The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1899-05-10
Sending Poison.Basis of
Charge.
Counsel Weeks Protests at Sec
Ond Arrest.

New xOrk, May 9.-hoiano d MoH-
peux, who has spent weary weeks in the
Tombs prison, charged With the murder
of Mrs. Kate ]. Adams, was freed from
that charge today. The grand jury failed
to find an Indictment. BE walked out of
Judge McMahon's court room. part one,
of general sessions, ouly to be re-arrestsd
at the door. charged in special sessions
warrant with assault in this first degree on
Harry Cornish. The basis Of this accusa-
ton was that he had sent poison through
tho malls with intent to kill the later.
His lawyer. Barlow s. Weeks, accom-
panied him before Justice Jerome and
argued that the charge was the same as
that upon which the grand jury had just
acted and that the proceeding was Illegal.
Justice Jerome adjourned the hearing
until tomorrow afternoon, Molineux was
held.
There was great excitement in the
criminal building this afternoon when it
became known that the grand jury had
failed to find an Indictment against
Molineux. The sign that the polling was
about to begin was given soon after three
o'clock when the officials of the district
attorneys Office walked out of the grand
jury room. Soon 1t was announced that
the inquisitors were ready to appear be.
fore Judge McMahon, who had Kept his
court open for them.
When the grand jury appeared In Judge
MoMahon's court room ten minutes later,
there was q large crowd present The
foreman of the grand jury announced to
the judge that the charge against Moil-
neux had been considered aud had been
ii haw ra n a "
room while the body was polled and. 1t
| was found that seven of the members had
voted for Indictment and eleven against
| 10, i've being absent. Word was sent I'M
| med lately to the Tombs and Mol1neux
WAS told of his good fortune. Shortly be.
an officer appeared in the court room. He
| faced the crowd and the judge calmly.
When he arrived before the bar Judge
Mcmahon asked: SIS there any further
| charge against the prisoner?"
"Ihere is no existing charge" said
Assistant District Attorney Blumenthal.
discharged. 4" said the judge abruptly
There was not a trace of feeling on
Molineux's pale face. He stood moment
and then, taking his hat, started 10 walk
out Of the court room. He was met at
the railing in front Of the bar by his
counsel, Barlow S. Weeks, who had
rushed from his Office on hearing the
l
young man, shook 1t and said some en-
coura cing words. Then Molineux smiled.
| Weeks latd his hand on the mans should
er and then they walked out of the court
room. AT the door they were met by
Detective Carey OF police headquarters,
| Jerome of the special sessions court,
charging Molineux with the assault on
Cornish in sending cyanide of mercury
with intent to kill him.
Weeks protested without avail. Assist
ant District Attorney Osborne was
present and the arty went to the cham
Der OF Judge jerome, where the warrant
was read.
Weeks declared this charge should stand d
as 1t was based on the evidence which the
grand jury had ignored in the murder
plea, but the judge refused to consider
this plea, declaring that the warrant
could not be dismissed unless Weeks
could show tnat the specific charges OF as
| sault had been ignored by the grand.
Osborne admitted that II Molineux was
\ held on this charge the case would
probably be submitted to another grand
| jury with view OF connecting the
prisoner with the Adams poisoning. The
Judge declared that as one grand jury
had acted In the matter he could not ap-
prove such an idea. In the midst of the
argument 1t was decided to continue the
case until tomorrow and the attorneys
then began u discussion OF the subject OF
bail No bail was fixed by Judge
Jerome. The judge wants to confer with
District Attorney Gardiner before fixing
ball.
The following were the witnesses in the
lMolineux case examined by the grand
jury today. Harry Cornish, Chief Of
tDeteotives McClusky. HANDWRITING Ex-
perts kingsley, Frazer Terrell and Os-
| borne, DR.. Hitchcock, Prof. witthaus,
Mrs Rogers. daughter of the murdered
woman, Messrs. Baker and Gordon, the
| coroner's stenographers, Detective Ser
1 oeauts Carey and McCafferty and Felix
j. Gallagher, formerly An employe OF the
| Knicker booker club.