New-York tribune., 1899-06-10
to that court and SIT. and eft and try such crsas
as you select to present to him? Ayes.
TAKES NO ORDERS FROM JUDGES

| Q-But he has no right 10 make UP a calendarf
| A.-No.
Ono right to demand the control Of the cal
endar? A.-No
| Q.-That is all your prerogatiye? Ayes az
| Judge Blanchard said to me the other day, Il SD
here merely to try the cases which the District
| Attorney submits" But although that IL the i'm
memorial practice. the Crown Attorney originally
here. and the Prosecutor Of the Pleas ali over the
country. and Of the DistricAttorney OF the Unlted
States here. nevertheless after a has been
put before the Court for trial. then 1t becomes
subject to the rules OF the Court and the orders
OF the Court
Q.-Yes. Of course. the case Is begun
1T is in the hands Of the Court, but until you
actually begin It? A.-No
| Q.-And begin TO impanel a iury not until ~.
has the court any control over IT. A.-Wel
little earlier To-day, in the Kidnapping case whe.
you thought I should be here, / was arguing
| against quashing the indictment and against eIy
Ing copies OF the minutes and so on, and after all
those pleas had been brushed aside by the Supreme
Court, denied, then asked the Court TO fix a dsy
| for trial, next Wednesday.
| Mr. Moss-Yes, l understand that. Then Won
have II In your power to put any particular class
OF cases before any particular judge. For instance
you can select excise eases and compel fudge 10
| Try excise cases during the whole month, II you
want to dispose of lot of excise cases? A-Yes
| Q-You can do IT? A-of course, but there Won
| be public reasons why
Q-l understand that. But you claim 10 have
| that ma power! power! A-Oh, yes; have, yes
linen there is in criminal cases no calendar
0.-And the % Defendants attorney has nothing to
which his case shall be presented; he hasn't his
calendar day In court, az we have In civil cases.
Q.-And the defendant, who is under Indictment
s nas no power TO compel you 10 try his case, has
Off you delay the trial of his case he can move
20 nave ev IL seI tor trsl and n undny delayed ne
Yes unless good reason is shown.
NOBODY CAN COMPEL HIM
.Q.@-;But, he cannot compel you to try the case,
Attorney is allowed two months after the indct-
% oDoeSnt % that i' give S"R the plsrcAtorney very
great advantage over the attorney for the defend-
@ Of from s hre hS to Ave OF haSdfsd as
years.
9..oh, yes. know that. But isn't the practical
vantage over the defendants attorney. in that hs
iect his time he is able TO delay the case for trial
or push It for trial and as he IL preparing his
he can direct his movements according 10 the prog
ress of the case, and the defendants attorney -
not. Isn't that SO? A,-To certain extent yes.
because there questions OF public criminal JUS
Ooh. yes A-For example, last month had
haven't lost any appeals | don't ose any appeals.
and haven't since have been in office.
o-You say i!Si he was was convicted? ,A.1-Yes. sir.
Q.-And there was an appeal? A,-fes SIR.
Q-And you say he will be electrocutcdi A.
Yes. sir. o
haven't thus far. except three old cases from pre-
vious administrations. and We had two CONVICTIONS %
hs Tear weex and JS vet We ddnt 20 to dare
to. The principal witness was In Massaenusetts-a ; @
nd 6e found SG St it out and wrote to ali the papers
The Tribune and all the papers-and ne WI, "I,'e 80 20
and demanding that he be put on trial but at last
we induced that woman 10 come over INTO a a
about il, but We found her within the jurisdiction
and brought her down here He nad written ,hat
against being held in confinement but his race was
as long as a horses collar when he got into court
and saw the woman there. . -.
Ole wasn't so Snx9gs to Try his ais srSSn ihse %hSa
she got thsrsY M can1oG AHq show f5 nr onr hands
HIS RELATIONS TO GRAND JuRTEs.
o-The Dstrct-Attorney in addition to these
has has he hosY 56e SGe aN6 S9 the Court
Yes but nss5 ss bssSTs e Grand ns jury V and
the Grand Jury required to take his adXice, anu
the q the Gr@nS 2aa Jury OF s is
gnnrsactically so? A--Well in ordinary working ths
cases A,ornev are simple cases We had last
month case where On payns ayns4eIred lns in the Cor
oner's Inquest my views on which the prisoner had
been heidi asked that might be excHsed d-d IrI tb
c9urt cwe Gn'I in case OF public interest where yoI
40 90 ir1an Grand i J;,rys A-Oh, yes.
oYes and to ADV advise Go them fSsr duty Such case
as the Moineux case for instance? ATTnSt That. TSs ,Ss
the case where asked to be eNSuSeu Us'0'' '"'
'fanG ol"You SDd did? Al did. rsor ws,.
,here IN different way-to assist in presenting the
evidence because 1t was very Tere S0Tp'? there? A
vSs o-spmss So! for Of nSf sfu5 purposs ssss'""''
o-Why did you ask 10 be EXCUSED a. peTSgnT royoTeTs
AA hays baG stated afs 'Dly my own opinion strongly
and the Coroners inquest ned ene Pbed the party
after YOU had expressed your views very suo"s"'
AoIAnd the holding of the party was woaxsorasssd, IN s
cordance with the views that you had eNp''S''''
AOExaS'y And Then when it came before The Grsnd
Jury. YOU desired not to appear persG9na' desired
Exactly. What l mean to say - edyi:e them on
that should not be called upon 10 od 20 TO the
a question OF law. but that they Wou'' - -
ETHICS OF MoLINEUX CASE
o-But you had no @4 S6!eSiST ySMs before be- the Cor
Cner's inquest? A.-Oh. no; because
pr9seevihg bappened to change your yieT, as ne 20
yoar duty or as the ethics OF the SaSs vas NO change
fore the Grand Jury? A0R A. Was sin in the atenatys
they could either go 10 me IVn IrsaIs last week, IN
i5s i5ss Sew-York the District-Attorney Is a-N
Judicial onicef, EN- anneared before the Grand JurSS
oMdeavored to secure certain results SecaTse
Il from the conviction in your I'M ,' The prosecuting
| N WAS duty because w" W.
ofncer: nat the proceeding before the Gtana
l., Qtha nature nat of a preliminary prose'u''0"
To a certain extent II is =. l., - the nature OF an
ex parte statement Of the s case 70 % have witnesses,
tom al nro ana con and they so no,lIS % ,n s.-
o-f had gHDMS r Monsux 1%S 70 Sufficient lead
ne he sSsse steps S SSy
not equally duty HsSDs as % o stand Gnd for the same
ty represen.'f,ss ne Grand Jury? At was S and
my duty advise them If wonS eSfS so 10 the Court
| otherwise l should ,, nafore the Coroner was
o-Yes that proceeding 9e3 3%Three weeks;
rather eTasssIvs enshVs long. and unusual AMOUNT
work was done, for Coroner ''S''~
! Yes, sir. odor your direction ana ~
| vice? A-yes sir. -, ,r,erast in It? Al
| You took a PERSONA