The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-06-10
M0LINEUX NOT YET FREE.
B1ILED IN THE ASSAULT CASE AND
ARRESTED AGAIN. FOR MURDER

Justice jerome Takes n Complaint Against
Him from Harry 5. Cornish-His Coun-
sci Contend That Jerome IL Acting
in the Matter without Jurisdietion.
Roland B. Molineux was released fran the
Tombs yesterday for n short time. only to be
rearrested and sent back to tho City Prison
On Thursday his counsel Mossrs. Weeks and
Battle. went before Judge Nowburger In Cen
eral Sessions and stated that he was locked up
on charge Of assault by sending to Harry S.
Cornish n package OF poison. Counsel said
that no bail had been fixed in the case. and
that it was an outrage to keep their eli
ent in the Tombs, inasmuch as two Grand
Juries had passed on the evidence when
they considered the murder charge made
against Molineux The evidence was tho same
as in the assault case. counsel maintained. and,
on 80 lunntl y. 1t was fair to assume that Mol
ineux would not he ialictrd for assault. Judge
NewburGcr fixed baa 10 the sum of $4,000.
Counsel said casa bail would be produced
within twcnty-four hours
Assistant District Attorney Osborne. at the
close OF the proceedings. declared that he
would not make any opposition to Moincux
being released on bail. Il was nothis inten-
ton to take any immediate sction toward re-
arresting Moineux. For some reason or other.
however. at o'clock yesterday morning MIR.
Osborne changed his mind and made the an
nouncoment that he intended to secure war
rant for Molineux for the purpose OF rearrcst-
ing him on a charge OF causing the death OF
Mrs. Katherine J Adams
About noon yesterday Osborne took Cornish
into the Court of Special Sessions and drew
up a complaint. which Cornish signed. charging
Molineux with the murder Of Mrs Adams. On
this complaint Justice Jerome issued war
rant for Moineux's arrest and the warrant
was placed in the hands of Detective Sergeant
Carey OF the Central Office. Accompanied by
Detective Sergeant McCaffcrty. Carey went
around the Criminal Court building trying
to find out whether or not an application had
been made for the release Of Molncux on
bail The detectives saw Moineux's father
Gen. Molineux. enter the Court House accom-
panied by Barlow s. Weeks and George Cor
don Battle They followed the party into the
Court OF General Sessions and waited until
Weeks had prepared "A bond which was pre-
scented to Judge Ncwburger for signature.
The bond specified that the Clerk of the
Court OF Sessions was to issue an order on the
Tom bs Warden for the release Of MoineuX Just
as soon as he should receive a certificate that
S.. 900 in cash had been deposited with the
City Cham erlnin Judge Newhurgcr signed
ty "e where Mo
neuX. the prisoners father deposited 10000 IN
cash. The receipt or certificate ho received
was taken back to the Criminal Court building
and presented TO Clerk Carroll Of the Court OF
Sessions. The clerk sent an order over to the
Tomhs asking that Molineux be produced in
his office.
Accom- panied by n Deputy Sheriff. Moineux
was taken over to CARROTS ONCE ana told that
he had been released on bail. Detective Me-
Cafcrty caught hold OF his arm. saying: 'WIt
a minute. We have a warrant for your arrest
This is another outrage shouted Weeks,
addressing Assistant District Attorney Os
horne. WHY did't yOn go to CITY Magls-
trate as you should have done"
Justice JerOme's warrant was good enough
for me" said Osborne
The detectives then led Molineux downstairs
to the Court of Special Sessions. where Justice
jerome was on the bench. Molineux was for
mally arragned on the new complaint. Mr..
on she ground that the court had no lu:isdic,
ton in the case. Justice Jerome maintained
that the court had jurisdiction.
Mr.. Weeks said that the only way that tho
case could be again taken back to the Grand
Jury was through Judge Of the Court OF tho
mission OF it. He asserted that his client was
not being treated fairly by the District AttOr-
ney's office.
Justice Jerome replied that nothing could be
fairer than giving the defendant a right to
have an examination in open court. 1t was
even faircr. he said. than having tho case re-
submitted to the Grand Jury through Judge
of the General Sessions.
Justice Jerome then declared that he would
hold Molineux for ,examtnntion on Monday
afternoon at 3 o'clock. MolineuN was then led
back to his cell in the Tombs.
Neither Mr.. Weeks nor Mr., Battle would say
what their next step would be. hut they Will
probably apply to the Suprem" Court for writ
OF prohibition for the purpose OF preventing
Justice Jerome from considering the case