New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-02-02
THE PROSECUTION RESTS.
M'KANEs DEFENCE WILL BEGIN lo-DN J.
JUDGE BARTLETT MADE SEVERAL IMPORTANT
DECISIONS AGAINsT THE Boss - RE
MARKABI.E INCREASE or VOTERS

MARKABLE INCREASE or VOTERS
At GEAvEsEND.
Yesterday was the tenth day Of the trial Of
John Y. McKane. At p m. Nj Shepard an
nounced to the court that the prosecution rested
though there were some reservations as to the
Introduction Of testimony and by consent '"''
testimony will be accepted In rebuttaL
The defence has contested every inch Of ground
and hay. stood firmly on every point OF law
judge Bartlett has decided with marked prompt
ness every question presented and II verdict
for the people shall result, there certainly can
not be- maintained any charge of unfairness III
the rulings 81 tn" cou Occasionally Il mas
seemed that the trial judge hAi reached "u'
beyond reasonable limits - insu~ NE Defendant
against any possibility even OF insinuat!on that
improper evidence had been admitted but there
Is no doubt that Judge Bartlett recognizing the
serious nature Of the charges and the influence
If = verdict upon the community. has cndeavored
To hold the balances 50 that exact justice may
be done to both contend.ng parties
The morning session opened with d. cisi"n by
the court on the quest On Of the admission Of
testimony bearing upon the charge OF con-
sniracy and Of motive on the part Of the defend
ant The pon, was whe'her an alleged violation
OF law in 1890 as to the redistr!c,!ng Of the town
could be linked with the crime for the COM
mission of which McKane now faces an In
G!ctment
TIE DEFENCE: OBJECTS TO THE LISTS.
General Tracy sought Wednesday after
noon TO produce evidence showing an unusual
increase in population between 1890 and lS93,
during which period the voting population APP
poarod 10 bee increased almost fourfod. Judge
bartlett decided that the records Of 1890 were in
"A, tt.an n
decisions in thcstra Of the Anarchists in Chi
cago In 1881 In that case it was shown that
bomb factory existed i'm Chicago several years
prior 70 the consummation of the conspiracy
against the Police Department. and this fact
WAS accepted as evidence tending to show
that such conspiracy had extended over a num-
Der Of years But Judge Bartlett decided that
I'm the present case he did not feel justified In
accopting evidence Of conspiracy which linked
the acts Of 1890 with those Of 1893. He cited
the case Of Jacob sharp. In which the Court OF
Appeals held that the fact that sharp had
formed a resolve 10 obtain Broadway for a rail
road by any means whatever. many years prey
lous to the accomplishment of his purI ose. was
too remote.
AS | said last night" said Judge Bartlett.
1T seems To nae ;hat TO admit this testimony
I'm regard To the redistrctng of this town as
motive for this particular crime would be TO
run counter to a decided case. l do not think
II would be wise for us To do 1t. 1t does not
seem to me even question Of discretion |
think | am bound 10 follow authority. ON the
question of the admissibility. however. of the
registry lists Of 1892 it seems to me that the
counsel for the prosecution right to this
tent II IS proper 10 inquire here IA To the true
lists of 1898 This cannot be done without hav-
md no lict Of
1892 For that reason the poll lists of 1892 are
clearly admissible"
COLONEL BACoN's TESTIMONY CoRROBORATED.
This vas a large gain on the part OF the prose-
cution. The object to show the incredible
increase in the population OF Gravesend as rep
resented by the list Of voters. Later in the day
the Judge decided not 10 admit In evidence the
school lists at the present time although he init
mated to counsel that he would reserve the
right To make other decisions as the trial pro-
crossed under the lead OF the defence
The testimony throughout the day of
corroborative nature. William \. Whiting
the first witness. He was member of Colonel
Bacon's party. He said he heard Colonel Bacon
declare that paper which the latter displayed
at Gravesend on election morning was IAN in
junction of the Supreme Court" This. he said.
was shown TO McKane who replied; "lnjunc-
lions don't go here You're drunk. We don't
want any drunken buns here" whereupon Bacon
was pushed down and subsequently taken into
custody The witness said that he had himself
extended the paper which he held SO that 1t
touched the person of Mckane. declaring at the
same time that 1t an injunction issued by
Justice Bartlett OF the Supreme Court. He said
ne was interrupted by Mckane who ordered his
men to Hustle him OFF. take him away. lock EN-
all up" The witness was placed in the car
rage with Colonel Bacon, Mr. Moore and Mr.
Wardner, together with "a policeman, whose
badge bore the mark No. .. and n man who said
he was a GraVesend detective Then the witness
retold the story of the locking up of the party
at Corey Island.
MIR. TRACY HAS A TILT WITH JUDGE TROY.
The cross-eXaminatiOn was not comforting to
the defence. nasmuch It brought out from
the witness the exclamation made by Colonel
Bacon as To his habits. II am not drunk" said
he II never drank drop OF liquor in my life.
aIn n tcetOtaller." The cross-eXamnatiOn also
brought forth the connection Of Sergeant Michael
+. Murphy with the proceedings at Gravesend
on that day Hiram a. Ferran, ticket agent on
the Culver route testified as 10 the schedule
time for the running OF the trains on Novem-
Der 4.
The poll lists Of the Second. Third Fourth and
Sixth districts OF the town OF Gravesend for
1892 were offered In evidence by Mr.. Shepard.
who said that the lists for two districts were
missing. Town Clerk Voorhis testified that he
had returned the lists To the inspectors To en-
able them to make up their new poll lists. but
they had not given them back to him. Judge
Troy for the defence said that they had no
knowledge Of their whereabouts. The enumera-