New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-02-27

,rsr1cv CULLEN GRANTS AN ORDER OF RECALL |
WHICH WILL INSURE Ills PRESENCE AS \
WITNESS IN THE CASE AGAINST THE
cnAvrsEND JUSTICE or THE
rEAcE-roINTs IN THE
DECISION.
Although il was known that Justice Cullen's
oninion in the stay asked for John y. McNane
u,,s likely TO be handed down yesterday morn
,ny there we're few Of the hcnchmen OF the de-
fendant around the courtroom. General interest
seemed 10 have subsded since the verdict OF
tho iurv and the treatment by Justice cullen OF
the points raised 10y the defence IN the acuoh
ror stay There seemed to be a general m-
certainty as to where the announcement OF the
decision was to be made but quiet tip had
boen given to the newspaper men that the in
rrr,atio,, desired would be found in the room
- tho special Term. Although Justice Cullen
,,,s moi there the manuscript in manifold of
bis opiuion was ready for the press shortly after
u o'clock.
II NAV be remembered that after the conviction
tbe counsel for the prosecution assehted u a stay
until Monday. or one week from the date oi SEN
tsnce provided counsel for the defence should
nominate to the prosecution the Justice before
whom an application was to be made for stay
,fr Roderick applied to Justice Cullen after
court hours for stay. and ii was granted ou'
only until Friday. Had Mr Roderick acted
fairly with the prosecution there would nave
been no need Of argument until yesterday, and
his client would have gained several days OF
fraadom But Mr. ROdcrick chose to sneak, AT
q late hour into the home Of Justice Cullen. and'
while he received a temporary stay for his Client
IL abbreviated by several days the resl"ehce ol
McKane in Raymond Street Jail.
Justice Cullen handed down his decision in
quiet way ana the representatives OF the press
were fully informed Of its contents long pei"ie
the counsel for the defence were aware oi the
fact that the views Of the Court had been dis
tlibuted. although, as rumor goes eX-Juose i''S
and Mr. Roderick. as well NJ. Backus' knew
ON sunday night or early yesterday moENl"E'
that an opinion was to be rendered against their
ciant Three reporters carried the news 10
12avnond Street Jail but surprise was mani
fasted by Sheriff Buttng. Inquiries were al
once made as to when Mckane would De con-
veyed by him to Sing Sing. SheilH bu''''"7
remarked that it was the hrst lhloI'l'""'"
that he had received he must necessarily await
official advices. and that in his own discie'o"
he need nor take his charge to prison Wl'hlh
limit of twenty-four hours after oihclA H"uO0'
7, VS. evident that Sheriff Buttling intended to
avail himself of the privilege ana "Ai7 "''
s,atntorv II is a consideration extended to many
prisoners The commitment requires thal pms
oner shall be taken forthwith, and beyond 'he
racaint NJ the commitment and the transfer Oh
oony,ct the Sheriff is responsible for the safe
keeping of the prisoner ,,.,
But Yesterday morning the case ol he"ii''"
= Sutherland Justice of the Peace oi uIaNeS-
end. was called for trial on the charge ol
oppression before Justice Cullen IN oyer anu
Terminer. John Y McKane is party 10 'hS
indictment. and he is subject to call as d VII
ness The jurors impaneled were present d'
"a o'clock IN the same room in which Mchane
was tried Judge Sutherland was present VIII"
his counsel. Mr.. Backus, ana Jefe "''"'0'e 3
and Colonel Lamb appeared for the Pr0Secu-
,son Mr. Backus early in the proceedings ap-
rled to the Justice for recall OF the oiue'' ~
convey McKane 10 prison, on the gi'uhd Una,
he was party to the case IN hand ana "ouu
be required as a witness. The justice Was az
that time engaged in securing jury ana an
nounced that he would make his decision id''i
in the day. At the close OF the proceeu4ls'
he directed the clerk to issue a recall Tor Nc
Kane. requiring the prisoners attendance '
court after O'Clock this morning. Ine uhdei'
Standing is that McKane being a prisoner ii
RAYMOND Street Jail, and easily accessible as
witness. may on such order, remain in close con
ractinn with the court as a witness. II is MOI
likely that McKane will be called IN mat ca
Dacitv until after the prosecution has presented
its case and the defence opens. On the authority
however of Edward NJ. Shepard Deputy AZ
torney-General, the prosecution VIII not deh'
To John y. McKane the right to testify in th'
sutherland case because he is a party TO ina
case and because the prosecution Is ASSURE
by the defence that no further application 10
a stay will be made
Mr. Roderick, Of counsel for the defence IN
tmated that a stay would be secured from som
other Supreme Court Judge before twilgh'
There were rumors around the courtroom ina
an annl,cation would be made to Judge in
grabarn Of New-Yorb, and also 70 Judge DYE
man of White Plains. and that agents Tor IN
defence had appeared before these Justices bu
the rumors were not confirmed 1t IS Dehe'e
that the recall issued by Justice Cullen lor III
retention Of McKane in Raymond Street JAN
about all that Mr. Roderick meant in his s'al'
ment.
FORMAL. LANGUAGE OF THE DENIAL
Al 1851 o'clock the order in pursuance OF II
preliminary stay granted by Justice Cullen la
week was signed By him. 1t was supposed
have been prepared by the counsel for the pros
cution, and reads as follows
The defendant John y 70 MeKane e., h9yinE Da dpPn, PT
under sections 81 ana ~ Eagay 1puS rllnn ust
of The supreme Court. at the said Special Term, Il
n cer,ifcate OF reasonable doubt as 10 whether -,
not the Judgment OF ccnviction rendered ~ , ~
CONT ~ over and Terminer Of the County OF hlhS
or ihe 10Th Of February. 1894 against the salG q
fendant for the crime Of misconduct oi reg.su
officer should stand. -, . -,
Now. upon reading the affidavit Of Foster
Racbus verified February ~. 1884 the notice sa
scribed by George " Roderick, attorney Tor !.
defendant February 90 1891 and addressei 10 u
Dis,rict- Attorney OF the County OF Kings. al
stenographer's minutes Of proceedings upon n,, q
trial and the other papers mentioned m sdid lol
s,ihscriied hv the aforesaid George W. Roderlc
and after hearing Edward ID James; Cal;lh rfTo
and 1;eorgc " Rodcrick. Of counsel on behah
said motion and on reading the afhdayit OF r
ward NJ Shepard. Deputy AttGrney -G,necal =, r "a a,
hearing BENJAMIN f. Tracy and Edward NJ Shc2ai
deputy Attorneys in opposition To tor6s 70 ss
be and the same hereby Is. denied, and sald cert
L.. .l.,li.. il