The evening world., 1894-02-28
MUST. CALL M'KANE.
Justice Cullen Threatened to Re-
woke the Order of Recall.
Counsel Ordered 10 Produce the
Boss in Court This Afternoon.
His Testimony for Sutherland De-
layed for Purposes of "a Stay.

Justice Cullen's courtroom was well
filled at Q o'clock this morning, when the
trial of Kennel r. Sutherland, Boss Nc
kane's Gravesend Justice, was resumed
in the Brooklyn oyer and Terminer.
The report that Mcliane himself would
testify to-day in behalf of his lieutenant
had brought out the unusually large
gathering, but at that hour it 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 consultation with Col. +.
c. James, who is associate for the de-
Tense. Lawyer Backus began his opening
speech to the jury for Sutherland. a few
minutes after 8 o'clock this morning.
brought tao out TIN in The defer defense e'' 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 roper. Mr.. Backus
said that the witnesses for the defense
would show that Sutherland had told
each one of the arrested men what the
charge against him was, had given him
an opportunity to get bail, and on Their
failure 10 40 IHlS he ndu OTueTtl II
transfer to Raymond Street Jail until
Monday morning, when he proposed to
hold court again and finally dispose OF
the cases.
When the prisoners were sent for by
Sutherland Monday morning, said Law
yer Backus, it was found that writs, of
the men had been taken out of his juris-
Sspers in he eaae, ' which WsFe made TsS d dhf
by the Coney Island Justice, had been
lost or mislaid.
The fist witness called for the defense
Raymond Street Jail, who testified that
he had destroyed the commitment and
recalls in the cases Of Mcnamara,
ton by Lawyer Weinberg the witness
said he couldn't, remember whether he
had destroyed all the papers or not:
FIVE or eighty recalls at the beginning of
the year when the new Sheriff came into
office. The recalls OF the Grayesend prs
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 Suthcrland's
methods.
1--WE claim that there were no recalls"
declared Lawyer WernberS, but that
the commitments were absolute and per
petual."
In answer to a question by Lawyer
Rackus, the witness said he could swear
positively. tnat the commitments of the
Grayesend prisoners were al accom-,
Sutherland, requiring the. prisoners pro-
ouction at Conev Island on the Mon
day morning following,
Michael F. Murphy, of Coney Island.
Who made out tn" comnlaint against
Policeman Marcus. This was before JUS
tee sutherland arrived at court Sun
day morning.
When Mcnamara was arraiSned before
the Justice later the witness said that
sutherland Informed him that he was
CHARGED by Policeman Macius with be
in; drunk and disordnrly, that he was
entitled to ounse and that he would
fly his bail at 800.
Mcnamara, the witness said, stated
that he could not furnish the bail then,
whereupon Justice Sutherland said he
would remand him to the County Jail
IN the following morning at 8 o,clock:
We're also informed of the charge. Of
xagrancy against them and were held in
800 h1il each.
Shorts and recalls We're made out in
each case said sergt, Murphy.
What is a short go asked Lawyer
weinberg .,ro -on,,oa
Sergt. William Won Fricken testified
that he was In charge of the station at
E,oney Island sunday morning when Mr..
CIRCUIT and other BROOKLYN gentlemen
went down to bail out the imprisoned
ccnpyists, yon Fricken said he told them
mat he did not know where sutherland
was. hut that there was a telephone up
stairs and they could call him up at his
They did not follow his suggestion. but
! went away and did not return. Q said
\" told them that Sutherland left word
that he would be around his house dur
Sergt, Lewis NJ. Potter testified that
ne made the arrest of the Gaynor copy
ISIS az the order of John Y. McKane.
me telephone from BROOKLYN early Sat
urday evening. He searched the prison
ers that night. He was also in court
crS were arraiened, and said that all the
=. Ealuables taken from them the night be-
iorH we're returned to them.
When arrested. Justice Sutherland told
a. the prisoners what the charge was
against them, and held them in bail till
vThc witness said in answer to Lawyer
Merneerg's questions that Gardner, N
hHt"ctlNe, did not have any money. with
hhi nn, ont had a considerable quantity OF
no 'nid YOU believe all the other men tc
oNonc of the last three witnesses was
nmar 0 tell whether MaCius, who ap'
pearri as complainant against all the
C9ney Island police force or not,
oShram f, Stillwell, a venerable citizen
IIpal OF the Public School at ConeS
hSShd, swore to seeing Mcnamara vomit
ms frequently the evening in question
ana mat he was very drunk.
II ~ was reported about noon that Mc
sN"ne would probably not be produced
wouh witness to-day, as the defens,
p-norrow, IN order to secure more tim,
and pss,ymg Tor a stay. Justices Newton
ieetOs Morris, are to be called as Wit