New-York tribune., 1899-06-11
FOR MOLINEUX'S RELEASE.
THREE wRITs ISSUED BY JUSTICE GIL
DERSLEEyE.
PROHIBITION AGAINST JUSTICE JEROME
BABEAs CORPUS AND CERTIoRARl-
THE TESTIMONY BEFORE THE
GRAND JURY,

uAREAs CORPUS AND CERTIoRARI-
THE TESTIMONY BEFORE THE
GRAND JURY.
There were two interesting deVelopiheh's i"
the Moneux poisoning case yesterday one Va
those was the granting by Justice Giiuersiee'e
-, tho sunren,e Court of an order requiring
the production of Roland B. Moiineux De
fore him tomorrow morning, in order tha'
he NAV rehear the entire case, ana oec'ue
whether the prisoner shall be held any
longer. and the other was the laying pare OF
certain secrets OF the Grand Jury room Wheh
Assistant District-Attorney Osborne filed IN the
Court Of Special Sessions the evidence wn'ch
was presented to the Grand Jury that dechnea
20 indict Molineux for the death OF Mrs. Adams.
1,h,s was aled as a part of the affidavit upon
which Mr.. Osborne obtained from Justice
Jerome the order for the rearrest OF Moneux
on Friday, after he had furnished So'oVV pan
for the Cornish assault case.
The application made to Justice Glider
sleeve by George Gordon Battle, of counsel 1or
Molineux. and he obtained three writs. Inc
Arst. a writ of prohibition, is directed TO DIS
ict-Attorney Gardiner and Justice Jerome. anu
says:
We hereby command you to desist from any iur-
ther proceedings in certain criminal acu9n 2ro M0~
N.
In which Roland b. Molineux is defendant upon the
charge Of murder in the hrst oesLS9 ~ npin he
further direction of this supreme Court an1 aIso
TO show why you should not Re 10 seid
criminal action: and you are hereby commanGeo 10
make your return to this Court at Specla tI Term
Part II thereof at the new County Court house
in the city of Sew-York, on the 18th day Of June
ISs at 1880 O'Clock in the forenoon
HABEAs CORPUS AND CERTIoRARl'
The second writ Of habeas corpus. is di-
rscted 10 Warden Hagan Of the Tombs, ana
commands him to produce Molineux before
Justice Gilderslecve at the time and place
named The third is a writ Of certiorar1, and is
directed 10 Justice Jerome and Warden Hagan
aointly, commanding them to certify to the Su-
preme Court the cause of the detention OF the
prisoner.
The three writs are comprehensive. ana allow
the attorneys for Molineux to go over the whole
case BY means Of them the proceedings from
the beginning TO the arrest and commitment OF
Friday can be discussed and reviewed oefore
Justice Gilderseeve. The chief ground on which
the writs were obtained Is that the complaint
on which Justice Jerome issued the warrant is
the same that was considered by the May Grand
Jury and was dismissed by that body
The order to show cause Is granted on the
petition of Roland b. Molineux who says in his
last. upon a warrant issued by Coroner Hart,
acting as q magistrate, upon the charge or
murder in the first degree, in having caused the
death Of Mrs. Adams, on December " ls9s' by
causing to be administered to her deadly poison,
cyanide Of mercury, which, 1t was asserted he
had sent to Harry s. Cornish through the mails,
and which was administered by Cornish to Mrs
Adams in ignorance Of its character
falIc hovy ha indicted the
Grand Jury on March l last, and how that in
dictrnent was dismissed by Justice Pardon c.
Williams and, on his direction. resubmitted to
the May Grand Jury, which after hearing the
testimony of thirty-three witnesses refused to
find an indictment on the charge Of murder
He says he was discharged from the custody
Of the Court of General Sessions on May o. but
was Immediately rearrested on warrant issued
by Justice Jerome a charge Of assault In the
first degree upon Cornish in having sent the
poison to him which he gave Mrs. Adams. He
was arragned this charge before Justice
Jerome, and waived examination and was held
to await the action of the Grand Jury.
Judge Newburger, Molineux says, fixed ball
in this case on June at $1,000, which Molineux
deposited in cash with the City Chamberlain,
and was thereupon, by order Of Judge New
burger discharged from custody Immediately
on his discharge he was arrested upon another
warrant issued by Justice Jerome upon the
charge of having murdered Mrs. Adams, and
was arraigned before Justice jerome.
His counsel moved to dismiss the complaint Of
murder and demanded his discharge on the
ground that the Justice had no jurisdiction to
entertain such complaint, as that charge had
been considered by the Grand Jury. and no
order had been made by the Court of General
Sessions directing its resubmission to the Grand
Jury. Justice Jerome, he says, denied the mo-
ton. and then he. by advice Of his counsel,
stood mute and refused to recognize the juris-
dicton Of said Justice to proceed. and did not
take any further steps in the proceeding.
Molineux says that Justice Jerome set the
case down for examination before him on Mon
day next, and committed him without bail. He
says that he is advised by his attorneys that
Justice Jerome had no Jurisdiction in the mat
ter and prays that the Justice be prohibited
from proceeding with his examination, and that
he Molineux be discharged on the ground that
his committal without warrant Of law.
Copies Of the different writs served on
Justice Jerome District-Attorney Gardiner and
Warden Hagan.
TESTIMONY IN THE CASE.
The stenographic report Of the proceedings in
the Grand Jury chamber filed by Mr.. Osborne
$50 typewriter pages and containing the test!-
mony Of thirty-three witnesses. Mr.. Osborne S
object admitted by himself, in doing this is to
prove TO the public that he had perfect case
against Molineux. and that some peculiar infu-