The evening world., 1894-01-09
M'KANE'S FIRST GUN.
His Lawyer Wants to See the
Grand Jury Minutes.
Attorney Shepard Says that WoaId
Jeopardize Jurors.
Mechanics Hcnchmcn Might Seek
Revenge, He Says.

The motion to quash the ~forty-nvc IN
dictments against job Y. McEanc and
twenty-one other Gravoscnd offenders
was to have been heard by Justice Bart
lett in the Court of oyer IND Termine-.
in Brooklyn, this morning, but was ad-
j%Ourned until this afternoon.
When Mckanc and the Others were
called to the bar Lawyer Roderick,
their counsel, said that he was prepared
20 make n motion concerning the in.
dictments, but that his associate coun-
sci. e~I-Judge Troy, could not be present
until this afternoon. For that reason
he asked that the case be adjourned.
Justice Bartlett said as there was no
objection he would zeal the plea OF the
defendants at ; O'Clock.
After recess Lawyer RodCriCk and eX-
Judge Troy came into court to make
the lirst move towards keeping John Y.
Mckan and his tweuty-One l~ioutenants
out of Jail. Lawyer Rodcrick, addressing
Justice iiar,lctt. said that he would
mak"a motion TO have the indictments
also a second motion t. review the min
them.
The, motionto .quash the indictments
was based on the ground. first. that
they were insufficient. biased ON In
ADEQUATE evidence, andt hat they did
not prove that the crimes charged had
been committed; second. that Edward NJ.
Shepard. istrict-httorney. n james u.
tish. .steooEraphcr, were present IN the
Grand Jury room during the session Of
that body; third. that the indictments
mar Garnd Jury While the regular
Grand Jury of Kings County was IN acy-
sion and that htere was no power which
provided for the "impanelling Of the eN-
~ nTiin1Is gT4,1nl Istr.-. fI,,,tl that, 4l.
Grand Jury which considered thrGe cupts
had no power 20 draw up indictments
for the reason that the Court Of oyer
and Terminer had no owe to c,npanol
Other objc. tions in Lawyer Roierick's
argument were that the defendants
charg"i with conspiracy, Including Nc.
ing them with misconduct covered both
crimes, and that they were both founded
on the same evidence.
For this reason Mr.. RodoriCk believes
that the Court should direct the District
Attorney 20 designate which crime
SHOULD stand. otherwise both Indictments
ShoG!d be- quaShed.
contempt and assault should. Mr. Radcr-
lex. argued, be Quasled on The same
grounds.
Mr.. frederick then read an affidavit
from Mckane, in which he petitions the
Court to relieve hin on all the charges
because the witnesses were the same per
sons who sw0re in the contempt pro-
ceedinSs before Justice Barnard.
Afilavits In the same form were read
from Justice sutherland and Justice New
ton.
-four times for perjurH, also mad" am
davit concerning the story of the arrest
of Col. Bacon ut Graresend.
MIR. Eoderick then took up another
law provided for the calling for an eN-
traoriinarv term of oyer and Terminer
Gov. Flower had called an extraordinary
'2 bistr qf oySF @m9 E shaparG. in opposing
Mr.. RoderlCl;'H motion. read an affidavit
from himself, TO show that he had the
power TO he present in the Grand Jury
room While Mechanics case was under
consideration. and also that the law pro-
vided for the presence of the stenora
pher. Mr.. Shepard further objected 10
the disclosure OF the Grand Jury's min
utes.
1T is a welI;kpown fact said Mr.:
and dictatorial power over thp residents
1t were known what witnesses mad given
evidence upon which these Indictments
are based, II would not only Interfere
with the other cases or tn" people but
their future business prospects and even
their personal welfare would be jeopar-
died"
In the case of JennIson. Mr.. Shepard
said tina witnesses had been examined
for both sides, ag shown by the minutes
Which e had In hi" possession.
Mir. Roderlck then made IL motion 10
have the Grand Jury'g minutes deposited
in the office of Dlstrict-Attorncy Rid
way instead OF being placed IN Ar.
Shcpard'S possession.
During tho a~gument Cen. Tracy, who
is associated with AIR. Shepard, and Jus
Rodorlck's attention tn the fact that he
, VAS going Of at a tangent from the ORIG
inal argument upon which his motions
- - -. IT, H1 - r. Al tAn FnH
to Illegal evidence before the Grand
Jury.