The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-07-15
ROW OVER M0LINEUX CASE.
GRAND JURY WANTS TO TAKE IT
IT DESPITE GARDINER.

The District Attorney Insists That Can't lie
Dono Legally, and the Jury Has De-
cidcd to Ask the Opinion of Judge of
the General Sessions ON This Point.
The Grand Jury was in session for an hour
and a half yesterday but did not resume con-
sid"ratiun of the Moncux case. 1t was said.
however. that the Jurymon talked tho matter
over and concluded to subpoena witnesses on
Monday for the purpose Of learning Just what
evidence tn" District Attorney has against
NoneuX. The District Attorney has been
anxious to hold the case over for presentation
to the August Grand Jury. but he was not per-
mitted to do so. as the present Grand Jury in
sisted upon Knowing something about II. 1t
was said yesterday that Foreman Haynes sent
for District Attorney Gardiner a few days ago
and told him that the Grand Jury intended to
take up tho case. Major Gardiner replied that
II was his intention to present the cas-" later on
in accordance with the orders Of rr-submissal
made by two Justices Of the supreme Court.
The Grand Jury gave the District Attorney
to understand that it cared nothing about any
orders he had received. The case Of Roland Il.
MOlineuX, tho jurymon said. was n prison case
mud Consequently they could take it up at any
time. They then sent suhpnnaS out for a few
witucsscs and among those who were called
were Handwriting Experts David y. Caryalho
and w ]. kinslcy. They testified on Thurs
day. They had not been in the Grand Jury
room long when the proceedings wrrn inter-
rupted by q representative Of tho District
Attorneys Office. who informed tho Grand
Jury that the lurymon were acting illegally in
bringing up tn" case in this way. They were
told that one Grand Jury had already III missed
the MOllneuN complaint and that the only way
the case could come before tn" Grand Jury
legally was 10y an order OF rr-suhm'-sa signed
General Sessions Court. such an order had
been issued and II was tho Grand Jury : duty
lN Il, ~
n accordanc" with the terms Of this order.
When informed that they were acting Illegally
il was said that the Grand Jurymen adjourned
toapply To a Judge OF the General Sessions for
instructions.
It was said yesterday that one of the reasons
tho, Grant Jury Insisted upon going it alone
and taking IT," case w was that som" Of the
m"mhels of III" Grand Jury had read letter.
printed N on" of the newspapero, by he Roy.
John j. Munro. n lplain of the TCmbs. In
this Letter thSS, Tombs missionary stated thai
he believed MoliEoHx Was i4noe Of tie
police aud by the District Attorneys office UNI
mercitulIy. District Attorney Gardiner was
as stated in .yesteriay's SrS. wrote to com.
missioner mis- q GorrGrtoTs LnnIry demand
sionary was sent for and told that he would have
to square the matter with Die, rict Attorney
future. Ho iecid"h to square mater. and wrote
a letter to the Distrtct Attorney saving that he
did not mean 10 influence the Grand Jury in
any way and that he was sorry for having dis
GUESSED the case in the newspapers. Yesterday
morning he called upon deputy COMMISSIONER
Tanning and apologi2rd for having written the
letter. lie was about his duties ia tho Tombs
as, usual in the afternoon.
Court building that District Attorney Gardiner
Intended to empl3I detectives from the Central
Jury room, and also TO prevent any person from
knowtng when the Grand lurE would consider
the N"neg1 case he was angry 6"SaHsT the
brought before tn" Grand Jury on Thursday.