The evening world., 1894-03-16
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perspired freely called out.
Kenneth F. Sutherland to the bar.'
we move for judgment" was all
Mr.. weinberg said. and as he sat down
again the crier kept on calling:
Kenneth F. Sutherland! Kenneth f.
Sutherland.'
The cry was taken up outside and
hoated down the corridors, but there
/ was no responding voice.
After a moment Lawyer Backus, look
Ing very pale, and twirling a pencil to
conceal his agitation, said that he had
no objection to sentence being pro-
nounced. He was. however, anxious as
to what disposition should be made OF
the bonds.
ut seems to me-" said Justice Brown.
In the same icy voice which character
lied him during the trial, that the
bonds should be declared forfeited, and
that bench warrant should be issued
| for the prisoners arrest. He should be
| here now"
Lawyer Weinberg pointed out that
there were other charges against Suther-
| land, and other bondsmen. He was
charged with conspiracy and other grave
crimes. He wanted to have all the bonds
forfeited.
| Lawyer Backus then spoke about the
| first trial on the misdemeanor charge
when the jury diagreed. He said that on
that trial Sutherland attended every day,
and he was also fairly regular in his at
tendance during the second trial.
Il asked him." he went on, "to be
| sure and attend all the sessions of the
court and he promised to do so. He was
| here when the Jury retired Wednesday
| evening, and left word with me when
| he was going SO that could send for
him when wanted.
II have since ascertained from the
friends who wer with him that evening
that he remained there over an hour. /
have had no direct communication with
| him since.
Il was informed early yesterday morn
Ing thar he would be at my Office at Ii
| o'clock yesterday. Then the time was
| changed to five o'clock in the afternoon.
| He failed to appear. I do not know
where he is, nor do his friends, SO far as
1 can make out have no desire to
cause further delay in this matter, and
presume that the usual procedure with
| be followed.
One Of Sutherland's bondsmen called
on me yesterday. He was nervous, but
| on the representations made to me by
| Sutherland's friends, told the bonds
man that he would be all right. There
Is possible explanation In Sutherland's 3
habits. He may, in fact turn up yet"
The explanation referred to was a
story set afoot by Sutherland's friends
that he w'r IN "spree'' and was ig-
norant 80 .sc whole proceedings Law
yer Wc-rsc~g acouted such an idea and
said tha. S"th"-,and was we'll aware OF
his cor-'-.'cr.
Justic- o-"wr then cited the law bear
ing on ~" c"se. He said that II was
not nec"""~sy For Sutherland to be In
court v'"-" the verdict was rendered, as
| 1t was "imple case of msdemeanor
| He sho"id. however be in court for SEN
tence and the bonds woul- be declared
| forfeited.
| "As to the sentence ITSELF" said the
Judge, II am inclined to postpone 1t
until Monday morning. The bondsmen
will have an opportunity to produce him
at that time. 1 do not think that you nor
Backus can be blamed in the matter"
Lawyer Weinberg then moved that all
Of Sutherland's bonds be declared for
feited. They amount to 1850 for all,
conspiracy charges included.
| This, however. the Judge would not
allow.
| Robert Furey and James w. Blrkett,"
called the clerk, your bonds for the
production Of Kenneth F. Sutherland are
declared forfeited"
| There was a low but significant
whistle In court, and then profound ST.
lence as the Clerk kept calling upon the
bondsmen to produce the body of Ken
meth F. Sutherland. That practically
completed the proceedings. Neither of
the bondsmen answered.
1t was ordered that notice be served
on all the other bondsmen to have Suth-
erland In court Monday morning Other
wise the bonds will be declared forfeited.
Thestory published this morning that
Sutherland was engaged to marry a
young New York woman, intended for
effect. has already caused trouble. There
Is no truth whatever In 1t. He was, It
is said engaged to marry the daughter
Of well-known Coney Island hotel
keeper. When the latter heard Of the
second engagement" It is said, there
was scene. The story was to the effect
that instead Of fleeing. Sutherland came
over to New York to say last good
by to his intended.
/ There is not word of truth in the
story" said Lawyer Backus to-day, "and
1t should never have been printed"
|