The times., 1899-03-08
Why Attorney Gardiner Con-
cealed Evidence.
A Hint That Modesty Forbade the
Introduction of Some Facts.
Lawyer Weeks Bitterly Attacks the
Methods of the Prosecution
Pleading Postponed.


of General Sessions to plead to the indict-
ment found against him last week by the
grand jury.
The young man was arraigned to plead
TO the Indictment last Thursday. the day
after the grand jury had returned a true
bill against him for murder in the first
degree. The pleading was adjourned at
the request of his lawyers until today by
Recorder Gor. who sat then in Part l.
The presiding officer of the court today
was Judge Blanchard. On the occasion of
the last arraignment Molineux's lawyers
asked for an order permitting them to eX-
anime the minutes of the grand jury. Re-
corder GofI instructed them to put the re-
quest in the form of motion today, and
MIR. Weeks notified the District Attorney
yesterday that he would do this today. He
also declared that he would ask for per-
mission to photograph all the papers and
exhibits in the case.
MolineuX was 10 have been arraigned at
10:30 O'Clock, but ii was ten minutes later
before Judge Blanchard appeared and the
court was called to order At that hour
the courtroom was crowded. General Moli-
neuX and several friends occupied seats in
the rear of the room.
Major Gardiner. Assistant District At
torneys James W. Osborne and Maurice
Blumenthal were in their places, and on
the other side of the bar were Barlow S.
Weeks and G. G. Battle, of counsel for the
accused.
Molineux had been brought from the
Tombs with twenty-siX other prisoners OF
all classes. While waiting for his name
10 be called he stood apart from the rest
and appeared nervous.
MolineuN's name was the first TO be
called, and he stepped forward with court
policeman behind him and one by his side
He was dressed in black, as usual and
wore a heavy overcoat. He was clean
shaven, and his face had already taken on
the prison pallor.
He took his place at the bar and the
clerk said in a loud voice:
Roland B. Molineux, the grand jury has
indicted you for murder in the first degree.
Are you guilty or not guiity?'
Molineux did not attempt 10 answer. He
merely turned TO Mr.. Weeks, who stood be-
side him.
Weeks Charges Persecution
Mr.. Weeks made a speech in which he
accused the District Attorney of prosecuting
his client. The District Attorney objected
TO his making a speech. and the judge in
structed him 10 confne his remarks to his
motion. He then criticised the coroners
inquest and said that the District Attorney
had attempted 10 entrap the accused into
giving testimony against himself. The Dis
trict Attorney again protested against Mr.
Weeks line of argument, and the court
repeated his order. Mr.. Weeks then re-
lated what had happened in the coroner's
court and made his motion for permission
10 examine the minutes of the grand jury.
In his motion he criticised the behavior of
the District Attorney in presenting the
case to the grand jury before the defend
ant had had his examination before a mag
istrate.
That magistrate had no knowledge of the
law" he exclaimed, but, acting under the
advice of the District Attorney, he declared
that the case was out Of his jurisdiction.
since the grand jury had indicted the ac-
cused. That is not the law
Mr.. Weeks quoted precedents. Molineux
listened TO all that his lawyer said appar-
emily with little interest Occasionally he
looked around the crowded rooms as If he
were merely an interested spectator.
Mr.. Weeks asked for the minutes of the
grand jury TO find out upon what evidence
the accused had been indicted and from
the examination to determine whether he
should demur 10 the Indictment
Weeks declared that his client had been
forced to write for the experts.
There is not word Of truth in that, "
exclaimed Mr. Osborne.
Ny word is as good as yours" retorted
Mr.. Weeks, and he then explained that
Molineux had once been subpoenaed as
witness and that he considered himself un-
der duress and compulsion Of subpoena
when he gave TO the experts the sample
Of his handwriting.
The handwriting was secured by a
fraud" cried Mr.. Weeks. after he had
spoken on the subject for half an hour.
'.MolineuX was not informed of his rights
and not told that anything he might
say would be used against him"
Handwriting Experts Attacked.
Mr.. Weeks attacked the evidence of
handwriting experts. He said that in Vir-
ginla, where Colonel Hay, one Of the ex-
perts, had testified, the Court had declared
his evidence TO be Of no weight at all.
Weeks then attacked Harry Cornish and
other of the District Attorneys witnesses.
Mr. Weeks was much more affected by
his speech than anyone else was. MOli-
neux seemed to think some parts of it eX
tremely humorous, and gTinned repeatedly.
The speech lasted for nearly an hour. Ma
ior Gardiner, not TO be outdone, made a
speech IN opposition to the motion. He
answered all of the statements made by
Weeks. He said that he did not find fault
with Weeks for having been surprised and
hurt by the evidence presented a; the IN
quest
Il had to omit several things at the in
quest" said the District Attorney. be
cause there were women present and ]
could not show some of the degenerate
things known about this accused. The ac-
cused had his lawyers and his stenog-
raphers present all through the inquest
and had the opportunity of taking down
all the evidence produced.
''Mr Weeks knows as well as ! that
many cases 20 direct TO the grand jury
and not before a magistrate. That was 80
in the case of Carlyle Harris, also in the
case Of DR.. Buchanan and others, all of
whom were electrocuted."
Molineux laughed at this last word. He
appeared to think 1t good joke
Il am opposed, he said, in the inter-
ests of the public. TO accused seeing the
minutes Of the grand jury. The minutes
OF the grand jury were not seen by Car
lyle Harris or Dr. Buchanan, both OF
whom were executed for murder by poison
ing"
AS he said this he turned to Molineux
and looked him in the eye. MoIineux did
not finch, but he did not smile as he had
ht the first reference 10 the death of the
prisoners named.
Major Gardiner then declared that Moli-
neuX had never been Obliged to testify
against his will, and had given the samples
OF his handwriting to the expert willingly
and without compulsion, force or duress
Major Gardiner spoke for thirty minutes.
and Mr. Weeks made another speech. In
ASK for and nhf foJv pt,lv