The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-03-15
GUILTY, BUT NOT ON HAND.
JUSTICE sUTHERLzND WAS ABSENT
WIEN mrs JURY CAME IN.

Brs wherssbo.i. va. Net Knowr Ls..
Might, but che Lawyer. were connasrt
that Hs Had Not Rur Away-Copvictea
OF Oppression az IN. GY.vese-d EieetIep.
Justice Kenneth F. Sutherland Of Grsvssend
must follow his fallen chief. John Y. McKane,
into retirement. His second trial for judicial
oppression OF the fourteen Gaynor copyists
who were sent to COPY the Gravesend registry
lists ended yesterday afternoon In the Court
OF Oyer and Terminer In Brooklyn, and the
jury. after little more than an hours dellb-
GRAFTON. brought in a verdict OF guilty. It could
not be ascertained last night where Sutber-
land was All the lawyers in the case said.
however. that they were confident that no had
not run away.
Sutherland was not present when the verdict
was rendered. He had not been 10 formal GUS
tody at any time during the trial. When JUS
tlce Brown had delivered his charge and the
jury retired at 3:47 o'clock Sutherland put on
his coat and left the court room Just like an
ordinary spectator.
The jury came in few minutes after
o'clock. Justice Brown noticed the absence
OF Sutherland and asked where he was. Law
yer Backus explained that Sutherland had
gone to New York with Col. James. his senior
counsel Justice Brown then received the ver-
diet. and announced that he would sentence
tho prisoner on Friday.
Sutherland did not turn up last night at his
home ut Coney Island or In any OF his accus-
toned haunts in brooklyn. In consequence
the question was asked II he had disappeared
for good. His friends were confident that he
had mot. There are other indictments hang
ing over Sutherland besides the one on which
he was tried. One OF them 10 for conspiracy.
He Is altogether under $4,000 bail
"a ohar1a of thu Sharin during
his trial. and II he had been in court when the
verdict was rendered he would not have been
taken into custody unless sentence were pro-
nounced. Mr.. Backus, his lawyer. informed
the prosecuting attorneys that he would be
responsible for Sutherland's appearance in
court tomorrow morning for sentence.
Col Lamb and Mr.. Weinberg. who conducted
the prosecution. said that no steps had been
taken to have Sutherland arrested. and that
the offence being q misdemeanor only. his
didn't seem to tn Ink that he had taken to flight.
sSpeet.d auieiness Of the jury n ' rsaoh r
verdict vas the only cause Of his absence from
s s1d has d hsi GS thnt 81 % Graves
sutherland was In and around the court
room dp, ,1S the long nbsenSe Of the jury at
wore discharged after failing to agree. His
bonds In the oppression charge werc 50. 500
ceived no official notice OF Sutherland's con-
viction and that search for him had been
instituted. A similar announcement was nj de
The news from Coney Island late last night
was that sutherland was still MISSING from his
home on Third street. and that his family and
Col. James said last night that MIR Foster
was mistaken when he said that Sutherland
had come to New York with him. He had not
HsS.. nth SS nes the Court
was confident that Sutherland would appear
The offence Of which Sutherland has been
convicted Is a misdsmeanor and the extreme
penalty 10 imprisonment in the penitentiary
proved sven less .ubstantiai than at the f pre-
TO an attack on. the sobristy Of Copyist Nc
prosecution. Sutherland himself did not take
the stand. and no part OF the testimony he gave
on the first trial was submitted.
fence contended that 1ndics oce S w Tas not not
liable for the. abuse OF oflice II he did the act
com planned OF under the color OF This oirice and
by virtue q his office. In his charge. Justice
No person can be deprived OF his liberty
without due process OF law. SO long as \
pagls,rsts keeps within the limit Of the law
be acting unlawfully. II. however, the de-
PENDANT has seemed to you to have both ex-
seeded the law and acted maliciously. you are
Sutherland and his friends were confident.
apparently. that there would be another disa-
greement and the Grayesenders who were in
ceived almost as severe shock as when the
conviction Of MsKane was announced.
Constable Andrew seott Jamison. against
growing out OF the Gravessnd election trou-
bies. will be the next to face Jury. 1t Is said
o. shs .9 he
do is TO plead guilty and throw thems selves on
the mercy OF the Court