Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1894-02-23
JOHN z. M'KANE.

doors were left open. Finally one by
one the spectators were let in and just
at $3.50 o'clock the door opened wide and
John Y. McKane, accompanied by Sher-
if Buttling, entered. He was appar-
emily 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 wonderful nerve
and self possession. He held a short
conversation with his counsel, Foster
L. Backus. They sat down beside each
other a few moments later, and both
laughed heartily at something that was
said by a man sitting near by. The
prosecuting lawyers, E. NJ. Sheppard,
Colonel Lamb and Joe Weinberg, were
also in court and held a consultation.
By 1916 the corridors were rendered
almost impossible as the crowd swarmed
on the, stairways and Railways and out
into the street.
At 1906 Judge Bartlett took his seat
on the bench. Mr.. E. Z. James then
stood up and said:
"Your honor, I appear for the defend
ant, MI. John Y. McKane. Imove for
a new trial under section 465, Code of
Criminal Procedure, subdivisions 8 and 6.
Judge Bartlett denied the motion.
MI. James then asked for an arrest Of
judgment On the grounds that the facts
as stated in the indictment do not con-
stitute a crime. This was also denied.
Then Mr.. James asked the court to
take into consideration that the defend.
ant had new been convicted of any
felony, and that his previous good char
acter be taken into consideration.
Judge Bartlett said he did not see any
circumstances which would warrant
such discretion. Mr.. James then asked
for a stay Of execution of Judgment for
20 days to enable the defendant to move
on a notice for certificate of reasonable
doubt.
Mr.. Sheppard moved for sentence to
be passed.
McKane, when asked what he had to
say, said:
II don't know that I can say my
thing but what I said on the stand dur
ing this trial. I have never done my
thing wrong TO any one as far asI know.
I never did anything directly or indi-
Tectly wrong with regard to the election,
nor did I ever counsel any one else to do
anything wrong. I again say that I am
not guilty Of any offense against the
law
Judge Bartlett then proceeded to pass
sentence, and said:
I do not feel inclined to disregard the
recommendation to mercy made by the
jury. The crime which the defendant
committed was a serious one. That
great crime seems to be one that de-
mands an, emphatic sentence. The
penalty should be so severe as to excite
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 a murmur
Of voices through the chamber, Judge
Bartlett ordered the court to be cleared.
Lawyer Roderick said that an applica-
ton will be made to a justice Of the
supreme court for a stay of 20 DAYS.
pending an appeal.
McKane was taken back to RAYMOND
street jail in a coach BY Sheriff Butti1nk.
about II o'clock, and if the stay is not
procured during the day he will be
taken to Sing Sing in company with
some Of the convicts.
Forest Fires in Colorado.
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