New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-11-11
PART II.
EIGHT PAGES.
oorF AND MOLINEUX CASE
MI NOT TRY IT UNLESS COUNSEL
81 on BOTH SIDES AGREE.
.rr DIVISION OF THE SUPREME
,,-pr ALSO REFUSES TO FIX
DATE FOR TIE TRIAL

DATE FOR THE TRIAL.
- cor still further complicated the
RecoiN Nc, have arisen over the trial OF Roland
r'o',,o,, hy refusing yesterday morning TO set
w. ,o- the trial OF the case unless both the de-
cav o,d prosecuting lawyers come to an agree
s'Gns a, ne should try the case or that the APP
ren' D,vision should order him TO try IL on a
paste D''S''
,,ed date ,,,..,.,o. ., ,ho Surname Co,,., ~
J." ~ hand denied the motion of the District
t O'. FOR a special jury in the Moneux case.
Nv, eround on which the decision was made was
las - and Assistant District Attorney lie Bar
s,r. who argued ZIG
VI r,,r, ruled that when the applica ton was
JUG - Indictment was pending in the Supreme
'8' The removal OF the case 10 the Court Of
v', sessions altered It's entire status. and as
~, now no Indictment pending in the Supreme
-, the application must fail.
-. Weeks. OF counsel for Molneux. asked
ro,,,t 10 order the District Attorney TO pro-
9TH the case forthwith, that it might be tried
Lavender H. the day set Justice Van Brunt
~ hat ne doubted II such an order would
~ and refused TO grant the request.
TSsr the matter came up before Recorder Goff
q. Cour; replied In part as follows:
-,,.u confers upon the Supreme Court the un-
ny nower 10 move case from this court. and
!ouoiso 80 70 this court for trial and an order
q sen s,areme Court Justice is on file here send
~ ss' csse back for trial and. under ordinary
M snS IL would be the legal duty OF this
s 81 10 Try any case so ordered by the supreme
Ooat t ~, NAV however. arise in cases ex-
.,,orai reasons why case should not be tried, II
eeiSs~T appear that the substantial rights OF the
sssnssut may be prejudiced or that the interests
~ ,nSi- justce demanded that the case should not
se tied here Then apprenend Juoge oi c Inls
srance OF such case. II has not been MADE 10
.nnear before me here that any such case or cause
Mss Counsel for the defendant mas, pracucaiIy
liking remained mute or has declared that he
s,sIned 10 participate in the proceedings OF this
@ssrt from this attitude altogether. and because
- bs neculiar circumstances surrounding TINS
,sss the Court IS compelled 10 look INTO H. 70 ue
--ine whether OF not its usefulness has been I'M
ss,-sd wi,h regard 10 a matter OF public record or
RI regard 10 the conduct of the prosecuting OF.
-. nror his shoulders alone have been IN
,,--e9 bv counsel that there is now mouoh
,erding before the Appellate DIVISION, 10 spaciel
-sulned to-day for the appointment OF special
,r 10 Try this case -. c.
n difference the Appellate Division OF 'e sSsI
,sre Court while that motion is penolng ! snai
.~ mass upon the motion Of the District Attorney
n addition I state that shall not enter upon a
-. rial ~ his case y there appears 10 me 10 De
.ry complication whatever likely 10 arist , ,Jo
would mperl the due course OF the adInlIs
ustioe or evoke any Just complaints or
m regard 10 the attitude Of the Court toward 'ne
Tse Court would prefer II this case is 70 be tried
|efore IL 10 have the joint consent 10 the ll@I VI
b. action Of both the prosecution ana me NJ
|yo ihat the Court should wait for the cohseht ~
H. defendant 10 be- tried, tor mat OF couise'
l. perversion Of Justice ana uhcignileu, 80, 80
EXCEPTIONAL treatment, and this Court Is mol al
H. anxious TO enter upon the tt.a4 "a - -
-. ~ circumstances or conditions except those
vslch viii secure absolute satisfaction TO All parues
|UncernDC - r,s-.-,o. ...o-ro,.
