The evening world., 1894-02-28
M'KANE BROUGHT IN.
Justice Cullen Threatened to Re-
woke the Order of Recall.
Counsel Ordered to Produce the
Boss in Court This Afternoon.
His Testimony for Sutherland De-
layed for Purposes of a Stay.

filled at 8 o'clock this morning, when the
trial of Kenneth F. Sutherland, Boss Nc
kane's Gravesend Justice. was resumed
In the Brooklyn oyer and Terminer.
The report that McKane himself would
testify to-day in behalf of his lieutenant
had brought out the unusually large
gathering, but at that hour 1t was not
certain when the chief would be put on
the witness stand.
Justice Cullen's order of recall of the
execution of McKane's sentence is only
operative until after his testimony has
been given. Then the Sheriff has in
structions to take the Car at once to
Sing Sing.
After a brief consultat ton with Col. e.
c. James, who is associate for the de-
tense. Lawyer Backus began his opening
minutes after . o'clock this morning.
\ he said that the main point to be
brought out in the defense would be
that the acts charged against sutherland
in the indictment had not been commit
ted by him.
The commitment to Raymond Street
Jail was perfectly proper. Mr.. Backus
would show that Sutherland had told
each one of the arrested men what the
charge against him was, had given him
failure to do this he had ordered their
transfer to Raymond Street Jail until
Monday morning. when he proposed to
hold court again and finally dispose or
the cases.
When the prisoners were sent for by
Sutherland Monday morning, said Law.
yer Backus, it was found that writs of
habeas corpus had been issued. and thst
the men had been taken out of his jurikx
diction. In some mysterious way the
b tHe u td the y eassi whi .Sns Tere naa s ess
lost or mislaid. i
The first witness called for the defense
Raymond Street Jail, who testified that
he HAD destroyed the commitments and
TeSails in the cases Of MeNamars.
said he couldn't. remember whether he
I'd destroyed all the papers or not.
The witness said he, destroyed seventy
I'VE or eighty recalls at the beginning OF
the year when the new Sheriff came into
office. The recalls Of the Grayesend pris-
ments were offered in evidence by Law
yer Weinberg. The defense claims that
the recalls which went with these com;
character, which is one of the strongest
points urged against Sutherland's
methods. .
declared Lawyer Weinberg, but that
the c9mmitments were absolute and per-
In answer to a question by Lawyer
Backus, the witness said he could swear
positively tnat the commitments Of the
Gravesend prisoners were all accom-
gained by recalls. signed by Justice
day morning following.
The next witness was Police sergt,
who made out the complaint against
Mcnamara, Cottrell and Sickle, upon
statements made by Sergt. Potter and
Policeman Marcus. This was before Jus
tice Sutherland arrived at court Sun
day morning.
When Mcnamara was arraigncd before
charged by Policeman Macius with he
ing, drunk and disorderly., that he was
entittiis tie to eounse and that he would
,,McNamara, the witness said, stated
hat he could not furnish the bail then,
whersupon Justice Sutherland said he
III the following morning at 8 o'clock.
In the cases of Sickle and Cottrell. they
we're also informed of the charge, of
800 bail each.
Shorts and recalls were made out in
each case" said sergt; Murphy.
What is a short 2" asked Lawyer
"a short commitment. SIR replied
Murphy.
that he was in charge Of the station at
Coney Island Sunday morning when Mr.,
Grout and other Brooklyn gentlemen
went down to bail out the imprisoned
that he did not know Where Sutherland
was, but that there was a telephone up
stairs and they could call him up at his
They did not follow his suggestion, bu!
went away and did not return. e said
he told them that Sutherland left word
mat he would be around his house dur
sergt, Lewis NJ. Potter testified tha'
ne made the arrest of the Gaynor copy
He got the Message from the chief ovel
the telephone from Brooklyn early Sat
nrday evening. He searched the prison
t tbs tt plight; He was also In sour
srs were ar~raiSned, and said that all tn
yaluables taken from them the night be
'oEe were returned to them.
when arrested. Justice Sutherland toll
al the prisoners what the charge wa
against them. and held them in bail til
The witness said in answer to Lawye
Mernberg's questions that Gardner, tn.
hhetective, did not have any money. witt
NM but had a considerable quantity o
n DID you believe all the other men t.
None of the last three witnesses wa
able TO tell whether Macius. who ap
Pprared as complainant against all. tn
Conan was a regular member OF tn
Suhey island police force or not.
ADram f. Stillwell, a venerable citizel
vi Gravesend, and job F. Harris. Prln
IIsPaI or the Public School at Cone,
ms frequently the evening in question
aha that he was very drunk.
" was reported about moor that Nc
ss ne would probably not be produce
would endeavor to prolong the trial eve
iiO o-morrow. In order to secure more tim
md 1psiying Tor a stay. Justices Newto
rector Morris, are 10 h. called - III