New-York tribune., 1899-06-15
MOLINEUX'S EXAMINATION.
1T WILL BE HELD IN THE COUNT or
SPECIAL SESSIONS TO-DAY.


Roland b Molneux appeared in the supreme
Court yesterday morning TO hear MS cou"se'
argue for him on three writs which hnd peeh Hp-
piled for with n view TO securing his release iio"
the Tombs He was accompanied by MS ia'he.'
General MolIneux and by his counsel, Barto" ..
Weeks and George Gordon Battle. on account VI
the desire OF Justice Gderseeve not TO near aisu-
roent in the case because OF his friendship TOT
General Molineux. Justice Beach heard the arsu-
ment MolIneux's counsel had asked TOT thiee
writs-a writ OF habeas corpus. a writ OF ceru-
orari and a wri, OF prohibition. The proceedings
were taken by Molineuxs counsel In the nope OF pre-
,or,,nv an examination before Justice Jerome in
the Court OF Special Sessions on the latest charge
OF murder. 49,
Assistant Distrtct-Attorney Osborne asked for
some delay In making return TO the apphca-
,,ons Mr. Weeks said that Mr.. Osborne had prom
ised a copy of the return to him on Tuesday ana
that he would like permission. as Mr.. Osborne hao
been unable to get the copy to him. to look over
II and make oral answer
Justice Beach remarked that there had been con-
siderab bic delay already. and asked II the lawyers
could not go ahead with their arguments wi'hou!
waiting for the papers. Mr.. Weeks SAID ne "ou'i
assent 10 this IL Mr.. Osborne would indicate .ne
nature OF his return. that he might answer the
arguments contained in 1t. MI osborne saio 'na'
his return was in the nature OF demurrer 10 the
statements Of fact made by MT Weeks IN his aP
plcat,on. especially the allegation that the Nav
in the case. He wanted TO appeal to the dscre-
tlon of the Court.
Mr. Weeks in his reply moved that the part
rejecting on the May Grand Jury be stricken OUT
The fact remained that the Grand Jury had regn-
larly dismissed the Indictment against Molneux
Mr. Osborne said that ne would like TO have the
Justice examine the written return before deciding
on this motion.
Mr. Weeks made long argument. attacking the
Jurisdiction Of Justice Jerome OF the court o'
Special Sessions to examine Molineux. He de-
clared that IT,, dismissal OF the indictment by the
May Grand Jury should have resulted In the dis-
charge from custody OF the prisoner. lie quoted
the Revised Statutes to show that a resubmssion
OF the case by n District-Attorney to the Grand
Jury violation OF the intent OF the law, as
well as Of a prisoners constitutional rights and
amounted 10 persecution. Justice Jerome, he ar
gued could only hold for the Grand Jury. and this
was practically a resubmssIon to another Grand
Jury Of the charges dismissed by the May inquest.
MIR. osBORNEs REPLY.
Mr.. Osborne replied to these arguments by saying
that as the law stands a District-Attorney could
go often as he pleased before Magistrate with
a case. The change OF the old law so as TO prevent
a Disrict-Attorney from taking a case repeatedly
before a Grand Jury for the purpose Of pre-
venting the transgression Of prisoners rights by
repeated examina tions before secret tribunal.
The District-Attorney, in taking the before
Justice jerome. had granted to the prisoner
privilege TOT Whlcn ne nad Deen cldmOTlnB,
opportunity OF open examination where the Dis
trict-Attorney would be compelled to disclose his
evidence and where the prisoner could confront II.
To decide that this could not be done would throw
the District-Attorney upon the necessity of going
before Judge OF General Sessions for an ex parte
order for resubmission of the case to the Grand
Jury.
orney OF any citizen to take which has been
| dismissed by a Grand Jury before Police Magis-
ends Of justice would be often defea ted by the pres
eniation by a District Attorney or a weak case
dnce I0TF might aPe be- Sufficient to conyct Mr. osbo
said also that the examination before Justice
% oF Of the q ffe0ra
| Mr.. Osborne was going 10 continue when JustiSe
| being unnecessarily taken up.
But this is grave case" sah Mr. Osborne.
Yes II is a grave case. and there are other grave
| cases before this Court too was the Justices
MT. Weeks made a short reply to what Mr.. os;
| borne had said. He declared that 1t came with bad
grace IRON on open mg Examination when The opportunity
| had been given the Coroner's Inquest
THE PAPERS HANDED IN.
| The belated papers were handed in by the Dis
| trict- Attorneys messenger when the Justice was
delivering his opinijn.
| This Court knows no reason Justice Beach
| said why II should interfere with the Justice or
the Court OF Special Sessions going on with this
case. 1t seems to the Court that the procedure in
much experience with criminal law, this matter
| Dain. Assuming that TINS examination taxes
| place and that the prisoner Will be held IL seems
10 me that the decision of the rights OF the prisoner
with respect the dismissal OF the former indlct-
ment rests In the Court of General Sessions where
| the return OF the Police Magistrate will be made.
| "It NAV be that the District Attorney mas
| right 10 an ex parte order from 4 Judge OF the
| Court OF General Sessions upon his application, as
| has been said but in any case II seems TO me that
the Legislature in amending the stature has left II
10 the Intelligence Of the Court OF General Sessions
| whether the matter shall be resubmitted to me
| Grand Inquest In that court, II seems 20 me- the
! counsel may assert the rights he thinks the Pris
| oner may have become possessed or by the dis
| missal OF the by the May Grand inquest
| when the return OF the Police Magistrate Is MADE
| II seems 20 ire the counsel may press his conten-
ton that the prisoner has a right TO be free and
that Will be for the Court OF General Sessions TO
| decide.
| "For this Court to interfere with the regular
course OF criminal justice In the Court OF Special
| Sessions where examination is the right Of the
people as well az the right Of the accused would
! be in nv Judgment a most unheard-of proceeding
The application for the writ OF prohibition Is Il.
| therefore denied, and consequently the writs OF
| certiorari and Of habeas corpus are dismissed
! After the decision OF Justice Beach was given
! Moneux taken back to the Tombs. In the
| afternoon Mr. Osborne and Mr.. Battle appeared
before Justice Jerome and arranged to have the
| examination OF Molineux begin In the Court OF
Special Sessions this afternoon