New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-03-08
.,o11NEUX DOES NOT PLEAD.
.ncrNENT FOR EXAMINATION OF
A. GRAND JURY MINUTES.
ATTORNEY GARDINER SAYS HIS
.oysc1rNcE APPROVES THE MAN
rp OF HIS CONDUCT OF THE


ADAMS CASE INQUEST
.,.u happy to say that the manner IN when
,n,te5 the inquest In the case meets INV
GU ~ my conscience. and also peleVe'
sPI' u,o,nbers Of the bar in general
Wv os the sentiment which District-Attor-
TEE - .xnressed yesterday in his answer
nes .,t,on made by Barlow : Weeks. as
70 N o., Roland b. Molineux. accused OF the
eonns'' .uasr FOR permission TO inspect the
A'sn'' -. tho Grand Jury The motion was
III" fore Judge Blanchard in Part ] OF the
r' -. General Sessions. where Mohneux was
W ,,ae5 10 the indictment. Judge Banch-
e..-,.as his decision on the motion, but II
r.ora5 nv some OF the lawyers that he VIII
.na motion on the argument presented
Fr'- ,,,asb the Indictment against MolineuX
81" ia moan q severe setback to the Dis
1"' ,.,or,e,'s Office and would show further
u'''' .ha oninion OF the Observation-Disclosures is not
US .os is held by Judges and lawyers.
Ds u.o.ts argued motion 10 INSPECT the
..s n rhe Grand Jury. and before he had
=, much District-Attorney Gardiner protested
"a. - u.as not keeping 70 his motion Mr.
Us n" began 70 give history Of the case ana
.~..orer.s proceedings. which he declared TO
beer
NV u-.ets continued he was again Interrupted
colonel Gardiner. who protested that MI
should pc kept 10 the motion that he was
"eeN ~ Weeks maintained that he desired
SIS Court should have a full knowledge OF
thS' wv 80 u.Do- the District-Attorney again
~e - che Iudce said that. in his opinion
80 should he permitted 10 give ms
~" - The case and he would let nm 90 s'
.,-..re vas no need for haste saio M
a- the indictment IN this case ne
-, tho accused 70 confront his accuse'S
s.ries The District ttorneY came 'e'''
Wa - ,,ron the second examination SCI
the -, and told that official that the
N NJ" NV 6o,,r+ved him OF jurisdiction Iha' =
inu''''"o' ~, one should know the law he'ter
nO' ~ r,,s-r,-t- Attorney on that point Inc
ua' mas advised by the Dls'rlct-A' '"I"e''
V~'" ~ss,lt this defendant had no' haN 'H'
S . ,arnetuate his evidence "eioV Wv
ehA'0 r,i5snce given by Hovey "ou'o DC %
V1-',otls ,..lue 70 this defendant upo" -.
Hs".-' e., not n resident Of this state ana
Va ,,erslle 20 subpoena. We nave n"u Nv
~. 70 nerpetuate his evidence.
- 70 know what the evidence - mo
,.,,~-ev has against the defendant
u" Nos the evidence before Inc vi @"I
,e,e Indictment legal we my
'u' .,,sarce was not legal TINS HI'0 ~
th@' :" s.ord We know what evidence va
""' 80 the Coroner. Il was mace -
gwen -,..,re and theory We are told tnal
opAio-' ~erorhers testified before the III ""0
No ~, that the stenographers eNF
jury lid The Coroner's jury dlu slo'
u''-, hoav NJ the deceased, as speclilca-i' "
see ~ code This is not discretionary
reO''1 y - r,,t compulsory. THIS was
WIZ" rho Dier-ict-Attorney in suiiiin'i's
H0' 49,. an uuheard-Of thing, aoini''SN
uP ;, -. ,,,utv Of completely In getting 'n's
tha' Ne It, araiust himself. This de-
-. -ros carved with subpoena AT 'n9 -
-, ~ the District Attorney ne "~ -
-, ..-- a.-y ana when leaving was 'o-.
N return again. A. another session o. -" -
he wss forced 20 give specimens Oh nis -
~ting He was also taken TO manu-
.,e-,,s office There he was mace 10 give sP
othis writing Not being content Win '''
-.-n-a, ham v-riting. they had him wri'e a H'"
=. nossible 20 a sample given 10 him. WILL ."
an exhibit IN this case
:. " Weeks continued upon that POM
c,lo,sa Gardiner said. THAT is mol So i
,.,.~-,,r-,o, ancered Mr. Weeks. VINO shou'eu'
~, a question Of word. and my "oru y &
- os s,.ber Of them" referring TO Dls'iiO'
,-,o-re- Gardiner and Assistant u1strlcl-A'-
,o-nsv Osborne who were sitting tose'h1i'
60, Gardiner retorted. But no better
~ v1-ael,s +rer went on 70 say that District
Attorney Gardiner had declared In q summing
NJ that from the first they had suspected MoH"-
su, and that his treatment ON the witness s'ahu
WAS 70 induce him 10 give evidence against
himself Hs contended that such treatment was
10, fair. and that whatever evidence the ue-
tsnda-t might have given could Hol ne u.s.
against him. because he had not OV@n Wal NoO
q his rights. - .t.. % tho
Ny Weeks then took UP the question OF the
testimony presented to the 'Iaho JuiH ~
pt1 thai II an Indictment c0uld 'f IOu"u 'i 'i0
ust,rnony Of handwriting experts no man 40
ss co,ir-rt ,youid be safe. and he- quoted al
sngth decisions Of the Supreme court o4 int
sad other states rejecting upon lne NalUe "
upert testimony He cOntended lhaO 10 w
6snce anywhere had been submitted 10 Sh'W
,bs, 81 ,.,.s,r -,ackage was actually received
BIZ mai Thar the statement Of cornish was
the only ttIus 10 support that theory, ana as ~
vas Cornish who administered the poison al
thing b. said needed corropoI@IioH De-OiS -
could be accepted as evidence ...,.
II is reported" continued Mr.. weeks, uia'
The Dktrct-A ttOrney opposes our aPpiI0 ~ - ~.
because ~ objects 20 showing ms cAIuS' ~
Honor a,e we PLAYING cards for the he OF IiS
man al stake We ask but legal justice and
fan play. and the rights assured 10 TINS ue
iendant UT er tn Constitution.
NJ. Weeks quoted cases IN this county anu
Kings wherr Inspection Of the Grand jury MN
utes mad beer Granted on the ground that the
defendant had had no examination before the
Magistrate he argued that the defendahl
eouio take 40 further appeal beyond the present
court and tlaf "A decision in his favor couid hot
hsrn he peoll.. while IL might beneht the &C.
Iehoant by PRINTING him TO have the lndlct-
Heht quashel Should the Indictment ne
V1ashed. Mr.. Weeks said. the District Attorney
eoulo then present leeal evidence, II he had any,
&c could obtain another indictment
COLONEL GARDENERS ANSWER
Dsrc' Attorney Gardiner. in answer b Mr..
'ee"' declared thai IN murder cases Of great
'-'~1ance The Court had uniformly refused per
-SNon 10 inspect the Grand Jury's minutes
,Auonine the cases Of Carlyle Harris. Dr. II
- buchanan, Dr. II. y. Meyer and Mary AJlcs
~ fsr M. ffs -lnfg Of