The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-02-27
M'KANE AGAIN KNOCKED OUT
JUSTICE CULLEN REFUSES a CERTIE-
ICATE or REAsONABLE DOUBI

ICAIb VI hhAhONAbLG DOtbfp
net the Ex.Bo.s OF er-ve.sss VIII Not 90
% si.n sIse Untu He has TssiIaes ~
Jusuee srth-rissa's Trtsi-This Nss.s a
Delay OF At Lest Two DsJs-I- the Ia
tsrysi SIS. Lawyers viii Appeal % Other
Jusse.-rsiIurs OF n. Appeal to jus
tIee D,k1an-Js-ties Crii.n's Dssi.io-.
John Y. McKane. the ex.idol OF Gravssend.
got his third. and what will probably prove to
be his last knock out Yesterday when Justice
Edgar ~ cullen Of the Supreme Court handed
down his decision in the application OF Nc
Kane's lawyers for n certificate OF reasonable
doubt The decision was adverse to Mckane
on every single point which had been raised
By his LAWYERS, and IL was so full that II left
him not leg to stand upon. and no excuse to
appeal to any other Justice OF the Supreme
,Tourt for a similar certificate on the ground
that tho merits OF his claims mad not been
.iully looked into.
The nling OF the decision vacated the stay
which Justice Cullen granted when he con-
scented to hear the arguments OF Mckanes
counsel in support OF the plea for certificate.
Under ordinary circumstances this would
mean that McKane would be on his way to
fBtate prison in Sing Sing by o'clock this
morning, but yesterday the trial Of Justice OF
ihe Peace Kenneth T. Sutherland OF Gravesend
was begun In the Court OF Oyer and Terminer.
Justice Sutherland is the magistrate before
whom tho Gaynor copyists under young
Mr.. Mcnamara were arralgned after they
had been arrested the Saturday night be-
fore election. and McKAns. II is declared by
the lawyers for Judge Sutherland. who were
also McKane's lawyers. will be a valuable Wit
ness for Sutherland. So this morning Justice
Cullen will Issue writ Of recall which will
keep McKane in RAYMOND street Jail. or in the
Court House until he has given his testimony
in Justice Sutherland's behali 1.-THE expecta-
tiOn OF the lawyers for the defence are fulfilled.
this will be at least week. but II Judge Cullen
is right that trial will be finished within two
days BY tomorrow evening or Thursday
morning McKane may be on his way to Sing
Sing prison. Ono OF the counsel for the prose-
eution says that Mr.. McKane's counsel
agreed not to make any further application for
certificate Of reasonable doubt. Mchane's
counsel refuse to deny or confirm this. There
10 nothing to prevent their renewing their ap-
plication before other Justices OF the Supreme
Court. but the chances for such a certificate
being granted after Justice Cullen's decision
are very slight. indeed.
Although it was known that Justice Cullen's
decision would be handed in yesterday morn
ing. Sheriff Buttling thought 1t best not to
D. a W 80 , I'm ."o Na'
vidsd instead messenger who was to bring
the news to tho Jail as quickly as It was made
known. Neither this messenger nor any OF
McKane's lawyers were in court whsn the
Justice came In. Tho decision was not an
nounced from the bench but was handed by
the Justice to the clerk for fling. The report
ers got It from the clerk. and 1t was twenty
minutes after it had been handed in before
any OF Mchsnes friends learned what IL was.
Justics Cnlisn hsgan nv SAVING 'a''
'" =. Ts ounen o'.an o. saylne
involved In this application | expressed my
nn,nion ON tha oronm.nt s,,,I Oh. o-ayi,v -,
the case and the earnestness and confidence
with which the objections to the Judgment
against tho defendent were urged by the able
to r.e1.mino the Vows T then expressed. To- NV
me pf'ne.osi oolee.len ureeu IL thas the
defendant not having been registry officer
ma ,h.rafors con,% nn, -. nnnn'.,. ns nans.
~. .' 'holsiore, oou'u no. DO con'ic.oa uhder
tho Judge. has never been the law"
And than h. cjtsd c,..s .imiI.r % .,o..
cited BY Assistant Attorney General Shepard
on the argument They were OF the conyic-
ton Of persons for crimes OF which thsy could
not have been physically capable of commit
ting. and in the cases cited the physical i'm
vas grsst an. mnr. snor.nn ~. nns
Eanss pbXscai incsosc,tv fe nc man as was ne
ofiicer' because all the places Of the SinS Esrs
sirssdx HIlsS fnntn,ppna ~ " .i,H NInu n9to
In such casss n The nsrsn0s va. nrs ss.n,
th,y weTs nIincinai. in ~ q sacnnS Saep any
the,. va ~ pn nresti.ai All evonu SeEIea Dut
Two deersss OF nrinc,naI .Tba s .weon one
nrzss No Sifya,a,ca h.taa.n IN nc Nv m ieeVg-
principal in tbs irst dsnrsa and tba nryD.Jaf
IN The second acgrse. hofb ",a aana pnei ,p
And 40 immstar,sI yos az edH.sinJngunV
nractics that M Indi.,ms,t no s lhetlon IN
SniIt az that 81 ,ha nrincinai ~ axe the
lei there was no yapianea and conyIction
sonIa hs npnnarlv az sna ah IiOn vIcuo 2
Tha djfysrsncs ha,xaan 80 ~, .a,shiua,u, -
s,neI did moi IL in az h aiesasy anu pIin-
.etancX ~ The SsIands n, ~ .emni, com
oerson Lut in the FACT of ia npas.nn a act IA
ssncs - Ihs scana FIR ~ m.s W ~
son,mIssion Snch ~ n.y. a. =. tno io o. us
HI the dsfendant thsIefops vas actnaIis nras
ant ~ tha cnM jssIon - ~ "aS aosuay pIesi,
nave been conyicted OF thu cri1a iisaii eyan
60 ~. ooS NJ ~ nno csms tseu even
Sods the distinetIon Ss,Ws.5 10 o. unS rshal
,ora tha "a ~ M ,ha n,iucInsI S1th
nj ara Tns AZ nrincipais IL AZ EIi,,a .sneu aua
.his stata nh sal an r9 Di ~, case IN
shsnnon IN Michta:n, 70 a Wtoh ~ .ne ease OF
1uestion then discnsseS rsIstad Mt - ,hhs