New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-02-06

such a paper.
A COMPLETE LAPSE OF MEMORY
The witness did not remember that Mr. Grout
had told him that Mr.. Gaynor insisted on maxi
ing his copies Of the lists. His memory
lapsed completely at this point, and he seemed
to be forgetful of everything that resulted from
this request and his own efforts TO comply
Herewith. lie said his understanding was that
the men copying the lists at the time Mr. Cay
nor's men went to the Town Hall at Grayesend
offered to read off the names. but that the visit
ing party objected The witness then told of the
disturbances Of the Friday night preceding the
election and insisted that in response to tee-
phone messages sent to him 1T Brooklyn from
Ora yesend he had replied that II the men who
went down there were representatives Of Mr..
Gaynor they should lie let alone unless they
interfered with the peace or inc town, his
argument being that IL any arrests were made
the fact would only supply basis for news
paper criticism.
Much time was exhausted in ascertaining the
purpose Of the defendant in going to Sleeps
head Bay before ne went to Gravesend on Satur-
day night The weather was stormy, he said,
and 1t seemed to counsel for the prosecution in
consistent that, knowing from Il telephone mes
sage from Gravesend that disturbance was
expected there the defendant should have gone
this roundabout way to the point. lie eHplalhed
that his knowledge of the habits OF mis- fanlly
LED him To believe that they abandoned the
lower rooms OF his house between 3 and 10
o'clock every evening; that he could not COM
municate with them. and knowing that his
carriage was waiting for him at Sheepsncad
Bay he had gone by that route in order TO
avail himself OF the OF the team that was
awaiting him at the station there in accordance
with his usual custom Of returning TO his home
every night.
ANOTHER TANGLE ~ TESTIMONY.
There was much brought forth respecting the
encounter by McKane with Colonel Bacon on
Tuesday morning The witness at first said that
he was within a short distance Of Colonel Bacon.
and the latter might easily have touched him
with any paper held in his hand. He declared
that he did not personally see any display of
reyolvers or of sticks calculated for in de-
fence or attack At this point General Tracy
confronted him with affidavit made In the
contempt proceedings in which the witness
had stated under oath that there was a dis
play of revovers and sticks and clubs and
hence the arrest Of the party
Confused and COMPOUNDED by his conflicting
statements McKane had much difficulty in going
forward. and he irritatel the judge by the ir-
relevancy Of his answers Questions that were
put to him in a direct and legal form were
eva,led. and only positive affirmative answers
We're drawn from him after the most persistent
endeayor on the part Of counsel ana the Court.
He denied absolutely and with emphasis the
statements that he had ordered the arrest Of
Colonel Bacon and others who were bundled WIN
him into the carriage for transportation 10 the
county Jail. He said that IT, had given no order
If arrest except general order issued on Mon
day night by telephone Here he contrad.cted
clearly the allegations Of Captain Hnman and
himself 10 the effect that he had given orders
for the arrest Of these people on the morning OK
Election Day
Coming down through maze Of interroga-
tories concerning his relations with different
organizations ana his influence in the community.
General Tracy finally surrendered the witness 10
the defence for redirect examination. Judge
Toy questioned McKane or many points bearing
upon the slips that the witness had made dur
ing the court examination. Judge Troy seemed
almost instinctively to avoid a reference TO the
affidavit in the mandsmus proceedings, but
finally edged Up closely en- )ugh 10 ask the wit
ness something in regard To the history OF that
unfortunate incident
HAD NOT READ THE AFFIDAVIT CAREFULLY
McKane said in substance In reply to Judge
Troy's questions: II looked over the papers and
saw I was charged with certain things / had
not done. l had general talk with Mr. Roder-
lex One was a charge by Mr. Gaynor, another
by Mr. Marshall and another by Mr. Mayer. in
relation To the conversation over the telephone
with Mr Trout al, also q COM oI t'ts
street with Mr.. Mayer. asked Mr. Roderick
to get up affidavit in denial and talked
10 him generally on the matter and went away.
Aftcrward I was In Wiloughby-st. The afi-
davit reached me there-I don't know the hour 1t
was handed TO me. | supposed II was drawn up
in the way | talked with Mr.. Roderick so l
glanced over it. | only saw what it contained
about these things | have referred TO. did not
know that it contained anything about my hay-
ing seen the rolls and signed 1t without read
ing IL very carefully"
The witness made this declaration Of inn)-
cence in confused way. and later along Mr..
ROderick seemed anxious 10 get before the Court
some statement IN his own behalf In regard 20
his connection with the affidavit. General Tracy,
however. objected. on the ground that certain
questions which he had put To the witness yes
terday morning did not bear upon references
in this particular affidavit. and that
the truthfulness Of the statement
OF the witness with respect to his averment on
that the declarations made upon the
stand. though they confiicted with the state
ments made in the affidavit. was unimpeached
by the prosecution. hence counsel for the de-
fence. who had been instrumental in drawing
up the affidavit had legal ground for intro
ducing any personal statement as to his connec-
ton Herewith, and that nothing further could
properly be drawn from the witness on that
point beyond the statements he had already
made. Judge Bartlett seemed to be in doubt on
lection raised by General Tracy.
Shortly after ) o'clock Judge Bartlett ad-
journed the Court. announcing that he was feel
u,ilI no