Barre evening telegram. (Barre, Vt.) 1898-19??, 1899-03-22
A WIN FOR
M0[|NE Elk,
Decided His Counsel Can Inspect Grand
Jury Minutes.
THE TEXT OF THE DECISION,
sudEe Blanchard Says He Was In-
hUenced by the Fact That Ac-
cused Had Not Had IL Pre-
liminary Examination.
THE TEXT OF THE DECISION,

New York, March %. - Judge Blan-
ehard has filed decision in the court
Of general sessions granting the motion
made by Barton S. Weeks and George
Gordon Battle, counsel for Roland b.
Molineux, that they be allowed to in
spect the minutes of the testimony be-
fore the February grand jury, which re-
suited in bringing in true bill against
Molineux for poisoning Mrs. Kate j.
Adams. The decision in part follows:
"The grand jury is part of the court
and it cannot be maintained for a mo-
ment that all its proceedings upon
which an Indictment is found are not
open to inspection by the court. To
hold otherwise might result in particu-
lar cases in changing what is meant to
be fair and impartial investigation by
a part of the court for the protection
of society into a star chamber inquisi-
tOn.
THE presumption of innocence al
ways attends the accused, and that
wise and ancient rule of law should he
as much respected and enforced in the
preliminary Investigations of an alleged
crime as at any other stage OF crlml-
nal proceeding. Indeed, this presump-
ton should then and there be most
strenuously insisted upon. Every step
in a proceeding which may result in de-
priving a human being of life or l1her-
ty should be taken with the most jeal-
Gus care for the rights of the accused,
and the zeal of a prosecuting officer can
never be justification for the punish
ment Of the innocent.
Safegnnrds For Innocent.
"Too many safeguards cannot be de-
yised to protect the innocent in that
most valuable of all earthly posses
sions. a good name and an unhlemished
reputation, and we cannot ignore the
fact if we would that serious injury in
greater or less degree is sustained by
every person accused of committing
crime. even though his complete 1nno-
cence may thereafter be fully estab-
lshed. a- ~a-e
"a humane Interpretation of the law,
therefore, is that the grand jury is for
hidden to find an indictment without
sufficient legal evidence.
eve find nothing in the record before
us upon this application to indicate that
the learned ulSlflct ATTORNEY ld7 iE'
fully performed his duty as PUBIC
prosecutor in faithful and efficient
manner. but it has not been shown that
the inspection by the defendant OF the
minutes of the proceedings of the gl'and
iurv upon which the Indictment against
him was found, will in any way be Diet
rimental to the peoples case, or to the
due administration Of justice, or against
public policy, and after a careful con-
sideration of the arguments of counsel
and of the facts as presented by the
motion papers am of the opinion that
in the interest of a proper admlnlstfa-
tion of Justice and in fairness to the de-
fendant his motion for an inspection or
the minutes of the grand jury should be
granted.
"1'he fact that the defendant was in
| dicted without having preliminary ex-
animation before a magistrate furnished
a strong indurement to the court 10
look upon the application with favor
| LAWYERS Weeks and Battle hope tn
ouash the indictment. This firm has
the distinction of having had an indict-
ment declared null and void year or
so ago. in the case of DR.. Cleaveland
who was arrested, charged with the
death of a child by malpractice. They
did it upon the inspection of the grand
jury minutes.