The evening world., 1894-02-28
EUTHERLAND'S SIDE.
General Denial that He Is Guilty
of the Charge Of Oppression.
Court Room Crowded TO Hear Gar
McKane's Testimony.
"Shorts and Recalls for Gaynor
Men, Says Police Sergt. Murphy.

Justice Cullen's courtroom was well
filed at D o'clock this morning, when the
trial Of Kenneth +. Sutherland, Boss Nc
Kane's Cravesend Justice. was resumed
in the Brooklyn Oyer and Termincr.
The report that McKane himself would
testify to-day in behalf of his lieutenant
had brought out the unusually large
Gathering, but at that hour 1t 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 Gar at once to
Sing Sing.
Lawyer Backus, who was seen at the
courtroom before the proceedings began
this morning, was very reticent as to
what steps were being taken to secure a
further stay of execution in Mckanes
case. He would neither deny nor con-
firm the report that application for a
certificate of reasonable doubt would tie
made to every Supreme Court Justice in
the State before the friends of the fallen
boss would give up their fight,
I'VE are not going to publish what we
are doing" said Mr.. Backus. MIR; Nc
Kane himself will be here soon and you
can ask him if you choose"
1t was. pretty certain this morning,
however, that none of the efforts already
made to this end had been successful.
Application was made to Justice NJ. l..
Wright, of. Oswego. for "A stay yesterday
was denied, and it is said that the en-
deavors of the friends of McKane at
Albany were equally futile.
aTter a brief consultation with Col. Il.
Tense. Lawyer Backus began his opening
speech to the jury for Sutherland, a few
minutes after 8 O'Clock this morning.
lie said That the main point to be
brought out in the defense would be
that the acts charged against Sutherland
in the indictment had not been commit
ted by him.
The gist of the charge against him was
that he arrested the Gaynor copyists and
unlawfully, wilfully and m~aliciously de,
position. This Mr.. Backus denied. Suth-
erland, he said, had nothing to do with
the arrest of the men. The police of
GraVesend had made the arrests for
cause. The alleged arraignment before
Sutherland on the night of the arrest
was not an official proceeding. He did
not act as a Justice of the Peace until
the following morning, when he opened
his court in the regular manner.
The commitment to Raymond Street
jail was perfectly proper; Mr.; R 6as e
would show that Sutherland had told
each one of the arrested men what the
charge against him was, had given him
- 4 uiiiA ~ 81 'tiis Nht'h - 1900
failure to do this he had ordered their
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
haheas corpus had been issued, and that
the men had been taken out of his juris-
aiction., In some mysterious way the
by the COney Island Justice, had been
lost or mislaid.
1t would further be shown, said Law
yer Backus that Mr.. Circuit and Mr.. Ken
nnedy and the other gentlemen, who went
down to Coney Island the Sunday morn
ing after the arrest, to bail out the men;
made no efforts to find Sutherland, and
that there was no malice on the part of
The latter to the Gaynor party which led
him to conceal himself and keep out OF
Ihe way, as the prosecution had tried to
Evidence would be presented, the law
yer continued, to show that Law student
the time Of his arrest; that ne had been
Grinking all day. and that CopyistS
Sickle and Cottrell persistently refused
when arrested to give their occupation or
N business.
The first witness called for the defense
paS John J. Wilson, a KEEPER IN me
raymond Street Jail, who testified that
III ne mad destroyed the commitments ana
sscallr in the cases of Mcnamara,
Stickie and Cottrell. ON cross-eXamina-
u9G BY Lawyer Weinberg The witness IS
Sall he couldn't remember Whather ne
nta destroyed all the papers or not.
The witness said he destroyed seventy,
I'VE or eighty recalls at the beginning OF
once, The recalls of the Grayesend pris-
ohers were among them. The commit
hthlS were offered in evidence by Law
yer Weinberg. The defense claims tina
ne recalls which went with these com,
mitments destroyed their perpetual
Character, which is one of the strongest