation into the cleo
tion held at Gravesend. Mr.. Gaynor
found that the town which about
twenty months before had a pOpu la
tion of s, 400 had registry list of 6, 200
Looking into the details he found some
thing still more startling and alarm
ing.
He found that the Second district.
the Coney Island district, with popu-
lation of 1908, registered vote of 2,465
"a registry of voters 80 per cent. more
than all the men, women and children,
and even aliens. in the district. There
were only / 400 citizens, men, women
and children. In another census there
are 200 aliens in that district, yet with
/, 400 inhabitants, it registered vote
of ., 465. and actually polled vote of
1,512.
In the course of McKane's trial it
was shown that prior to election and
on the day of election Mr.. Gaynor had
demanded permission to inspect the
registry lists. This privilege was de-
MED him by the inspectors, under the
direction of McKane.
Died of Her Injuries.
CINCINNATI, Feb. 20. - Miss Anna
L