The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1899-06-10
AFTER DISTRICT ATTORNEY
INTERESTING SESSION OF THE Nh.
ZET COMMITTEE.
Counsel Moss Questions Mr. Gardiner
About the Molineux Case-The Latterss
Withdrawal from 1t Because OF a Long
Standing Friendship With Molineux,s
Father.

stnhdlng Friendship With MOlineuxss
| Father.
| New York, June 9.-The interesting
part of the hearing before the Mazet COM
mittee to-day was in the afternoon,
when Counsel Moss called Asa Bird GAR
| diner, district attorney, to the stand.
| Questions concerning the Molineux case
aroused great interest in the court room.
Mr. Gardiner was the first witness Of
the afternoon session. In response to
questions by Mr.. oss he said there was
no public record of cases dismissed in
his office. There was, however, q rec
ord with the clerk Of each Of the courts
In which indictments were dismissed.
Any person who desired to secure in
formation regarding indictments could
do so by applying at his office Mr..
Gardiner said that he claimed the right
as a constitutional prerogative to decide
what cases could be tried. He said that
he had not lost any cases in which app
He mentioned the case of a man named
Mullins, who had been convicted Of mur-
der and who, the witness said, will be
electrocuted
"Well, in a case of public interest do
you make it your business, your duty.
to 30 before the grand jury?" "Oh,
yes" the witness replied. ITO see that
they do their duty in such a case as the
Molineux case, for instance?"
"That was the case where I asked to
be excused before the grand jury"
Were you not represented?" was ask
ed. my representatives were there in
a different way, to assist in presenting 4
the evidence, because it was very COM
plicated.' Some of your assistants
were there?" Eyes, sir, for that pur-
pose" why did you ask to be excus-
ed personality"
a"As I have just told you, before the
coroner's inquest I had stated my own
opinion very strongly, and the coroners
inquest held the party"
"If you had public duty to perform,
to secure the holding Of Mr. Molineux,
why was it not equally your duty as an
officer of the county, representing the
to stand for the same thing be-
fore the grand jury?"
1T was equally my duty 30 advise
them, If they wished me to, and had not
4 t.aL - tho court nflN.
erwise I should"
"You took a personal interest In that
before the cononer
II can't say a personal interest, be-
cause my personal feelings were very,
very-I felt very badly over the whole
thing"
"A personal official interest?'
prisoner had been my friend for thirty
five years"
'Is it true that you stated publicly
that you would throw up your hands
with joy--substantially that-if the
grand Jury failed to indict Molineux.'
II have no recollection Of anything OF
that kind was the answer.
ibid you not express your hope that
ne would not be indicted to anybody?.
NO
"Was ii a feeling Of that kind that
ed you to stay away from the grand
ury, a feeling Of sympathy for General
Molineux and the hope that while they
we're fully investigating the matter
would not come to the putting Of Moli-
leux on trial for his life7"
"No, sir, it was not. Because firmly
believe him guilty"
"You dor"
Eyes, sir. And we are exhausting
very effort to hold him."
"If YOU firmly believe him guilty why
lid you not then as the prosecuting Of
lcer of the county take all Of the great
eeources that you have personally,
our personal power and knowledge and
our opinion and go in before the grand
ury and insist upon an Indictment"
II never do that. have been brought
p in a different school,"
what other case was there where
ou asked to be excused besides the Mo-
neux?"
II think that Is the only one where
ave publicly and openly and fairly ex--
ressed firm opinion"
did you know the views Of the gem
eman who handled the grand jury re-
pecting the probable guilt or innocence
f Mr.. Molineux; did, you know what
ney thought abort>it?"
II did not as to Mr.. Unger at all. Mr.,
sborn, of course, had been with me in
ne coroner's inquest he knew particu-
lrly all the witnesses to be produced
lere."
"And he was the closest man to you
that case?" Eyes" Except McIn-
,re7" "Mr McTntvrn had nothing tn