The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-11-12
MoLIyKUX CASE TAkGLE.
Justice aisgerich Calls On tho District At
torney's once 10 Explain.

Supreme Court Justice Giegorich son, yesterday
for District Attorney Gardiner and his assistant
Osborne and Lawyers Weeks and Battle, Moli.
neux's counsel. and had long private consulta-
ton with them regarding the status Of tho casc OF
Roland B. MolineuI. who Is awaiting trial for
tho murder Of Mrs Katherine Adams After
the conference all concerned declared that they
had agreed to divulge nothing that had passed.
II was learned that Justice Giegeuch had de-
mnnded Of Mossra Gardiner and Osborne what
foundation there was for published reports that
the purpose Of tho transfer Of the case back to
tho General Sessions upon his order was pur-
pose that did not appear upon tho application
made to him. The published reports referred
TO were that the object Of the shift was TO avoid
trying the case before Justice Giese colleague.
Justice Fursman. lest he abide by tho ruling oil
another Supreme Court Justice. Justice Will
Jams, and declare irrelevant upon the tial, any
evidence tending to show that Molineux poisoned
barnet as we'll as Mrs Adams Justice Giegench
not only wanted 10 know the source 81 this re-
port but also II there were any circumstances
that would prejudice tho rights OF the defendant
II the trial were 10 go in the General Sessions
Deputy Attorney 6 eneral Job r, Hedges. in
change Of tho prosecution OF all persons charged
with violating the election, registration and prm-
ary laws was in consultation yesterday with
Assistant District Attorney Inger who prepares
there were about sixty cases ready for the special
Grand Jury. most OF them based on evidence
I these cases arc o alike the dedan. having
bern arrested for registering from tho Municipal
lodging house. Mr.. Cnger handed MI Hedges
letter from District Attorney Gardiner which
Il s,all consider II my duty under the act passed
by the Legislature last April whenever requested
my power the power Of this Office IN tho prosccu
ton and conduct of such cases J have hereto
Election law which occurred last year not only
TO my own satisfaction, but 10 the satisfaction
Of the State Supcrn,endent o, Elections In
has been forthwith submitted 10 the Grand jury,
In ono instance. an indictment was found sui
on trai before The GSun Of General Sessions pti"r
70 the general election. which trial resulted IN
went WEI t with me- before the ' Grand Jury. we had had
fifteen cases Of alleged violation Of the Election
law, with the witnesses for the people all present
in the nnteroom awaiting examination by that
body, but tho consideration Of those cases was
postponed at your request 70 a later day As
forms me that he has, pursuant 10 my instruc-
tons, turned those cases over to you lie is
now preparing schedule Of such as remain
you may have the exclusive charge Of the prose.
Cu,ion In all such cascs ] ought to add that
y9 'aG ssn Were by @ to S ,s
sworn In the present week Their action has not
yet been communicated 10 the court, owing 10
adjournment ASA BIRD GARDINER,
District Attorney"
Both tho District Attorney and his assistant
fastened 10 assure the Justice that tho reason
given in the moving papers, To avoid subppnang
again tho witnesses summoned " the General
Sessions was a bona AIDE cause for asking for
the transfer. Mr., Osborne then went on 10 en-
plain that while the Supreme Court had made
a ruling IN the case, General Sessions had ex.
pressed no opinion whatever. and its absolute
impauiality and fitness was unqucStioned Mr.
Osborne denied being the source of the published
report He also insisted that II was but natural
and right that the prosecution should bring tho
rule most favoratly on tho contentious Of the
prosecution
while District Attorney Gardiner would not
speak about any phase Of the Mnliueux case
Yesterday, Mr. Osborne repeated most cmphau
cally that the trial would begin on Tuesday morn,
inc in the General Sessions \ regular unncl
Division Is considering new motion 10 be made
for a special Jury panel