New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-08-05
PROBABLY LITTLE HOPE FOR NKANE.
SOME COMMENTS on THE GENERAL TERMS De
CIsIoN-JUDGEs NOT SUBJECT 70
LOCAL INFLUENCES.

sovr, COMMENTS on THE GENERAL TERMS De
C1sIoN-JuDGEs NOT SUBJECT TO
LOCAL INFLUENCES.
The unanimous decision OF the General Term IN
tho NoKane case has occasioned no surprise IN
fact 1T was precisely what those who nave iOi-
lowed the case carefully have been looking ior vi
course. II must give special satisfaction to the
counsel who conducted the prosecution that tney
did their work so carefully that not SINCE flaw
was found in ii. Every one of the points raisei
by McKane's lawyers In his behalf was set aside
and oyerru.ed The decision is specially significant
from the fact that II written by Judge Lanoon'
O, Schenectady who sat in the General Term in
the Second Department by special arrangement
His findings were fully concurred in by his asso-
ciates Judges Brown and Dykman II is supposed
that there will be final appeal 70 the court OF
Appeals but far as can be seen. there is no
reason expecting reversal Of the findings OF the
lower courts.
at seems strange TO me-" said citizen who has
the deepest interest," in the proceedings for the
punishment Of the Gravesend law0reakers tnat the
rnouthpece Of the Ring in Brooklyn. the on.y
tence Of Mc i should now come forward with
the assertion that while the decision Of the Genera;
Term was only what was. expected. The relief
hoped for is looked for at the hands Of the Cour,
OF Appeals Then it goes on 10 say that. IN
mited under the pressure Of the public excitement
that aroused while the tria. was in progress.
This is rea.y astonishing when We remember tnat
the opinion handed down by the General Term was
from the pen of Judge Landon. who cannot possibly
be said TO have been subject 10 local influences ana
who is not in any sense one of our local judges
Moreover In dispassionate view, weeks ana
even months after the conviction, II Is only, hat,
ura that judges subject to local should 1a
udices and prepossession. AS a matter or iac 9
neither OF the three General Term judges belongs In
Brooklyn. Besides. 1t is plain that our local
judges were not wrongfuily COMMITTED, because cause
in the contempt proceedings against Mckane judge
and called out not little criticism in cSnse.
Quence. To me 1t seems cruel 10 buoy up Mchahe
x.,ith tha hat no
outsider. have said that there was not the snght-
est ground for setting aside the Judgment OF con.
OF Appeals will do. but If II overthrows the con
viction of Mc<ane 1t will be one OF the most as.
tonishng things ever done by the court OF last
mo, II McKane has any hope at all, IT is in
pardon by the Governor 1t is possible that II Gov
ernor Flower is not renomnated. and II he gives
may be induced to pardon McKane. In TACT, he
might-any Governor might-order general state
Prison delivery. But / do not suppose there Is
much probability OF such a thing. No Governor
would do this unless he wished to make the state
too hot for him to live in.
"As for the public excitement that was aroused
question as to its strength and vigor. But IL
came largely before the trial began II started on
white wheat on Election Day Itself CHANGED
day or two ago, 10 be looking over the files OF Inc
Eagle for last fall. and could not but recall on
ing Of the heart with which read the significant
editorial published In that paper on the afternoon
OF Election Day That gave the KEYNOTE f9r me
which took shape In the memorable meeting heio
in the Academy Of Music 70 demand the punish
ment Of the ra.cas Neverhe,ess II Wust be con,
fair and impartial trial and that he was justly
and rightly convicted. 1t is impossible TO believe
that his conviction will be set aside by the Court
80