New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-03-01
JUDGE HARDIN ALSO REFUSES.
DOUBLE THrsrMrTl0N II ms C'sE THAT
THE JUDGMENT AGAINST MNANh


is RIGHT
Little Falls. Y T. Feb 2S-Iohn =. McKane's
lawyers. George ". Eoi,r.ck anil Milton G. Gray.
came her. lns, night for tho purpose az asking
IuIr. Hardin - the supreme Court. II grant Me
Kane "a preliminary stay. They were accompanied
by Michael Dalv and u. B Polly. two ~ the
most Intimate fr.sudsof McKaur. When the lawyers
reached Little Falls they succeeded In securing cX-
Senator A. " Mills 10 assist them In the CAGE.
At 23j O'Clock the thrc, lawyers appeared at the
oNicc Of Judge Hardin prepared to make an arSu-
rncnt Nr RoIerick briefly toll the Judge the OBJ
i,ct Of bis mission. The Iuiee said he dil not
care for ANY business outside of this judicial dis
'rict but hc would hear a motion on any legitimate
case which might come before him Mr. Roderlck
then went on tell the Judge the position he was
I'm rcgarling the asking of stay. His contention
was that McKane was not guilty of the act for
which he was indicted. and II guilty at all he was
simply guilty Of mi-3cameanor IL claimed Nc
Kane was indicted with election inspectors ana
acclrIiugy could be- tried only for miSi'meinor
lie also said section - under which Mchane was
convicted. was not applicable In the case lie shid
tho object in asking for stay was - save the'r
client from the disgrace and humiliation OF gong
10 Sing sing MIR Mills said the object In goinG -
far away from the city where the trial had taken
placc was To escape the public clamor and noise
end the newspapers
The Judge said he thought It was out Of his PROV
ln-c - act I'm q which WAS 50 far removed l'ih
his territory and remarked that thore were l'"'
other Judges I'm this district whom they could apply
,o In the course OF the argument Judge Hardin
said.
/: g. "A littlc awkward . ask a judge - grant
stay simply upon affdlVits You nav" ohly an ~
par,c AFFIDAVIT as the merits tnai, Too. aIt"r IN,
case upon It's fun length AMI breadth has becn hc
hv a fudge Of coordinate power. Judge tuHeh hrl
the slnr iurisdlct. IN. TN" sam" powers. the Salr
rights which You now inVok" me = exercise" ! ne
hearing before him WAS ~ the NrSt instance u'
noVo thir hearing IS subsequent 10 ana aIt'r ne mas
pronounced his opinion. or course. wh'n M. rN-
amln.I th.. case l." nal the prcsumpuon that OBJ.
the contrary appcirs and he granted the stay IN the
face OF that presumption To- enable him to make an
luqulrv whether under section ~ there was rti-
sonahlo doubt whether the judgment should stand
I'm addition 20 the presumption which the Judgment
carried of its being correct, Is there not some pre-
SUMPTION - bc in1ulged In as to the eject Of his
opinion which interVcnes between the tral judge ana
me- Judge Cullen has examined the case ana de-
cIcI H. Now docs not that double the presumption
as 10 mo one arising from the Judgment ana another
arising from the fact that he has examined at
length the rccprl. and had rendered an opinion?
Doesn't that Vive ris. - second presumption, so
to sneak? When hr acted II was win one pre-
surnr,fi,n 7 am cal,pd Upon 10 act with two
Tho Iudgo's oDlnlon was written In about thou
sand words He said that the case had been de-
cded bv Judge cullen: and. As In the Tweed case IN
which he was asked To grant stay or sentence,
ne was OF the opinion that II promotes harmony
among the Judges not to interfere In cases outside
OF their judicial district ,,., H., . ,