The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-03-26
Woft by MlpIl1teux
Court Decides Bs has the Right
@ Inspect Grand Jury Records.

means much for Roland 3. MOlineaux
was gained in his behalf when Judge
Blanchard. of the court of general ses-
sicns, decided that Molineaux's counsel
were entitled TO inspect the minutes of
the grand jury.
It IS said that evidence which the dis
trict attorney withheld at the coroner's
| inquest was given by the same witnesses
before the grand jury. and il was this evil
| dence that Messrs. Weeks and Battle
wanted. They will now be placed in pos
session OF the stenographic report Of the
! proceedings of the grand jury, as well as
| given access to all the exhibits in the case
and provided with Photographic reproduc-
/ tons Of the same
| MOlineauXs counsel viii search for evil
dence which may be regarded as illega,,
incompetent or insufficient, and the finding
Of which will constitute the basis of
motion to set aside or quash the indict-
| ---a=-..
Lawyers Weeks and Battle say that if
they are satisfied with the legality of the
! evidence presented TO the grand jury they
/ vii have no recourse to further dilatory
/ proceedings, but consent to MolineauX's
! arTaignment for pleading. This means
| that his trial win follow
I'VE are reasonably confident" said Mr..
| Weeks to a reporter, that we shal. find
! AIolineaux was indicted on insufficient evil
dence. This being shown to the salts
faction OF the court we believe that our
motion to set aside the Indictment will be
acted upon favorably. As soon as the dis
trict attorney provides US with the type
written report OF the evidence We shall
get to work on it, and may be in position
to appear again in court next week
Molineaux was delighted when informed
OF his victory. To one of the keepers ne
said:
well, that is immense. I feel now that
it is my turn, and that the fight my law
yers have been making for me viii be a
winning one"
MolineauX lighted a cigar and asked for
the afternoon newspapers. He was visited
by Lawyer Battle, who shook his hand
warm--.
We've scored one hit" said Mr. Battle,
at parting. MolineauX smiled. On his way
back to his cell he whstled.
In his decision Judge Blanchard reviews
the inquest and makes a point of the fact
that Molineauxs counsel was not permit
ted to examine the witnesses or to take
any active part in the proceedings. He
refers to the unsuccessful efforts of Moli-
neauX's counsel to force an examination
before the coroner when a day and hour
for such examination had been named.
and adds that the fact that the defend !
ant was indicted without having had a
preliminary examination before a magis-
trate. furnishes a strong inducement to
the court to look upon the application with
favor
The decision goes on:
Where a prosecution is commenced in
the grand jury room. the privileges of A |
prior examination are withheld from the
defendant, and he must proceed or stand /
trial, apprised only by the accusation Of |
the indictment and by the names of the
witnesses Endorsed upon it, A defendant |
who seeks inspection of the grand Jury
minutes on the sole plea that he had been |
deprived Of preliminary examination .
should have the ear of the court
Judge Blanchard quotes Judge Cowing's
decision in the case of Carlyle W. Harris
as precedent. and continues:
In my judgement. the defendant. under
the circumstances disclosed on this mo-
ton, is fairly entitled 10 inspect the evil
dence given by the peoples witnesses be-
fore the grand jury. and l fail to see how
the people will suffer any prejudice by
allowing such inspection
at is contended by the district attorney
that this is a motion for an unusua. and
extraordinary privilege and that the de-
fendant should not be permitted to in
spect the minutes of the grand jury with
out first showing the court extraordinary
cause or necessity therefor. l cannot sus-
tain such contention. There are many
presidents for an application like this. and
the rule is that the defendant must show
cause which shall he sufficient in the
judgment of the court. 7 find no authority
for the proposition that he must show ex
ira ordinary cause.
Among the reasons pointed out by the
defendant why this application should be
granted, it appears that at the inquest the
district attorney insisted that the testi-
mony given by the defendant and other
witnesses indicated that the defendant
had committed the alleged murder. but
it does not appear but that the defendant.
had he been permitted 10 do so. might
have furnished testimony in his own be-
half which would have tended to explain
or nullify the testimony adverse to him.
And the defendants counsel in MS NOV
ing affidavit makes allegations which. in
effect. charge that the Indictment in ques
ton was found upon evidence that Is in
sufficient in law to sustain it, and insists
that the defendant should not be nut 70
he expense. notoriety and ignomnv Of a
public trial without first being allowed an
opportunity to ascertain whether the jesti-
nony before the grand jury was sufficient
10 establish a Drima facie case against him
n the eyes of the Law upon which he can
esally be put 10 his defense
IF the indictment was found without
legal evidencesto sustain it. it is
Tot an Indictment in contemplation Of law
md cannot stand.
The presumption of innocence always
attends the accused. and that wise and
ancient rule OF ,aw should be as much re-
ipee-ed and enforced in the preliminary
nvcstigation Of an alleged crime as al any
stage OF criminal proceeding. Indeed.
his presumption should then and there be
most strenuously insisted upon Every
tep in a proceeding which may result IN
lepriving a human being of life OF liberty
hou'd be taken with the most jealous care
0r the rights Of the accused. and the zeal
II prosecuting officer can never be a
JUSTIFICATION for the punishment o. the in }
looeut
1T has not been shown that the inspeC=
ion ny the defendant ~ the minutes " 9
he grand jury viii in any way 5e detri-
mental 20 the peoples case or 10 the due