New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-02-15
LOCKED UP FOR THE NIGHT.
M'KANE IN THE JURY'S HANDS.
THE LONG CONSULTATION CAUSES FEARS
OF A DISAGREEMENT.
A MAsTERLY PRESENTATION OF THE CASE FoH
THE PROSECUTION BY GENERAL TRACY
JUDGE BARTLETTs CHARGE FAIR
AND IMPARrIAI.-sHERTrF But
THING REBuKED.

AND OBSERVATION-DISCLOSURES But
TLING REBuKED
The case of JOHN Y. McKane submitted
to the jury at $50 o'clock yesterday afternoon.
BY many a prompt verdict was expected. but
at midnight Judge Bartlett entered the court
room and announced that recess would be
taken until 93O o'clock this morning.
When Judge Bartlett took his seat, he glanced
around the room and asked if McKane was
presen.. The clerk replied that he was not, ana
the Judge ordered that he be sent for. 1t was
nearly half an hour before Sheriff Buttling pro-
duced the prisoner, and explained that he had
gone to the Hotel Clarendon with him for the
night Judge Bartlett sharply rebuked the
Sheriff for not having the prisoner near enough
to the courtroom to be produced within hve
minutes and ordered him to make arrangements
which would permit Of his being promptly on
hand when wanted.
The extended deliberation on the part OF the
Jury has given rire to many rumors, the truth
| of none OF which however can be authenticated.
An impression has prevailed since the beginning
Of the trial that there one or two jurors
| friendly to McKane. The body as whols
hardly seemed up 10 the standard or inteiii-
| gence necessary for the treatment OF a case OF
such Importance and characterized by 50 many
technical points Of Law. Still, the feeling has
prevailed that they honest lot or men,
| and though side. equally with the other has
expressed confidence in their integrity and judS-
ment many criticisms of the individuality Of the
jurors has passed among the audience. dis
agreement is feared especially in view Of the
! lapse of time between their retirement from the
courtroom and that of the taking Of the recess
| by order Of the Court. At o'clock supper was
ordered for them, and when this fact became
/
would be returned last night. Judge Bartlett,
! however will not discharge the jury until all
possibility OF agreement has disappeared.
The fact that yesterday was the last day OF
| the trial drew together immense crowd which
| battled its way, by individuals. into the court
! room Every available space was occupied at
the time the ex-Secretary Of the Navy began to
/ address the jury. McKane looked somewhat re-
! freshed after his nights rest but the jury
! looked weary, and their faces were pale and
drawn
General Tracys speech was masterful in It's
arragnment of the defendant. its condensation
Of facts its pointed illusions to the weakness
Of the defence ard its flashes of oratorical
power. His statement Of facts as accumulated
by the prosecution concise. lie held the
defendant up before the jury as an enemy or
free institutions and as felon in the exercise
| Of his temporal power. in that he prostituted
such power for the basest Of personal motives
| The in the courtroom during the delivery
| Of General Tracy's Grafton was an impressive
one Among the auditors both In the morning
and afternoon sessions. was the Rev. DR.. Lyman
Abbott, of Plymouth Church. He occupied the
clerks seat during the delivery OF General
Tracy's speech. and also during the delivery Of
Judge Bartlett's charge.
The faces Of the jurymen afforded study OF
LII, s1,a Of
counsel for the prosecution Every man was at
tentive and the expressions Of their countenances
were decidedly serious with the exception OF two
or three which appeared to be slightly cynical
This fact was noticed not only by some men,
bers of the press. but by some of the lawyers.
THE JUDGE WAS SERIOUS.
At o'clock the court assembled after re
cess and Judge Bartlett began his charge. which
| lasted an hour and twenty minutes. Il was an
interesting discourse from beginning to end. His
manner was easy his tone conversational but
his spirit was serious and at times he mani
tested emphasis in the way he gave expression
to the stronger points of his discourse. The ut
most quiet prevailed from the beginning to the
| end of his deiverance. Taken as q whole. MS
charge was regarded by counsel on both sides
as fair to both the prosecution and TO the de-
fence His instructions did not show any signs
Of prejudice on the one side or leniency on the
other He seemed inclined To present the case or
| th.. defendant in the first instance, bringing
| out the strongest points that could be offered on
| that side: then he would suddenly come In with
a ..but" and following this he laid before the
| Jury the decisive features OF the testimony a'-
duced by the prosecution. Contrary to eXpecta-
ton Judge Bartlett did not plunge into con-
struction Of the Election law in general. but
confined himself to his own interpretations OF the
III, ,,,lr
4, $3.50 o'clock he finished his charge and after
receiving some suggestions from Mr.. Roderick
and charging the jury on minor points
! which had not been included in the general
charge he ordered the twelve men TO be escorted
To the jury room and locked up for consultation
After they left the courtroom Mr.. Shepard asked
| the court to place the defendant in the hands
of civil officers Judge Troy argued that this
! WAS unnecessary; that the defendant was under
| heavy bonds: had appeared at every session or
the court and displayed no disposition whatever
10 avert the due processes OF law, ana urged 'hat
this rigorous measure should not he applied TO
! him Judge Bartlett answered by saying that he
| understood that it the practice when de-
! fendant in A criminal action OF much i'm
| portance had been brough, to the point of having
! his case submitted to jury and the jury had
retired to place him in custody He therefore
| ordered that McKane should be turned over 10
the care of the Sheriff. After lapse of Ave
minutes Sheriff Buttling made his appearance.
moved through the throng to whore McKane was
seated and the two greeted each other cordially.
| McKane rising from his seat and smilingly shak-
ing the hand Of the Sheriff In a few moments
| the two started toward the door, and II was
contest against large Numbers by which they
succeeded in reaching the corridor on the way
to the Sheriffs room
THE CROWD GAVE THE JUDGE a SQUEEZE.
The throng around the courtroom was ex'
ceptionay large throughout the days proceed
ings and detail OF policemen was called 10
preserve order. but the number was insufficient
for that purpose. Even the clerk OF the court,
at the opening Of the afternoon session, had IT.
orally to fight his way to the entrance. and