The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-02-15
vKANES JURY NOT AGREED.
o.,o ZIP FOR THE MONT At 4
O'CLOCK THIS MORNING

unur. without Henchtng Neroict-Ono
,.or Made Ths. stsra 10 TO ror
r.,,,.,,op, But NothisE HAD Bser Heard
g. Them since They Went Out-Me-
u...,r Cu.tody OF sheriff Buttiing-Ths
..,,,1 Rssuked for Not Be,-G on Hand
uu. ~. Prisouer Gen. Traey's SUM-
- To end Justice Bartietrs Charge.
to,elock this morning the jury who have
a. ,n.lr hands the fate OF John Y. McKsne. the
.,'czar Of Gravesend. were locked mp In q
-, on the top floor OF the County Court
House In Brooklyn.
,,nr, and there were no signs that they were
.s.,vhors near an agreement Nothing had
90 heard from them either one way OF the
s,hs, from the time they were turned over to
,no eourt officers. at $3.50 in the afternoon.
Iust before midnight there was rumor that
=. ana ballot they stood ten for McKane's con-
action TO two for acduittal, but that probably
nd no foundation whatever. The report very
w,y arose from the fact that the lawyers for
,hs prosecution were heard TO state that they
M sure OF all but two jurors.
McKans went to the Clarendon Hotel In
,h,rrs OF Sheriff Buttling. and he spent the
.Isht In the hotel 1t was midnight when
Justics Bartlett went on the bench to declare
/, recess until 81 o'clock this morning. He
..ked where McKane was, Lawyer Backus
,.id he would produce him In q minute.
Very we'll" said tho Judge. and Lawyer
Bsekus sent two m messengers
The minute heightened to fifteen. the Judge
cot worried: so did Mr.. Backua The Judge
wanted to know where MoKaue was anyway.
and Mr. Backus senttwo more messengers out.
Another fifteen minues passed. Ali this time
there was silence In the court room that was
almost painful. When IL began to be WHISPER
Cd that maybe McKane had gone to Graves
end. LAWYER Backus started out himself.
Mr. Backus had been gone only little WHILE
but Justice Bartlctts patience was almost OK
hausted when the door opened and Mr.. Back
~ came In smiling.
Behind him came McKane. then Sheriff Butt
ling and couple OF deputy sherifrs who were
friends OF McKane's. They had been discov-
cred 10 the Clarendon Hotel. whore they had
been spending the evening together.
MeKane went Just inside the railing that
keeps the crowd from tho lawyers and sat
down Lawyer Backus explained to Justice
Bartlett that the first m Messengers he sent had
got lost somewhere. The Judge looked at
Sheriff Battling severely and said:
Mr. sheriff. the Court has had 20 walt for
you and your prisoner moro than half an hour.
which, at this time Of night. has been most
disagreesble. 1t seems to the Court that
II is your business under such ciroum-
stances as these TO DO within call
when you are wanted. 1t certainly should not
have taken more than Eve minutes to ind
him"
Sheriff Buttling got red In the face. and
when the Judge ceased speaking he said:
Your Honor, 1t Was not my fault didn't
har that you wanted me until hve minutes
sso, and hurried right here Just as quick as
could come"
+" That IL all very we'll" said the Court, but
IL Is not the Courts fault tnat you didn't hear.
You should have an officer here who would
know Just exactly where you are to be foun
when you are wanted"
MY office was open. your Honor" said
Lawyer Backus. and II the messenger had
gone there he would have found out right
away"
Well" said the Judge. 1T will be overlooked
this time. but please be within call the next
time"
Mr.. Sheriff." Justice Bartlett then said.
the Court will now take recess till $3.50
o'clock In the morning. You will please pro-
duce this prisoner here at that time In the
morning"
Notwithstanding the lateness OF the hour the
court room at the time OF ordering the recess
was Iammed full OF people, most OF them sub
5ects Of Mr. McRane. The moment the ad-
iournment was taken the people In the room
piled out OF the doors and down the stairs
Into the street. McKane. In charge Of the
Sheriff and the friendly deputies. was in the
van, and they boarded trolley car and rode
down TO the Clarendon Hotel.
Daring Justice Bartlett's charge McKane
sat with his head almost buried in his breast.
He was nervous and uncomfortable. He
breathed quickly as man with fever It Is
perhaps not too much 20 say that he was
undergoing q species OF mental excitement
the like OF which he had never before In all his
career experienced. and he was trying hard to
conceal the fact from everybody.
II seemed he dared not raise his head lest
Ms secret should be discovered. for not once
while the Judge spoke did he as much as move
Even Lawyer Shepard's demand that he nc
longer be permitted to enjoy his liberty did
not move him. nor the declaration Of his coun'
sel sx-Judge Troy. that such a proceeding
was unreasonable and unnecessary. MeKans
vas apparently obliyious to all.
But the scene that followed all this was one
that was probably never duplicated In q
Brooklyn court room. MeKane was awakened
MS nerve came back to him. or at least hC
made desperate effort to prove that II had.
The GraVesenders In the audience who were
not In the gallery forced their way inside th'
railing the moment that Justice Bartlett
lett the bench. They crowded about Nc
Names chair. They Rrasped his hands. hil
soAt anywhere IN ey could get hold OF him. Rnt
SVa MN they didn't see how he coul be con
LheI told him about everything else they coulC
'hink Of calculated TO encourage him.
Sheriff BpttnR pushed II. WAY fhroaEh SP ths
hC CRHa ana leaning over whispered in his ear
Certainly eartainIv Won ara nv frIand