The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-06-15
MOLINEUX STAYS IN JAIL.
ALI rnnnNwrIrs pUeSnuD BIZ JUS
TTCR BEACH.

Examin ation on tho Charge Of Murder Set
Down for To-day In tho SpeciH1 Sessions
The Prisoner Must Reserve His Objeo-
tions for the Court Of General Sessions.
The writs obtained by Roland b. Molineux-
q writ OF prohibition tenn porarilY, restraining
Justice Jerome Of the Court OF Special Sessions
from hearing tho charge that he had poisoned
Kate j. Adams. writ Of certiorari to rview
the proceedings under which he is held and
writ OF habcas corpus were all quashed after
argument. by Justice Beach OF the supreme
Court yesterday. On the hahcas Warden Hagan
produced Moncux In court from the Tombs.
and. being released Of his handouts Molineux
sat beside his father. Gen. Molineux. during
the hearing. Molincux wore blue serge suit
and n white and blue outing shirt. He was
rather pallId. Barlow s. Weeks argued for
him. and Assistant District Attorney Osborne
represented the people.
Mr.. Weeks rccounted the different stages in
the proceedings. including the first indict-
ment. its discharge by Justice Williams. the
refusal Of a subsequent Grand Jury to indict
holneux after examining thirty-three wit
nesses. his arrest warrant OF Justice
Jerome charging assault on Cornish. his re-
lease on bail, and his rearrest on warrant Of
Justice Jerome on a charge Of numbering Mrs
Adams Mr.. Weeks said that under tho law
when a case Is dismissed 10y Grand Jury it
cannot be submitted to another Grand Jury
without an order OF General Sessions. and 1t 10
conceded that no such order has been obtained
He continued:
We contend that Magistrate Jerome has no
jurisdiction. For suppose that he after a
hearing. decides to hold Molneux. for what
body can he hold him. For what purpose can
he hold him? He cannot hold him for the
Grand Jury. for the case cannot be resubmit-
ted on his proceeding. Therefore he cannot
have Jurisdiction"
In opposition Dir. Osborne said that under
the common law case could he resubmitted
| to Grand Jury as often as the District Attor-
ney considered proper. The statute requiring
Judges order for resubmission OF a case to
the Grand Jury. lie said. was to prevent star
chamber proceedings before that secret body.
In taking the case before Justice Jerome they
we're giving the prisoner privilege for which
he had been clamoring. the opportunity Of an
open examination where the District Attorney
would be compelled to disclose his evidence.
and where the prisoner could confront e. Tho
defence had objected TO the, case, going, TO
nut eor. ,T 1rgrny wtH2 being
| Directing because the District Attorney offered
them an open inquiry.
have the right to apply TO Police Magistrate
for - warrant where Grand Jury had dis,
would be presented Which the Gron % J jury aid
not have before it. The. District Attorney
would have the same right. Grand Jury
District Attorney might Obtain evidence on
| CON mission that would de fntely fix the crime
and that was not before the Grand Jury This
examination before Justice Jerome is in part
| to get OH record evidence OF ou.-of- town wit
noses Is It not plain that under the con
side a prisoper might GO free while there was
plenty, 81 evidence to convict htm?.
did have beaPnc ha ber. S r
oner where he could get such EVIDENCE as he
refers TO. but he tool. tn. case ont otthe Cor
Ho had no soictude then Tor the dcfendant's
| rights to an open hearing. and II does not au-
pear why he should now have ,solicitude He
has been try3S to Play fast and loose with the
When Mr.. Osborne resumed his argument
he was Interrupted by Justice Beach. who said
matter Of statutory construction is involved,
and It will now proceed TO give that construc-
f9a The Gs"T knows q es.on to inter
the lurisd lotion Of a Police Magistrate being
davis as In hs case he 81 Tdne a be-
| fore that court takes place and The prisoner Is
| held 1t seems to me the prov isiOns Of the
the prrsentment OF his case to the Grand Jury
| must be acted upon hy the Court OF General SEES
/sions II an indictment Is found against him. the
| prisoner hns his motion to IWqsh tho ndtct-
ment. and he may urg" as h" has urged here
| to-day that. Grand Jury having once passed
upon the case. 1t cannot be rcsuhmltted in this
hessions. Interference by this court would hJ
az vi, unh"ard-ot action and the writ OF Lrohi;
| certiorari and haheas CORPUS are dismissed"
| Justice Jerome was notified ot the dismissal
| OF the writ of prohibition and set the examine
ton Of Moincu1 down for 4 o'clock this after