New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-02-14


cecdings by the exercise Of judicial power on
the one side or judicial leniency on the o'her
Judee Bartlett has presided with a marked de-
gree of patience. no matter which side was au-
yocating it's presumed rights under the law
The testimony for the defence in sur-reDuttai
closed about noon yesterday, and at 12:4' the
Court took a recess until > o'clock. An under
standing had been reached whereby eX-Judge
Troy should occupy the four hours Of the after
noon session In summing up for the defence;
that General Tracy should sum up for IKE
reriod extending from o'clock this morning
until o'clock when recess should be TAKEN
and Judge Bartlett would begin his charge 10
the Jury at . o'clock. This charge Will probably
occupy one hour. The case will therefore be III
the hands Of the jury by o'clock. and unless
some extraordinary conditions exist there shouid
be- a verdict within few hours.
The Jury will have many points to consider
and II Is possible they will require instructions
on law questions: but by midnight. at the latest,
n verdict should be rendered. one familiar with
the case can see no hope of a verdict for the de-
PENDANT on any just and honest grounds oi rea-
son The prosecution has presented evidence
most convincing. and supported by nigh class
~ Witnesses The attempts Of the defence have
I'm almost every proved abortive under
cross-examnatiOn. This includes an estimation
of the quality of testimony offered by McKane
himself in his own defence. after thirteen hours
Of lnquisition on the witness stand. and in which
he swore absolutely to a missta tement OF facts
In an affidavit declared by his counsel in the
mandamus proceedings before Judge Cullen. and
adhered to his later conclusions as expressed
before the Court and jury.
Much was expected OF ex-Judge Troy's argu-
81
heard upon is conclusion His speech was fee
ble In the condensation and grouping Of evil
dence: he was lachrymose IN his opening and
lachrymose In his ending, to a degree which eX-
cited sneers and laughter. suppressed in
obedience to the naturally preserved decorum of
a courtroom NcKane himself sat facing the
jury with dropping eyelids IL must be truth
ia y said however that the mans face bore
signs Of suffering: and II the jury WAS Of a
sentimental quality they might readily have
been moved to pity. To the more practical
mind. however. the exhibition in which the de-
PENDANT was the chief figure ludcrous.
STARTLING TESTIMONY GIVEN
The morning session opened with some
startling proofs OF the low methods pursued by
the defence under the guidance Of George W.
Roderick the close friend and legal adviser Of
the Gravesend Boss He closed his part in the
trial ANONYMOUSLY. and the case If the de-
PENDANT went down ingloriously under his leader
ship at the end of the testimony offered by the
defence. and it came about In this way: Rod
crick called John !. Voorhees, the town clerk of
Gravesend. to the stand To identify registry
lists made by the inspectors and retained In
their houses which was admissible under the
law Mr.. Shepard cross-eNamined the witness
with respect To districts Three and Four The fact
was developed that these lists had been taken
from tie office Of the Town Clerk last Sunday
morning by Gerretson Morris: the witness was
not positive about the First District the
third He said. however that SO late yester |
day morning the copies were first filed in his
Office
AS to the others" was asked. Al have
no recollection.
Q-You testified as to the Fourth District |
when was the Fifth District filed in your office?
A.-This morning
Q-And the Sixth? A-This morning.
Then a subpoena was offered which required /
him TO produce the certified copy of the registry
lists Of 1893 in his possession. He was asked; |
"Did you produce them un Ter the subpoena
Ayes. sir
Q-ExceptIng as they came into your posses
sion with this subpoena. were they ever In your
possession? A.-Not all OF them.
Q-iIOw many OF them were taken away and
brought back this morning?
The witness. who Is gray haired man. sixty |
or slXty-hve years Old squirmed under the ques- /
ton. Judge Bartlett. darling toward him side !
glance. asked: How does 1t come that you let |
anybody take those records away. especially in !
view of a proceeding like this?"
Mr. VOORHEES, replied: Because ! thought Mr..
Roderick wanted Ia see them.
Judge Bartlett. still looking toward the witness.
sharply asked: DO you let anybody cart away |
the records of the office at your sweet w.ll?'
Tn" witness meek.y answered: NO sir.
Judge Bartlett continuing said Il think II il
incumbent on you to give some reasons. do
not think anything could be more improper than /
for public officer to give the records into the
hands Of one OF the defendants" The witness
said they had also been In the custody ~ the |
for the prosecution.
MIR. SHEPARD AROUSED.
Mr Shepard jumped to his feet. and exclaimed
with shrill. dramatic voice. Never, never
thought OF such "A thing. your Honor. as remov-
Ing these records. They were In my hands only
In the Grand Jury room. or In the courtroom.
The question then asked sternly by the
Court: "Who removed these records from your
Office? A.-t;arritson Morris and Mr. Bausen-
vein. two of the inspectors.
Q.-And what did they say. II anything A.
They said Mr.. Roderick would like To see the,l.
The witness. in ptiful condition OF empar-
said that he had seen the copies lor
the first time yesterday morning wheh tht SUI
poena was brought to him for their prou1c ,,
and that he had no personal knowiedge oi ''et
existence until they were brought 10 MS oi'ioe'
BLOW TO THE DEFENCE
After testimony respecting the calls made upon
the town clerk for copies Mr. Shepard put IN
evidence the subnoena served on Mr.. VOORHEES,
Yesterday and asked him to look at the sigma
lures attached thereto Mr. Roderlck opJecteu.
Judge Bartlett then inquired where the cer,i'l-
Gates were. showing that they were eop'eS'