The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-11-12
MoLIyEUI CASE TAkGLE.
Justice aisgerich Calls On tho District At
torney's once to Explain.

torneyt o"ce 70 HHpihius
Supreme Court Justice Giogorich sent yesterday
for District Attorney Gardiner and his assistant
Osborne. and Lawyers Weeks and Battle, holi-
neux's counsel. and had long private eonsulta-
ton with them regarding the status Of tho OF
Roland b MolineuI. who Is awaiting trial for
tho murder OF Mrs. Katherine Adams After
the conference all concerned declared that they
had agreed to divulge nothing that had passed
Il was learned that Justice Giegerich had de-
manded OF Mossra Gardiner and Osborne what
foundation there was for published reports that
the purpose Of tho transfer Of the case back to
tho General Sessions upon his order was pur-
pose tina, did not appear upon tho application
made TO him. The published reports referred
TO were that the object Of the shift Was 10 avoid
trying the case before Justice Geserch's colleague
Justice Fursman. lest no abide by tho ruling OF
another Supreme Court Justice Justice Will
Jams and declare irrelevant upon the tial any
evidence tending To show that Molincux poisoned
barnet as well as Mrs Adams Justice Giegench
not only wanted to know the source Of this re-
port, but also II there were any circumstances
that would prejudice tho rights Of the defendant
II the trial were 10 go on in the General Sessions
Deputy Attorney G eneral Job r Hedges in
charge Of tho prosecution OF all persons charged
with violating the election registration and prim'
ary laws. was in consultation yesterday with
Assistant District Attorney Cnger, who prepares
eases for the Grand Jury Nj, vT , sad .hsi
obtained ssna I"' By "E SUIT Men % 0 rhS
been arrested for registering from tho Municipal
lodging house Mr.. Unger handed MI Hedges
a letter from District Attorney Gardiner which
says:
by the Legislature last April. whenever requested
by you. to give you all aid and assistance within
my power or the power Of this Office in tho prosccu
ton and conduct of such cases ! have hereto
Election law which Occurred last year not only
TO my own satisfaction. but 10 the satisfaction
Of the State Superintendent Of Elections. In
the present wear. every case which has arisen
has been forthwith submitted to the Grand jury.
In one instance an indictment was found sui.
on iai before tSe %SuT Of General Sessions PRIOR
10 the general election. which trial resulted in
s n Thsn Su G"sd Hnd
fifteen cases Of alleged violation Of tho Election
law, with the witnesses for the people all present
in tho nnteToom awaiting examination by that
body, but tho consideration Of those cases was
postponed at your request 70 later day. As
forms me that he has pursuant 10 my ins,r,,c.
tions, turned those cases over To you lie IL
now preparing schedule Of such rs remain,
which will be sent you without delay, So that
you may have the exclusive charge of the prose
Cu,ion In all such cascs ! ough, to add that
Jury Of that court Immediately upon their being
sworn In the present week. Their action has not
yet been communicated To the court owing 10
adjournment ASA BIRD GARDINER,
District Attorney"
Both tho District Attorney and his assistant
hnstenod 10 assure the Justice that tho reason
given in the moving papers, To avoid subppnalng
again tho witnesses summoned " the General
Sessions. was a bona AIDE cause for asking for
the transfer. Mr.. Osborne then went ON 10 eX-
plain that while the Supreme Court had made
ruling IN the case, General Sessions had ex
pressed no opinion whatever, and its absolute
impariality and fitness was unqucStlOned Mr.
Osborne denied being the source Of the published
report He also insisted that II was but natural
and right that the prosecution should bring Mo
case on in any court II had reason 20 think would
rule most favoratly on the contentious Of the
prosecution.
While District Attorney Gardiner would not
speak about any phase OF the MoliueuX case
Yesterday, Mr. Osborne repeated most cmphau
cally that the trial would begin on Tuesday morn:
ing in the General Sessions \ regular Tnncl
Of Jurors will lie drawn from while the Appclla,e
Division Is considering new motion 10 be made
for a special Jury panel