The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-03-01
MURDER THE CHARGE.
Such is Indictment That VIII Be Asked For
Against Prisoner Expert Says the Ac-
cused Did Not Write the Hand
wiling On Poison Package

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. Katherine x. Adams win be
asked for
This step is the result of series Of
consultations held today by the pros
ecuting attorneys.
George Gordon Battell, who with
Barlow s. Weeks. represents the pris-
oner, spent an hour and j half today
with Recorder Golf, with q view to
preventing the presentation of his eli
ent's case to the present grand jury.
The life Of this body is about to expire,
and it wasthought the case would beleft
for its successor which assemblies next
Monday. Recorder Golf, however, re-
fused to interfere on the ground that
it was not his province to do so.
In his application to Recorder Golf,
Mr. Battell declared that Molineux was
not allowed to be represented by coun-
sci at the inquest, and was not per-
mltted to cross examine witnesses nor
testify in his own behalf, but on the
contrary, that by far the greater por-
ton of the testimony taken was wholly
Illegal and improper, ad consisted Of
most hgrant hearsay testimony the
opinions, Impressions Nand theories OF
witnesses concerning the cause Of the
death of Mrs. Adams.
In conclusion the application states:
THAT the Hon Asa Bird Gardiner
| in addressing the jury upon the
conclusion of the so-called inquest,
stated in open court that the inquest
had been purposely conducted in such
a manner as to lead the said Molineux
to believe he was not suspected, and
thereby to entrap and deceive him into
giving certain evidence to the proSecu-
ton to be afterward used against him.
AS q matter Of fact the said MolineuX
was not, in any sense, entrapped or de-
ceived by the acts Of the prosecution
against him, but furnished such evil
dence freely and voluntarily IN the
knowledge Of his own innocence. The
statements of the district attorney
however, show the animus of the pros
ecution and the actions to which the
prosecution is willing to resort IN this
case"
In his decision denying the applica-
ton, Recorder Golf quotes the law
making it imperative on the grand jury
to inquire into cases Of crime and says:
ut 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
county and If definite action be taken
by Indictment every inferior tribunal is
Immediately ousted of jurisdiction and
it makes no difference whether the in
ferior tribunal has acquiesced jurisdic-
ton Of the case
The recorder also says that 1t does
not appear that the defendant viii 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 during the afternoon. What
it was about neither would say, but 1t
is believed to have been in relation to
the poison case. The action of Moln-
euX's counsel determined District At
torney Gardiner to push matters He
obtained a transcript OF the testimony
from Coroner Hart, instructed one Of
the assistant district attorneys to draw
up the indictment and had subponaes
for witnesses made out and served. The
regular mode of procedure would have
been for the prisoner to be taken to-
morrow before the coroner to be all
lowed to plead, and then to be formally
held to the grand jury. Under the pres
ent arrangement, however, further ac-
tfon by the coroner will be superseded
by the introduction Of the case into the
grand jury room.
Rev. E. Parker Morgan, who on Nov.
70 last united in marriage r. r. Molin-
eux and Miss Blanche Cheesbrough at