Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-03-23
THU RSDAY MARCH %, 1899.
TIE NOLINEUX CASE.

Roland y. Molinoux. the young New
York athlete ana fast-society man, who
IS in jail 90 answer the charge of killing
Mrs. Adams by means Of package OF
poisoned bromo SETTER sent to Harry
Cornish. has scored a victory in the pre-
liminary skirmish before the courts.
The Coroner's inquest upon the body Of
Mrs Adams was abruptly terminated
and AIollneux was given no opportunity
10 summon any witnesses in his behalf
And the Dlstrict-Attorncy Immediately
called the attention Of the grand jury 10
the case. and thereupon Molncux was
presented There. again, the accused had
no opportunity 10 offer evidence to show
his innocence. ."
When Molineux was called upon 10 plead
his counsel moved the trial court that
he be allowed TO inspect the minutes OF
the grand jury. To this proposition the
District-Attorney objected, and IN the
argument which followed much acrimo-
NOUS language was used.
Judge blanchard took the papers in the
case. and It was not until Tuesday that
he announced his decision which was in
favor Of the prisoners motion. The Judge
was greatly influenced by the fact that
Monnoux has never been before an oX-
aminlhg magistrate. and though called
upon 10 plead, had had no chance TO cN-
anime and sift the evidence produced By
the state.
Now the minutes Of the grand jury viii
have TO be produced. They exist, we sup
pose. in the form of verbatim report
made by a stenographer After they have
been examined by Molneux's counsel,
it Is safe to presume that that gentleman
will move 10 Quash the Indictment. upon
the ground that It was found upon INSULT
cicnt evidence That the Court recognizes
his right TO make such a motion may De
seen from the following extract from
Judge Blanchard's opinion:
"The grand jury is a part Of the court
and II cannot be maintained for mo-
ment that all its proceedings upon which
an indictment is found are not open TO
inspection 10y the court. 70 hold other
wise might result in particular cases in
changing what is meant to be a fair and
Impartial investigation by n part Of the
court, for tho protection Of society, into
a star chamber inquisition.
''1he presumption OF innocence always
attends the accused. ana that wise and
ancient rule of law should be as much re-
epectcg ana enforced in the preliminary
investigation OF an alleged crime as at
any stage OF a crimipal proceeding. In
deed, this presumption should then and
there be most strcnuously insisted upon.
EVERY step I'm a proceeding which may
result In deprlving "a human being of life
Or liberty should be taken with the most
Jealous care for the rights of the accused.
ana the zeal Of a prosecuting officer can
, never be - justification FOR the punish
1nent OF the innocent. Too many safe
guards cannot be devised TO protect the
innocent in that most valuable Of all
earthly possessions good name and an
unblemished reputation.
- humane Interpretation OF the law is
Shat the grand jury is forbidden TO find
an indictment without sufficient legal evil
dence. We find nothing in the record be
fore US upon this application TO indicate
that the District-Attorney has not fully
performed his duty as a public prose-
cutor In a faithful and efficient manner,
but IL has not been shown that the in
spection by the defendant OF the minutes
OF the grand jury upon which the indict-
ment was found will in any way be de-
trimental 10 the peoples case, or TO the
due administration of Justice or against
public policy. and after a careful con-
sideration of the argument of counsel and
OF the facts as presented by the motion
papers l am OF the opinion that i'm the
interests OF proper administration of
justice ard In fairness 10 the defendant.
hs motion FOR an inspection OF the min
utes OF the grand jury should be grant,
cd Nrfav. .I..
These proceedings are being watched
by the New York public with more than
ordinary interest. because it is believed
that the State hasn't very strong case
sgainst the prisoner. quite probably he
Is guilty. but II so 1t Is not going 10 be
easy 10 establish that fact.
The investigation made by the Coroner
WAS loose. harum-scarum. bulldozing
thing not worthy Of the name Of lin
quest Coroner Taylor. Of this city.
would have died almost before he would
have permitted such carrying 0ns" as
the New York Coroner furnished the SEN
saiion mongegs OF New York day after
day.
IL seems. too. that Observation-Disclosures
Gardiner Is not distinguishing himself as
"A prosecutor. and that he has made him.
sell very obnoxious 10 some OF the
judges Furthermore. from the beginning
of Tie Moiineux case Gardiner ana the
Wuee have not worked In harmony.