New-York tribune., 1899-06-21
GRAND JURY AND PUBLIC PROSECUTOR


The people. desiring that justice shall be
done in every case involving the security Of
an individual and the peace and dignity of the
State, are hopeful that the resubmission TO
Grand Jury of the accusation of murder brought
against Molineux may accomplish that object
Justice Fursman's order being presumably in
accordance with the law, and In any case Of
full practical effect is to be respected and the
procedure consequent upon It will be watched
without prejudice though with an interest
not wholly free from anxiety. This sOlicitude
arises IN part from public observation OF the
extraordinary incidents which have character
ized the operations Of the Dstrict-Attorney's
office In this case. and In part from the exceed
ingly grave considerations which are suggested
by the affidavit OF Colonel W C. Church fore
man Of the Grand Jury which refused 10 in
dict Molineux There is no limit to the num-
Der OF times that the accusation against Moli-
neux may be submitted TO successive Grand
Juries by the Dstrict-Attorney, under direction
and by leave Of the Court but Justice Fursman
does not think the District-Attorney would care
10 make n further effort In that direction in
case the coming proceeding should fail. or that
court would permit him TO do so II such
were his desire, unless of course some new
and important developments had occurred IN
the mean time. The latter part Of His Honor's
statement on this point is welcome: the part
relating 10 the Distrct-Attorney's probable IN
clinations can scarcely be accepted with full
faith. There Is at least as much reason 10 OK.
pect that another failure to procure an indict-
ment would stimulate him to fresh exertons
as that IT would lead him to abandon the ac-
cusaton.
The affidavit OF Colonel Church is impressive,
both In Its recital of facts and in its forecast
OF evils likely to arise from such encroach-
ments upon the sphere of the Grand Jury as
the District-Attorney has attempted to make
IN this case. "If." as Colonel Church SAYS with
truth and with suitable soemnlty. 1.-The Grand
"Jury Is TO be put upon It's defence by every
'Dstrict-Attorney who differs from IT in opin-
"ion, its independence ia gone. and our system
"of criminal jurisdiction Is at once assimlated
"to that OF less favored countries where
"cltizen can be called TO trial at the will OF
''the Government or Of the public prosecutor"
As for the defence which the foreman OF the
May Grand Jury has been constrained to offer
in this particular instance. we do not think
that he needs 10 feel the least anxiety about
that. His affidavit is In substance and de1ail
an explicit denial of all the important allega-
tons brought against himself and the Grand
Jury by Assistant District Attorney Osborne
and we are convinced that the public will ac-
cept 1t not merely as a denial but as a per-
fectly satisfactory refutation We do not I'M
derstand that question Of veracity Is neces-
sarily raised For the present we prefer to
assume that the question Is one OF intellectual
capacity and rense Of public care, and on
those grounds Colonel Church's statement Is
entitled 10 the credence which II viii receive
II public opinion has not determined that
Molineux is innocent II certainly has not been
arrayed by all the contrivances Of the Dis
tict-Attorney's Office against the legal pre-