The daily morning journal and courier., 1899-03-01
CASE OF YOUNG MOLINEUX
TO BE PRESENTED TO THE GRAND JURY TODAY.
Indictment Against Him for Murder of Mrs. Catherine J. Adams Will be Asked Recorder G off Refuses to Inter- fere With Presentation of Case to Present Grand Jury.

Present Grand Jury.
 New York, Feb. 2S.--The case of Ro- land B. MolineuX will be presented to the grand jury tomorrow and an in- dictment against him for the murder of Mrs Catherine J. Adams asked for This step is the result of series of con- sultations held to-day by the prosecu- tion. George Gordon Battle, who, with Barrow Weeks, represents the prisoner, | spent an hour and a half to-day with Recorder Golf with a view to prevent | ing the presentation of his clients case to the present grand jury. The life if this body is about to expire, and 1t was | thought the case would be left for it's successor, which assemblies next Mon day. Recorder Golf, however, refused to interfere on the ground that it was not his intention to do so.
 | In his application to Recorder Golf, MT Battle declared that Molineux was not allowed to be represented by coun- sel at the inquest and was not permit ted to cross examine witnesses nor tes- tify in his own behalf, but, on the con- trary, that by far the greater portion of the testimony taken was wholly ille- gal and improper, and consisted of the most fragrant hearsay testimony, the opinions, impressions and theories of witnesses concerning the death of Mrs. Adams. In conclusion the application station: That the Hon. Asa Bird Gar diner in addressing the jury upon the conclusion of the said so-called inquest stated in open court that the inquest had been purposely conducted in such a manner as to lead Molineux to believe that he was not suspected and thereby to entrap and deceive him into giving certain evidence to the prosecution to be afterwards used against him. As a matter of fact, the said Molineux was not, in any sense, entrapped or deceived by the acts of the prosecution against him, ySbut furnished further evidence freely and voluntarily in the knowledge of his own innocence. The statements of the district attorney, however, show the animus of the prosecution and the actions to which the prosecution is will ing to resort in this case"
 In his decision regarding the applica- tion Recorder Golf quotes the law mak ing it imperative on the grand jury to inquire into cases of crime, and says: Tt Is we'll established by authority and ancient custom that the grand inquest may at any time inquire into crime which has been committed in the coun- ty and if definite action be taken by indictment every officer and tribunal is immediately busted of jurisdiction, and
 it makes no difference whether the in- ferior tribunal has acquired jurisdic- ton of the case" The recorder also says that it does not appear that the defendant will be unjustly oppressed or harrassed by any contemplated action by the grand jury.
 Recorder Golf and James w. O'Brien, foreman of the grand jury, had a long conference. What it was about neither would say, but it is believed to have been in relation to the poison case. The action of MolineuXs counsel determin- ed District Attorney Gardiner to push matters. He obtained transcript of the testimony from Coroner Hart, in- structed one of the assistant district attorneys to draw up the indictment, and had subpoenaes for witnesses made out and served The regular mode of procedure would have been for the pr,s oner to be taken tomorrow before the coroner to be allowed to plead and then be formally held to the grand jury. Under the present arrangement how ever, further action by the coroner will be superseded by the introduction of the case into the grand jury room.
 Rev. F. Parker Morgan, who on No vember 20 last united in marriage R. B. Molineux and Miss Blanche Chese- brough at the Church of the Heavenely Rest, called upon the prisoner in the Tombs to-day to offer sympathy and spiritual consolation. His stay was brief. Mrs. Molneux also visited her husband Edward M. Rogers, husband of Mrs. Florence Rogers, daughter of Mrs. Adams, conferred with Assistant District Attorney Blumenthal to-day. At the close of the interview he said: "The district attorney did not want me- Rogers Is not living with his wife. David Carvelho, a handwriting expert, said to-day that he did not believe that Molineux wrote the name and address on the poison package.