New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-02-28

experience as repeatedly detailed in The Tribune.
Dennis Buckley. an old man Of respectable app
pearance. testified as TO the sobrtety OF the
party whom he accompanied on that eventful
Night and a0 ms $50 son Dennis Buckley r., VINO re,
conceded. is a thoroughly temperate young man.
told OF his Incarceration under the bidding OF
Mckane and by authority OF the defendant
Thomas ]. Gerrity testified 10 the fact that
McNamara had taken occasional drink but
was In no sense Intoxicated. and then William
Poppei came forward In the line OF confirming
previous testimony. Francis ]. Pruzini also
testified In general way to the condition OF
the men whom he accompanied.
Frank Cottrell was also called. This young
man was positive witness in the McKane trial.
and had TO contend with the record In that case
In the cross examination by Mr.. Backus The
noon recess interrupted his examination. When
he reappeared Mr.. Backus took him severely In
hand. but the statements which he made cor
robcrated everything which had gone before.
An assault was made upon his private character
by counsel for the defence In an effort 10 show
that he had not been altogether regular In his
love and business associations. but little o.
comfort was provided.
MR. MACY CAUSES LAUGH.
One OF the men who went TO Gravesend on
the Saturday night preceding the election was
Thomas Gardner Macy. He did not appear IN
the McKane trial as witness. and In the
summing up counsel for the defence pointed to
the fact that he had not been called. When the
remark was made Mr.. Shepard stated that the
and that he was then present in court but his
testimony could not then be taken. Macy, whose
home is at Nantucket, Mass. is detective at
times and a mechanical engineer by profession;
when he has no employment In the engineering
line ne accepts engagements In detective work.
according to his statement on the stand yester-
day. He said he was one OF the men engaged To
90 to Gravesend In the interests OF Mr. Gaynor,
and was arrested on his arrival there Some
amusing incidents were developed by his state
ments to the jury. In reply to question by
Mr.. Backus in cross-exan,ination as TO whether
he saw Mcnamara drink anything that night. he
said that he saw him drink glass OF beer, and
then he added, "but II was pony OF beer Cen
eral Tracy VINO had just entered the courtroom.
asked In huUorous way what that was Mr..
Backus, who sat just behind him, called the at
tention Of the Court 70 the fact that General
Tracy had made this inquiry, and said: May II
please Your Honor. General Tracy has just asked
what a pony glass Of beer is whereupon Mr..
Weinberg. who sat near counsel FOR the defence,
and by the side Of General Tracy, arose rose and re,
Tracy what that means" loud burst OF
laughter followed. on the presumption no doubt
that Mr. knsw eG ewen while fd he
was driving his hammer on the desk IN an
attempt to preserve decorum
The witnes Macy told OF his treatment both |
by McKane and Sutherland. and how he was
promptly arrested and taken before the justice |
but much Of his testimony was ruled OUT; pc
cause his name was not included among those |
who were arrested on that occasion. Then Mr.: |
Backus turned on the man with a view TO be- |
hitting his testimony, through the bringing out |
statements
methods. The witness said he was not accus-
toned to always give his proper name. because |
It was necessary for him to appear oftentimes |
under cover. The purpose Of the defence was
70 (iscredit the testimony OF the witness by show
ing that ne frequently travelled under fictitious
NAMES: and this particular occasion he had
allowed himself to be known as Thomas Gardi-
ner. while his real name was Macy.
Elijah r. Kennedy. one OF the men VINO went
to the Raymond Street Jail 10 bail Mr. NC
Namara out on Sunday morning was called, but |
Justice Cullen ruled that the point was not
After Mr.. Kennedy left the stand, Royal M.
= eckle was sworn as witness one Of the copy
rs He is a young man, good-looking, with no
nsns Of incorporate life upon him. and employed
With a firm of commission brokers in lower
broadway He. was arrested with others. His
\ a tements were concise and inteligently uttered
lie left the stand with the impression on spec
ators that he had been most brutally treated.
,ot only by John Y Mckane, but by the de-
endant Sutherland.
IL MR.. BAcKuss MOTION DENIED.
VII motion was then made by Mr.. Backus.
IN the announcement by the prosecution that
hey had rested their case. to quash the pro-
wi1ings. and long argument followed
RoGbugh examination was made by Justice Gull
en- of the provisions in the Penal Code and the
decision was given forth that the case was so
,learly Of oppression so far as the indict-
nent was concerned, that the objection Of coun-
vel for the defence could not be sustained He
that 1t was for the jury and not the
Court TO decide upon the relationship between |
he offence and the individual charged with the
Of the offence. SO the motion for dis |
nissal was overruled. - - II
Colonel James. counsel for Sutherland, at AIS |
,clock asked for an adjournment until this
morning at o'clock. After some parleying this
notion was granted because Justice Cullen did
lot want to take any advantage OF the defence |
n the way Of snap" proceedings.
1t Is the general belief that the motion was
more In the interest of John Y. McKane than of |
<enneth F. Sutherland. Indications are that ,
he representatives Of McKane are securing the
'tate in search of Supreme Court Judge who
julien on Monday. Justice Dykman promptly
efused to listen to the appeal for stay, and | {
'ther justices in the lower part OF the State |
10 we'll as or two in the Hudson River
counties have announced their indispositon to | I
ouch the matter at all. So strong is the feel
pg on the part Of Democrats. as well as Re-
ublicans, that the proceedings against McKane
ave been justly brought and justly considered
" honest Jurists that 1t Is regarded doubtful {
any man occupying position on the Supreme
,ourt Bench will interpose his power to save 9
i'm. (
1t was learned yesterday that McKane had lost {
II hope Of stay being granted; that he is
making his preparations to go TO Sing Sing: that I
is brother has taken charge of his business
fairs and Is arranging them In accordance {
nth the wishes Of the prisoner. 1t is said
lso that McKane has declined to meet his /
amily before his departure for Sing Sing, but
hat he is In constant telephone communication
nth them and also lie corresponding with them
through messengers
a PLACE FOR DATID ~ CARVALHO .