The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-11-11
WHO WILL TRY MOLINEUX?
TWO COrRTs REF USED YEsTEHDAr
TO TAKE UP THE MURDER CASE.

Recorder Coz Says Hs IL Unwiiiing to Hear
II Unless Both Prosecution and Defence
Consent - Tho Appellate Division. Aiso
Refuses to Try the Case-NeyerthcIess It
Ii Said the Trial VIII Begin on Tuesday.
The Molineux case came up In two courts
yesterday. Recorder Coz In Part II. Of Cen
eral Sessions would not grant the motion OF
the prosecution to set day for beginning the
trial and the Appellate Division deci led that 1t
could not order . special Jury panel because
the motion for that panel did not follow the
ease whom the case was removed from the
Supreme Court to the General Sessions Al
though no special jury panel 10 available. and
Recorder Gof refused to name trial day.
declaring that he had m ost decided reluctance
70 presiding at the trial unless both counsel
were content that he should, II was stated at
the District Attorneys once with the utmost
positivensss last night, that the trial would
begin on Tuesday.
Recorder Con was In conference over the
holineux complication for more than an hour
before going on tho bench yesterday. and did
not take his seat until nearly noon. In state
mont he reviewed the various moves that led
up to the present tanRle. smphasizing that the
District Attorney had acted upon his own initi-
alive and responsibility and without consuta-
tion with the court There was no question. he
said. as to the District Attorneys legal right to
act ~ he had. Whistler his course was dis
Greet. Recorder COT said. It was not for him to
determine. 1t was the duty Of the Court to try
any case ordered to It by the Supreme Court.
as this case had been. but there were peculiar
circumstances that the Court must look into.
which might impair its usefulness a. q trial
court for this case
In dsfersnoe to the Appellate Division OF the
Supreme Court while the motion for special
jury PANELS pending. shall not pass upon the
motion OF tho District Attorney for the setting
OF trial today" Recorder doff said: In ad-
diton. shall not enter upon the trial OF this
case. II there appears to me to DO any conpli-
cation that would inDsrll the due course OF
justice. or evoke any Just complaints or ortiz
clsms with regard to the attitude OF the
would prefer. iii: cas-. tri.d
S Sc,h ,A. v; and e &. d..s:: Not
hat the Court should wait for the consent OF
the defendant 70 BE- tried, for that. Of course.
ned. but there are circumstances asd eases
which REQUIRE exceptional treatment. asd this
trial OF this case under any circumstances or
conditions except those which will secure s6so;;
l.s shs bsr, n RsI and .Ssn.: oT
the defence to endeavor to arrive at some con-
ela;io., that vii, b. mutually satisfactory:
expense OF delay and even at the expense OF
personal feelings. The conditions here are so
exceptional that / make these observations at
this stage OF the procsediags 10 the hope OF
ending the unfortunate and the unhappy dir
fsrences and happenings that have have sur-
rounded this case with 90 much uncertainty
and given rise to 90 much criticism aAd fault
finding
Mr.. Osborne expressed the opinion that there
was nothing unfortunate or uncertain about
his course II the case and cited presidents for
the transferring OF the case from one court to
another and back again. The very fact that
the Court oil General bsssions had not bosn
consulted In the transferring OF the case. he
argued. only teadsd to emphasize its i'm par
TALLY and absoluts ntness to try the case.
Bartow =. Weeks. holineuI's counsel. hers
interpossd a abatement which made it seem
Recorder Gofi preside at the trial |on behalf
pleasure In presenting to the Appellate Divi-
sion complete stenograph!c report OF the pro-
ceedings OF Yesterday and those OF to-day. We
will submit your Honor's remarks. with the re-
quest that the case be set for trial whore IL
gas originally set for trial. in tho Supreme
Mr. Weeks and. Assistant District Attorney
lie Bar bier went before the Appellate Division
yesterday afternoon. when the motion for
There, were on the bench Presiding Justice
Patterson end Rumssy. The counsel for
MolineuT laid before the Court the steno-
graphers min >fss OF Thursday's and ysstsr-
days procesdNEys before Recorder GofY After
hearing both sides the Court decided that tho
motion for a Jury panel did not follow the case
whan Il was transferred into the General Sos
sions Court.