New-York tribune., 1894-03-16
WHERE IS Il. +. SUTHERLAND? !?
THE CONVICTED GRAVESEND JUSTICE
ABSENT FROM HIS HOME.
A REPORT THAT HE Is on VISIT TO HIS
BETROTHED-HIS FRIENDS THINK HE
WILL BE IN COURT TO
BE SENTENCED

BE SENTENCED
The unexplained absence on Wednesday of Ken
meth F. Sutherland when he was convicted of mis-
demeanor in connection with the election frauds at
Gravesend is said by his friends to have been due
10 the fact that he had gone to visit young woman
whom he was to marry An effort will be
made 10 secure a stay OF proceedings pending an
appeal The bondsInen for Sutherland are Robert
Furey and James w Birkett. His bond in the case
for which he is convicted Is $500 He is under like
bonds for the INDICTMENT against him for conspiracy
and under 5000 bonds on the charge of failing TO
comply with the law in redstricting the town. max
ing 5000 in all.
DESPITE the assertions of the friends Of Suther-
land the belief prevailed last evening that he would
not appear in court to-day when sentence Is pro-
nounced. 1t could not be learned that he had been
seen by any one in Brooklyn or Gravesend after
he walked out of the courtroom on "Wednesday
afternoon when the jury retired TO consider the
verdict. His counsel Foster l.. Backus. who prom,
ised when he was convicted that sutnerishd M ~SHa %
be in court to-day for sentence waited at ms once
yesterday to hear from his client. but sald last
ertheess, he said. he was coniluent mat tie issI
Ing man would be on hand. although me penai
code did not seaue the 6e seSence o an pr
nounced. But If he does not appear alter t Dsins m
sentenced. a bench warrant for his arrest VIII De
Sheriff Buttling was not expected to take Suther-
land in custody to-day upon MS CONVECTION i1e
said yesterday: Il was in court ready 10 take hIi
In charge but the Gdse er saa II the ~S y had agreed
his said he would be personally responsible
for his appearance l suppose that II he does NOT
appear tomorrow there will be a bench warrant
issued for his arrest unless his counsel appeal the
case and a new bond is given | suppose an appeal
would act as a stay of proceedings, and II VIII not
be necessary take Sutherland into custody.
j. A. Weinberg. of the prosecuting counsel
referring failure OF Sutherland TO appear yes
terday, said: II would not stand in the shoes OF
Foster L. Backus for s. o0o" c,
Robert Furey one of the bondsmen for Suther-
bond at the request OF friend He did not deem
it possible that the Gravesend Justice of the Peace
would forfeit his bail -
Mr. Backus said in regard to the case: 'Mr
Sutherland charged with a misiemeanor. and ne
was not required to be in court either during ms
trial when the jury brought in the verdict lie
need not appear either when he Is sentenced Sec
ton No Az of the Penal Code provides this: For
purposes of judgment. if the conviction be for a
felony, the defendant must be personally present.
If for misdemeanor the judgment may De pro-
nounced in his absence. II Mr. Sutheriand Is not
present when sentence is pronounced the District
Attorney can Immediately move that he be apIFt-
hended. think that the talk about his disappear
ance is nonsense and that ne will be in court
If Sutherland fails reappear there Will probably
be number of the indicted residents of GraNcsend
Surrendered by ther bondsmen: Sergeant Potter.
of the Coney IslanS police, said last evening tnat
nothing had been heard Of sutherland at
his home. 1t thought in Gravesend that he
would remain away until his case had been de-
cided upon appeal
The trial Of Andrew Scott .Jamson. Gravesend
constable Of the indictments found against
him for perjury will begin before Judge Brown in
the Court of oyer and Terminer on Monday