The representative. [volume] (St. Paul, Minn.) 1893-1901, 1899-07-06
OUR ROTTEN COURTS.

OUR ROTTEN COURTS.
The district attorney in the Molineau
case, where the defendant was charge
Win poisoning to death two persons
refused to act, and the grand jury re
FUSED to indict. the prisoner, WHO WA.
THE SON OF A RICH MAN.
Here is the report of the proceedings
New York, June 1O.-At the Mazet in
curry yesterday afternoon. Asa Birc
Gardiner, district attorney, was the
chief witness. In response to ouestions
oy Mr. Moses, he said there were nc
pubic records of cases dismissed in his
ONCE There was, however. a record
with the clerk of each of the courts in
| which indictments were dismissed In
the matter of the duties of the district
| attorney with relation to the grand
jury, Mr.. Gardiner said he was the sole
counsel of the grand jury and cases pre-
sented before them, except when he was
excused, and he admitted that he had
been excused as the grand jury's counsel
In the Molineaux case.
Why did you ask to be excused, per-
sonally?" he was asked.
Before the coroner's inquest. | had
stated my opinion very strongly, and
the coroner's inquest held the party"
why was it not equally your duty as
an oHcer OF the county representing the
people to stand for the same thing be-
fore the grand jury?"
1T was equally my duty to advise
them, it they wished me to, and had not
said that they would go to the court
otherwise l should"
you took personal interest in the
case?" = .pw-
can't say personal interest, be-
cause my personal feelings were very
felt very badly over the whole thing"
"A personal official INTEREST,""
Yes, sir; because the father of the
prisoner had been my friend for * |
years."
1t is said you stated publicly that
you could throw up your hands with 10y
substantially that-if the grand jury
allied to indict Molineaux."
Il have no recollection of anvthinp If
hat kind"
Did you not express your hope that
le would not be indicted, to anybodv?"
NO
was it friendly feeling to the Moli-
eaux family that led you to stay away
rom the grand jury, hope that while
ney were fully investigating, the mat
er would not come to the putting of
loHneaux on trial for his life?r
NO, sir, it was not; because l firmly
elleve him guilty. l am exhausting
very effort to hold him.
II you firmly believe him guilty, why /
q you not then, as the prosecuting Of
GER OF the county, take all the great re-
'urces at your command and 20 in be-
re the grand jury and insist upon an
dictment?''
i never do that, sir. l have been
ought up in different school" 4
How did you relieve yourself of the
ty OF guiding a grand jury as to mat
rs OF law in matter of such import
ce as that WASP" Ia
They had the court right there with
EN- to give it to them IA
What other case was there where |
u asked to be excused beside the
1 think that is the only one where
nave publicly and openly and fairly
pressed firm opinion
Why was it that Assistant District
torney Mcintyre having begun the
of this case, was with
Iwn from it,"
It was simply that I upheld him at
It, as l would any one else who han
led to be there"
have you given out a statement from |
IT office rejecting upon the rights
the powers of this committee?"
Officially, no.
AS constitutional officer. you mean
respect the legislature. do you not?"
Officially. yes. Personally, think it
ometimes very hard strain on the
science"
hen Mr.. Gardiner declined to an
number of questions regarding
opinion of the committee, on the !
Ind that they were not material ia
inquiry, and therefore not entitled
IN answer.
4 the same ground he declined to saw
Their he had made the statement
he would advise any one who had
subpoenaed not to appear before
committee. He denied, however.
ng been in consultation with Frank
ler before the latter went on the
d.
ia =