H. ecrnse for the defence. If il be proper 20 en-.
Favor 10 arrive at some CONCLUSION with resaIu
/ tbe trial OF this that Will be mutually sa's-
What should be sought here IS Justice, and tnal
l. - be obtained, even al the expense OF ~
Inc main and sole object 10 be attained and sought
5st s,cb an am agreement will be had that the
appellate Division may. II II sees proper in the
Ezfer properly brought before IL take such acton
l. viii determine the que stloh ana remove ali rea-
H. for criticisms or for blame on any one. g,
Ia conditions acre are so exeeptonaI tnht l
tve been led 10 make these observations al lni i
IL II the proceedings in the hope that result
hi be- reached that Will end the unfortunate ana
|Ehappy differences and Happenings that nave sur =
|EUrded this case with so much uncertainty ana
||rTsn rise 10 so much criticism and taulthndlhe'
III Osborne-If Your Honor please, am perfect
III; wiling TO agree with Mr. Weeks 10 Try TINS cdSe
H. Your Honor on any day that is agreeable
III MIN ana I wish 10 say that there has never
lksn the slightest uncertainty about ne or aoOu,
H. course In this case. There Is nothing IN my
|Isgment that would lead any human Delng 10
Ia ihsf there was anything unusual about IT, ana
% not see myself anything about It's SITUATION
i this case ii has ever been my intention from
IL very beginning TO try this case IN the Cou'V VI
/ was moved into the Supreme Court by The
Irsf Of q Supreme Court Judge lie hau tIle , iu.i
Isss,y moved back into the Court Of General SEES
is By a supreme Court Judge, who had the run
rgs- and authority TO do H. II was done for rea-
IS which appeared 10 that Supreme Court Judge;
ting in Special Term to be sufficient ana now
his case in the Srdipar Tig Sho not be- in the
n,es, degree delayed, or that the time for ms
4 might not be postponed. ! move II LOT ' eA
ry the very same day upon which II was moVeu
81 / wish 70 say. II Your Honor please. here
i " risr as I understand you. TO some puhlica-
1 .M o. other-that | do not know TO what 1oCI
| srr may have alluded or whether ! nave hea[ ol
rght but wish to say that ! nave 49, ne to
u ~ motives may have induced me or may not
y aduced me 20 move this case into the C9ur,
II -rs Sessions. except that Il was my orikIndi
sar to try ms case IN the Court Of General SEES
y and for The reasons set forth IN my No en-,
r-s Court into Part II Of the General Sessions
~ Court-Well gentlemen trust that you VIII
| III the whole question. IN all us bearings oe
ne Appellate Division to-day. ~.
a. Osborne-Oh Your Honor. wish 10 say tnls
Barber saws this: That the Appellate a ~
l 'n vii not De able 10 fix day for trlaI untll
Il Il set ! mean that they will not be ape 70
Isu1 special panel or order special panel Drawn
.. couri2Then you gentlemen can set a day be-
/ n NJ Appellate Division -. 49,
IT, Weeks-Under the law. IL appears that they
- Cogrt-Oh yes; have no doubt about that
oseoTne-Yes. sir; that the Appellate DiVi-
/ \. 'S ~ NE power 10 fix day. ,,,
-. Heeks-on behalf Of the defendant we Will
Iir.eee' plea sure in presenting to the AppelIate
eii-sa complete stenOgraphic report OF the pro
Irs,S.,sgl yesterday and those OF to-day. II me
leaoetS car send up those OF to-day py
srs ~ we Will submit Your Honor's remarks.
e Ca. sllest. on The part Of the defendant thHt
ts tor - - f1r Trial where II was originally
" ossM IN the Supreme Court
Ths c,pehe-Nell. Of course. cannot contend
NJ 0~,1s.-Ihe matter Is ended gentlemen:
We Of so,,lse-Then that is mere matter OF ser
.sf io-ssv Vel gentlemen the incident Is closed
1si-c A., he stenographer VIII furnish 10 the
Ours o5.o-ney and Mr.. Weeks transcripts or the
e''atons al once.
|r,r,os. District Attorneys Office late yesterday
lsssb II was stated that the Molineux trial
hessdss..u'ely be called before Recorder Gon
'' o. next week
In REACHES PORT N DISTRESS.
= ~. "eslan bark Ringhorne Captain Han
Issh,n" sailed from Darien on October for
r IT, WIN cargo Of pitch pine timber. put
r. - 'on last night in distress. The Ring