New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-04-14
A VICTORY FOR LAW.

Tho decision of Justice Williams dlsmlssihe
the Molineux indictment is an important vihd'-
cation of the rights of citizens against 'he caie
,ess or malicious misuse Of the powers OF 'he
nublic prosecutor. Almost from the peginnins
NJ the proceedings before the Coroners jury
tho question of vital interest to the people OIL
,his county WAS not who killed Mrs Adams but
how far the District Attorney could trampie OH
tho rights of individuals lock them up without
O hearing charge them with crimes whose com
u,ssjon was not proved, deny them hearing
ana assume them guilty without trial Atevery
sta 90 Of the case from the arrest OF MIR. Moii-
neux The Tribune has contended that the pro-
ceedings against him were improper and 1rregu-
lar and a menace to the safety of every man
who might fall under the suspicion or the en-
nifty of the discretionary The steps taken
N secure his IMPRISONMENT without giving him
.ny opportunity to defend himself were out
rageous. In dismissing the indictment found
so hastily and on illegal evidence Justice Will
Jams puts stamp Of disapproval on the con-
duct of Mr.. Gardiner which that person is prob
ably too obtuse to understand, or, II ne uhder-
stands 1t, too vain to acknowledge.
Indeed. with the faulty usually to be ex-
peeted from him. his Office is putting brave
face upon It's ueledL anu pretending =" 'cs"-"
Justice williams's decision as little else than
victory What IL wanted, anyhow, was a
chance 10 secure new Indictment and by TAX
ing time enough it hopes TO secure one that VIII
stand, meanwhile keeping Moineux in jail for
month or so without a hearing pending an indict-
mept Nevertheless, in spite OF this conspicuous
sour grape rejoicing, 1t is evident that Mr. Gar
diner is disturbed by the prospect before him or
having to prosecute Mr.. Molineux in legal
manner IL at all. That by no means suits his
genius To gain time and break the force or
the blow he suddenly flashes on the public a
new bit Of alleged evidence which is heralded
by his coworkers in the persecution of Moli-
neux as proof of guilt" How much there may
be in this new proof we do not pretend TO know.
lis publication coming at the instant when Moli-
peux had gained an important point In his strug-
Gle against prosecution except by due form Of
law" and when the popular discomfort with
Mr. Gardiner was greatly strengthened by the
Supreme Court. ii is not possible to regard 1t
without suspicion. But whether ii is genuine
and significant or only one more of the many
efforts made in this case TO disgrace this man
publicly before his trial, II is really Of no pres
ent Importance. II Mr. Molineux is guilty and
can be proved so by that or any other evidence
duly submitted, let him be convicted at the
proper time and In the proper way. Meanwhile
the Supreme Court declares that Mr.. Gardiner
proceeded against him Illegally and dismisses
fhe Indictment. and orders the Dstrict-Attorney
either TO drop the prosecution or proceed with it
b. legal methods.
No order for release accompanies this de-
eision. and indeed was not TO be expected Mr.
Moiineux is held under the original charge
sworn out before the Coroner. from whom the
ease was taken by Mr.. Gardner to submit 1t In