New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-05-11
MOLINEUX AGAIN HELD.
nc WAVES EXAMINATION ON THE AS
sAULT CHARGE.
,,rwp MOVE OF HIS COUNSEL TO BRING
TIVE CASE ONCE MORE BEFORE THE
NAV GRAND JURY-MR osBoRNE's
pr-@rrrrAp pOcrTJON
PECULIAR POSITION.

PECULIAR POSITION.
.,.rd a. Molineux slept last night in his
=. III On the Tornbs Just as IL no Grand Jury
"a reesed 10 indict him on the charge OF muir
-,,s Mrs. Kate ]. Adams by means of poison.
- was not even offered for him by his coun-
Neither were any OF those promised halle
e..,s" heard coming from the Office OF District
,,,orney Gardiner.
a, the surface this famous case seems TO
,.,s reached a remarkably mixedup stage; but
-.-,ov s. Weeks. the prisoners counsel. sue
.,.a by an adroit move yesterday in getting
- new charge against Molineux before the
- Grand Jury which refused TO indict him
= tuesday. This left his client in jail, but
s-sstly improved his chances for liberty.
The Tribune told yesterday how the May
c-end Jury dismissed the charge against Moli-
.sur Of numbering Mrs. Adams. and how he
rss Immediately afterward rearrested on
.s.rse Of sending poison by mail TO Harry
co,nish His examination was set for yester-
80 afternoon before Justice Jerome. in Special
Snssons II is said that the prosecuting offi-
.,s,s hoped that the examination could be pro-
,s,red by adiournments and other legal obsta-
49,. until a new Grand Jury should be i'm
..rs,led. but Mr.. Weeks npped their alleged
r,.n. in the bud by waving examination yes
Az
pancb nothing to DO but 10 hold Molineux for
49, c-and Jury. and Mr. Weeks triumphantly
.nrounced that ne wonld carry the matter be-
.o-s that body without a days delay
MoL1NEUX IN COURT AGAIN.
r,s-v seat in the court was occupied when
,,o,rsux was led in from his cell in the Tonbs.
cnortly before that time Felix j. Gallagher
.ane in with his counsel. Charles Lex Brooks.
Nay, came Barlow S. Weeks and his associate
oorpsel Mr. MCGUIRE. for Molneux and General
Nolineux. the prisoners father. A special dele
cation from the Coroners' Office, headed by DR..
P J. O'Hanlon. was also present Frederick
Hovey H c King and Harry s. Cornish came
IN together later. Cornish took seat directly pe-
hind Molineux and glared at him When Molineux
entered the courtroom his face was radiant with
smiles He was greeted with handshake by MS
counsel and his father The District-Attorney
Office was represented by Messrs Osborne NC
Intyre. Blumenthal and O'Reilly.
T. was exactly 4:05 o'clock when Justice
Jerome took his seat on the bench and asked Mr..
Weeks if he was ready to proceed. Yes. sir.
am said Mr.. Weeks. WHO also asked that the
prisoner he permitted to sit down. Molineux
was standing at the bar at the rght-hand side
OF his counsel Mr.. Weeks's request was grant
C.
acouaintance with whom he shook hands.
Mr. Weeks in a brief way referred TO the pro-
caedings had before Justice Jerome on Tuesday
afternoon. and then called Clerk Welsh Of the
General Sessions Court. as the first witness
Welsh said that he had most Of the papers and
records in the case. with a copy of the findings
OF the Grand Jury that failed to indct Molineux
on Tuesday In addition 10 this the witness
said that ne had the papers that had been filed
in the case by the Coroner before whom Mol-
neux was examined at the inquest into the death
OF Mrs Adams.
81 suppose" said Mr.. Weeks. that the Dis
trict-Attorneys office will not dispute that the
prisoner at the bar is the same person referred
TO in these papers. filed with the clerk Of the
General Sessions Court"
Not at ALL" responded Mr.. Osborne. and the
examination continued.
CHARGE DECLARED TO BE THE SAME.
Mr.. Weeks in arguing contended that his pur-
pose was not to reflect on the Coroner or on the
Office in their failure TO have
part Of the papers in connection with the case
filed with the proper authorities. After consld-
erable legal argument between the counsel Mr..
Osborne consented TO the granting Of an order
OF inspection permitting Mr. Weeks 10 examine
the minutes Of the proceedings of the Grand
Jury which failed 10 indsct Molineux on the
charge of numbering Mrs. Adams with cyanide
OF mercury sent through the mails 10 Harry 5.
Cornish He also said that part of the motion
papers before Justice Pardon c. Williams were
not filed with Clerk Welsh.
Mr.. Weeks. after contendng that the Court
had not jurisdiction in the matter. said that the
charge on which the prisoner was rearrested
was part and parcel Of that presented TO the
~ lob ha
Grand Jury failed to indict him for. He said
that all Of the witnesses at the Coroners in
quest were before both Grand Juries.
ut was alleged" said Mr. Weeks. that that
offence charged against the prisoner was as
sault against Harry S Cornish, which resulted
in the death Of Mrs Adams. That is precisely
the same charge which the Grand Jury consid-
cred and in doing so failed TO indct the pris-
oner"
Mr.. Weeks read the original indictment. and In
doing so was interrupted by Mr.. Osborne
Il am a little embarrassed" interposed Mr.
Weeks, but II may be allowed 10 proceed,
shall endeavor TO show that the complaint in
this case is precisely that which was considered
by the present Grand Jury of this county. and
which failed to find a true bill on the evidence
presented. In one count OF the indictment 1t is
specified that the assault had been committed
on Harry 8. Cornish The People charge that
Molineux committed this assault by administer
ing poison to Mrs. Kate J. Adams. The Grand
Jury failing 10 find an indictment for murder,
could not very well find an Indictment for as
sault. both crimes being charged together in the
indictment. l do not see how Your Honor can
hold the defendant upon this complaint When
the Grand Jury Of this county dismissed one case
fl must certainly dismiss the other"
Justice Jerome said that the matter before him
was whether or not the Grand Jury had given
consideration to the charge Of assault
Il presume" said the Justice that the Dis
trict-Attorney can sustain this charge by pre-
senting other evidence than that which has al
ready been presented to the Grand Jury"
Justice Jerome then held Molineux on the
charge.