New-York tribune., 1894-03-15
SWITZERLAND FOUND GUILTY.
THE GRAvEsEND JUSTICE BROUGHT TO
BOOK.
MKANE,s HENCHMAN CONVICTED OF MIS-
DEMEANOR-AN CNNERlFlEp NOR THAI
HE HAD FLED TO ESCAPE SENTENCE

The conviction of John Y. McKane Of felony
for the misdeeds in which he the prime
mover in Gravesend has been promptly followed
hv the conviction OF one of his foremost hench-
mon Kenneth f. Sutherland, who was yesterday
found guilty Of misdcmeanor This result was
attained at his second trial the first one result
ing in a disagreement Of the jury. The hopes
of the adherents of McKane were raised by the
disagreement but only to be dashed yesterday
when the jury promptly came TO a decision
Sutherland will no longer disgrace the office or
Justice of the Peace whore he used his power to
further the interests of the gang which has
ruled Coney Island and also TO fill his own pocket
with fees While Sutherland cannot be sent to
join NIcKanc in Sing Sing. AS he Is convicted sim
ply of a misdemc amor he can be sent 10 the peni-
tcntiarv for a year and can be compelled to pay a
fine Of $500 The crime for which Sutherland was
indicted is oppression in falling to accord 70
prisoners brought before him their legal rights.
He was the judicial officer before whom the Gay
nor copyists were arraigned after their arrest on
trumped M charges on November 5, and he failed
to inform them Of their legal rights or to permit
them to have counsel or % give bail. They were
sent to the county Jail. where they remained un-
I'll Judge Cullen released them.
MKANE MEN TERROR-sTRCCK.
Tho conviction Of Sutherland. following close
upon the sending Of McKane to State Prison. has
struck terror to the hearts Of the men who acted
as the willing tools Of the Gravesend leaders In
the efforts to thwart the will Of the people at the
ballot-box last fall. and some Of them are likely
10 seek To save themselves from the extreme pen
atty Of the law by pleading for mercy.
The next one 10 be tried is Andrew Scott
Jamison. constable. who Is under four lndlct-
monts for perjury. His case will probably be
called to-day The case of II. V. T. Newton
another Justice Of tho Peace. will soon be
reached lie is indicted for conspiracy. neglect
~ duty ana contempt of court. When he Is
sent To- join sutherland the loss Of these ringlead-
crs and their chief McKanc will enable Graves
.ud to be redeemed from the dircful plight in
which II finds itself after the misdeeds and mis-
r,tlc Of the last few years The credit OF the town.
which has been seriously impaired by th" issue OF
bonds Jar I'm excess of 10 per cent of the as
sosscd valuation. and by the lax management OF
the town funds by the convicted town officials
will have a chance TO be restored.
The taking of testimony in the case Of Suther-
land was ended yesterday in the Court OF oyer
and Tcrmincr before Judge Brown. John T. Will
SON a Jail keeper. testified that the commit
rr.nts and recalls were sent TO the jail with the
/ prisoners from GraNcsend on November =. Inc
recalls were destr ,ycG a, the close Of the year.
.Joscph Evans. a van driver corroboraied Will
son.
Michael F. Murphy. the Gravescnd sergeant o'
police testified 10 the drawing up OF the CONF
plants and 10 Sutheriands saying that the
prisoners would appear before him the next uay.
/ I,yiden.e IN thu. effect that oNamara, one of
/ the copylsts was drunk was given by EDWARD H.
! Gordon Thomas Bennett George +. kliest;
| Samuel f. Butler Louis Hierlein and Michaei
! Dunn WIFE this tho defence rested.
Ey.dcncc i'm rcbuttal was given by Charies t.
/ Oycrton. +. X Kennedy ana FRANK Slu''' I@n ,r
/ Commissioncr Mcnamara was recalled I" deny
that he was drunk
/ Tho noint was then raised by Colonel James.
co,ps.l FOR the defence that the evidence was IN
s,ric,ent I, rroy,. the offence charged. and mat
+ a judicial officer was not liable Tor apuse "i
| onicc az ne had performed his acts under coior
! u and by Nirtu" 81 ms once. ne H'N'" !" "''
/ miss the Indictment
THE NOTION DENIED.
Judge Brown denied the motion. saving that
magistrates were not excluded from the opera
,ion of the law. Many acts within the jurisdc-
| lion of a Justice of the peace were Nable 10 De
done unlawfully The law did not contemplate 70
a man being committed to jail at all when
charged with misdemeanor; his right to give
reasonable bail was absolute. II a magistrate
| -hould demand 500 900 bail for minor offence
ne would perform an act Of oppression. Iht
/ onrortunity To- scnd for counsel and to give bal
! sbould be accorded To all prisoners But malice
would have to be shown To insure convection.
The ease for the prisoner was summed up 10y
| Colonel lanes In the course OF ms dpp'al "
| tnn urv ne referred 10 the fact that Suthrr'
| land s.nt for the Black Maria u carry th'
/ prisoners 10 Concy Island and said that thi'
was no evidence ~ malice. ON thr c'n'IHi! j.
| would have been malicious II h" had not sent ioi
/ !, and had made the men tramp 10 ConeI
+ Island in mud and rain. lie added: WON,
! prefer the Black Maria every tIm"' ana ! Unlll'
! every one " YOU gentlemen would say IN" same
| II Won had been in the position Of these men
II wouldn't" responded the third juror, a
whom the lawyer was looking
well. perhaps You are more s,'Sonrn "
we vher than / am" retort"l Colonel James
1T isn't that" the juror said. WouIdh
want To get into the thing. anyway.
The case for the prosecution was summed NJ
| by Colonel Lamb. lie carefully reviewed tn" iact
and the evidence. They showed that Suth'r
land had really arrested the prisoners as the ac
compl!cc Of Mckane ard detained them Illegally
| The charges against the prisoners were mere pre-
lenses and all forms of law had been ignored:
Judge Brown in charging the jury. said ina
IL they found beyond Il reasonable doubt tha
| Sutherland had unlawfully imprisoned these men
ne must he convicted; If not. he must he ac
nuittcd The offence charged was a serious one
as he was accused Of dcfraudng law-abidlnl
citizens Of their liberty. Several requests Of coun
sci were accepted in the charge
THE JURY oUT Az HOUR AND \ HALE
The Jury went out at 3:43 y. m, and returned
an hour and a half later. The foreman an
nounccd tina, agreement In finding the pris
oner guilty had been reached. Few persons wer
in the courtroom and even the prisoner was no
present. II said that he had gone to TN
city with his counsel. Colonel James Foster l.
Bac<us one Of his counsel. said he would be re
sponsblc for the appearance Of sutherland 10
sentence and Judge Brown said that sentehc
would be pronounced tomorrow. sutherland /
under bail Of $500
J. 4 Weinberg. one Of the prosecuting counsel
said last evening: THE presence or the prisoner
under Indictment for misdemeanor. is not heces
sary when he Is convicted. nor even when ne !
sentenced. His bondsmen can be held responsi
bic If he does not serve his term or pay ms me
The Court practically remandcd sutherland L
the care OF his counsel" -
Sutherland is man of thrty-two years. II
has been constable policeman. school trustee an
Justice OF the Peace. He has held the laSt ONO