The evening world., 1894-02-19
SIX YEARS
FOR M'KANE.
]tccuimno} from r,r,t Page. )

on the ground Of the failure ~ the
Court to charge the Jury In all respects
as requested by the defense.
"HnrinE considered tho facts presented
during the Trial " this case WIN as
much care as | am capable ". | am com
pollel tn. deny the notion replied Jus
tiCe Bartlett.
Another motion for an arrest Of iuds-
ment on the ground that the facts as
stated in the Indictment. dii not con.
stitute a "ri'ne was ais" denied.
Then col. James tried another course:
S"F1Sanss, Ekca"ains; ei from the law he said
that where the maximum term OF I'm,
prisonment for a crime does not exceed
ten years. and Were the defendant has
never been convicted Of any felony he
fore. the court should take the prisoners
ton in his decision concerning an APP
plication Tor an arrest OF judgment.
col James then made a tonchins ar-
fact that Mrkane had hitherto borne a
spotless reputation, had never been
charged with any otfcnse, that his aid
had been sought by many. and that his
friendship had been enjoyed by countless
Goi. James insisted that ne test should
he the opinion of MCkhne's to"nsmen
as to his good character,
The lawyer concluded this appeal by
asking why was the law, which he had
consider and. recognize the defendants
previous good character.
AN ! can say. Col: James" replied
Justice Bartlett. ia that | don't think
the circumstances in this case warrant
the exercise OF any such discretion on the
part Of the Court: ] must, therefore,
The Court also refused a stay of the
execution OF judgment for twenty days
to enable the defendant to move on no.
ticc for n certificate of doubt.
MIR. Shep lrd then moved, on the part
Of the people. for the passing of judg-
ment.
ture age. and has had large experience
in the law. and has also been an admins
traitor Of. the law. With al his expert.
crime with which he liz charged. -.
Ills i~nsolent disregard Of the law and
his brutality towards the copyists sent
to get a c1py of the registry rolls have
all been proven on the trial rs well as
the perjury in the mandamus proceed
ings."'
the opinion of the jury concerning Nc
Kano's deserving clemencv Of the Court.
In Difference 10 his associates he would
say that counsel for the prosecution np-
proved Of a substantial consideration by
the Court to the recommendation for
mercy.
col James arose Mt once and said that
he thought II somewhat extraordinary
that the prosecution should urge on the
Court the passing Of a rigorous sentence;
He argued tina Justice Bartlett should
''''l I'VE llllN'Iltf'ls anu 'hh' Nia' W. :
recommendation to mercy should stand
first.
s, rTns ,:a@ mln;s, Of O., m ne r,s. Is :Se T n
does the attribute Of man approach so
near to God as when his Judgment Is sea
soned with mercy" added the big law
yer, impressively.
There is no occasion in this case for
vindictlvcness.. Is il not enough that this
man should, fall from his high estate
withou, APPLYING ,r'sor, in the matter Of
Honor" he concluded.
clerk Eyrne then called McKane to the
bar. The prisoner stood with his hands
resting on the rail in front of the Clerks
desk. He gave his pedigree in n very
low voice. AMI watched Clerk Byrne as
he wrote 1t down.
sentence was pronounced Mckane's voice
was strong and without a tremor. II,
did not look up at the Court. hut gazet
straight ahead as he delivered the words
In passing sentence Justice Bartlett said
81 do not feel inclined to disregard tn,
recommendation TO mercy made by IN,
has committed is n serious one. The
penalty should he so severe as to cx.
press due condemnation. but not SC
severe as to excite sympathy.
THE sentence OF the Court is that the
defendant be imprisoned in the States
prison at Sing Sing for a period OF six
years
McKane stood motionless for severa
seconds. There was lead silence In the
COURTROOM, which was first broken by a
long, low whistle from the gallery
which was packed with Gravesenders.
This ended the suspense. McKane still
kept his eyes on the table before him
Finally he turned and stepped to his
chair, into which he sank with a Ions
drawn sigh.
Altogether, 1t was a remarkable exhi.
bition Of nerve which was totally unex.
pectei by the eX-CZar's friends who knew
how deeply his conviction had affected
him.
Justice Bartlett ordered the courtroom
had thinnedout sufficiently. McKane was
led away by Sheriff Buttling to the car.
riage which was in readiness at the rear
entrance of the Courthouse to take the
In the carriage with McKane were s
Stryker Williamson. Deputy Sherif
Thompson and Sheriff Fulfilling.
Arriving at the jail McKane, who was
smiling. was escorted up the steps by
sheriff Buttling told an Evening
World reporter, who called at Ray.
mond Street Jail, that he would not take
McKane to Sing Sing until tomorrow.
He expected to go up with another
McKane will be included among the
S. Stryker williamson. who rode back
TO the jail IN the coach with McKane
said to an Evening World' reporter as
he left the jail, that the delay In taking
McKane to prison had been agreed tc
by Sheriff Buttling, In order that tbs
eX-Czar might have an opportunity &c
arrange his personal affairs.
II was also intimated by Mr.. william,
the delay by McKanc's counsel to make
APPLICATION to some other Supreme CourI
Justice for a stay OF execution.