The evening world., 1894-05-29

the Attorney-Ge neral and the county to
the great trouble and large expense Of
THE extreme penalty for the crime OF
the prisoner now under consideration is
seven years imprisonment: but, as 1
haye already said It seems to the
imprisonment for which he is now
under sentence may fairly be taken as
part OF the total imprisonment.
Only MckRne's subordinate.
II deem 1t also proper to remind the
Court that tn. prisoner was not the prin-
end crime. but was himself in a measure
the subordinate OF John Y. Mckane.
Il have already said upon moving
other sentences that because of the infor-
ma Jon as to McKane's participation in
the crime obtained by the prosecution
since. his conviction the prosecution
would now, II that sentence were to be
for a heavier sentence against him than
the one which he now suffers.
In my opinion the great inequality
erland, as well as Sutherland's present
entire punishment Of the prisoner, The
former sentence included, shall not
atty OF seven years. I also ask the
Court to additionally consider in the
prisoners favor the fact that he has
made a complete disclosure of his par
Upon the submission of the prisoner
20 the Judgment of the Court. and upon
his actually serving out the, term of
already sentenced and to which he shall
now be sentenced. the People will not
press against him any OF the other in
for. his. share In the Gravesend crime.
But this promise of the People is sub
ject to he some condition as that i'm
posed. upo the inspectors of election,
namely. the condition that he shall ~
and when required by the People. pub
licly verify n testify to the facts in
any court or proceeding.
When 1t shall appear that no such
testimony will in any event be needed
from him., an actual dismissal Of the
remaining M n1d indictments against him will
Gould the prisoner have been extra
dited for any OF these offenses?' asked
Justice Bartlett.
No. sir; think not; The treaty. does
Mr.. Shepa d.
Justice Bartlett then passed sentence.
Must Go to Sing Sing.
I'm view of the fact that Sutherland
was certainly one of the most active
agents In the scheme OF crime which cul-
minated on election morning in Graves
end. said His Honor, mo punishment
would be adequate which did not include
some confinement In State prison.
Under the sentence already imposed
| ny JuuSt bTOWH, sutherland WOull 20
to the penitentiary for one year and
pay $500 fine.
That sentence has been passed for
his conviction OF oppression. 1t has
II have considered the matter care
fully and the recommendations made by
the Deputy Acknowledgement that your
imprisonment should not exceed three
years. ,..
stances to give you a reduction OF four
The judgment Of this Court therefore
Is that you be imprisoned IN state prison
a at sing eIsb Sing mo for a PERIOD s tar Of 9 on b ysaI
at the expiration OF the term imposed
by Justice Brown. making in all two
years and eight months that you will
Sutherland bowed, and picking up
his nat hurried out OF court, Sheriff
Quitting holding him by the arm as
he walked.
other Indictments Qunshed.
After the disposition of Sutherland
case, Mr.. Shepard addressed the Court
as follows:
The Sutherland case being terminated. I now
desire to make DEFINITE disposition, subject tc
for oitenses against the Election law found upon
my advice by the Grand Juries In December
I hrst move the Court to dismiss the indict
inents for neglect " duty under the Election
law found against John Y; MeKsne. Richart
Y. =: Newton, Kenneth F; sutherland, william
j. Gladding and jacques $. striker, composing
the Town Board of Gravesend. The crime
charged was the failure 20 divide the town into
districts OF 400 voters each.
This Indictment was based to a considerable
extent, as appears from It's allegations; upon
That vote, as well as the vote in 1898, is now
asccrtained to have been in large degree fraudu'
PENDANTS would be able to show that the town
did not at the time of their supposed failure oil
2, 400 voters. the maximum number Of voters under
the law for six districts. 1t would be necessary,
sn;m,hs; intent for , q, ,h psG astsnd 10 mist ,n ,. SPHn n,
town divided, as II had been by the previou,
Board in the cunning and Irregular fashion
which brought all the districts together at thu
The duty of distrlctins originally rested upon
board consisting OF the supervisor, the Assessor
duty was devolved upon the Town Board. includ
Ing the Justices Of the Peace: ~ Mat.
and Sutherland for more serious crimes, I shoulc
not deem It wise to press this indictment asains
two Of the Justices. I do not think the testimon,
at the present time justihes a claim OF crimina
after the election Of 1892. | therefore move tn,
dismissal Of this Indictment.
Mckane's to lie Held In Allegiance
A demurrer to the Indictment for conspirac,
by the Court upon the ground that the lessee
onense of conspiracy was merged in the create
felony OF the accomplished crime. The People dc
not propose TO appeal from that decision. as. un
der other indictments, all tho defendants in tina
Indictment have been adequately dealt with
There remain cigh' indictments against McKane
which propose shall rest In allegiance while h,
suffers the punishment to which he has alread,
been sentenced. II he shall serve out that sen
tence. II is not proposed to press for trial an,
other OF these indictments.
The Inspector CT election and Richard V. b
upon the irdictm, Mt for conspiracy In procurins
the casting Of a fraudulent vote, found by thu
January Grand Jury. There remains one indict
ment against Newton. that for contempt Of
Court. hut II will not be pressed. nor will Their.
be further prosecution 81 him for the GravesenC
crime, his prompt submission when there was M
indictment for felony against him and before the
an adequate Indictment against him. hayini
saved him from further punishment.
Leniency for Those In Prison.
Against each Of the inspectors who PLEADED
guilty to The January conspiracy indictment
there remains d felony Indictment for concealmen
Of the regfHtratIon lists, As in the case o
Sutherland, n ne Of these indictments will b.
pressed. nor will any further prosecution OF thcn
or Of Charles f Morris take place, upon theii
observil G their promise to fully state the facts
OF the GRIM" whenever and wherever called upon
by the People, Upon Jamieson's serving oul
the Imprisonment to which he was sentenced
for perjury uIon the Michael T. Moore Indictment
IL will be deemed proper tn dismiss the other thre'
indictments against him for perjury. In the view
OF the People the four perujries for which HI
This dispose OF the twenty-five Indictment
found for the crime at Gravesend against twenty
three persons, Of whom twenty-oEe have beer
sentenced to Imprisonment.