Barre evening telegram. (Barre, Vt.) 1898-19??, 1899-06-20
A BLOW FOR M0LINEUX
Justice Fursman Decides Grand Jury
May Reconsider the Case.
LAWYER WEEKS PROTESTS.
Accuses Assistant District Attorney
Osborne Of Having Acted UnprOfss-
si0nally In Come tiOn With the
Affair "A Quick Decision.


Attorney Osborne appeared before Jus
tics Fursman in the criminal branch o.
the supreme court on a motion to deter
mine whether the case against Roland B
MolineuX should be submitted again t.
the grand jury or whether the dismissal
of the case by the May grand jury should
be final. Molineux was not present ii
court but was represented by George G
Battle and Barlow s. Weeks, his coun
sci.
Mr.. Osborne in his argument went over
the whole case from the time of the hear.
present time. Referring to the charge
grand jury, Mr.. Osborne said
1.-THE court in this case, without men
tioning the Molineux case by name, made
most remarkable charge to the grand
jury. do not wish to criticse the
charge, but do think that the charge
influenced the grand jury to act as 1t
did"
Mr.. Osborne then went on to say that a
stronger case WAS submitted to the May
grand jury than to the first grand jury
and that 33 witnesses were called.
1.-THE grand jury" he continued, did
not consider the case properly. Some per-
son gave the foreman list of questions,
which were put to witnesses. These
questions had nothing to do with the
question Of the guilt Of Molineux, but
were calculated to create prejudice
against Cornish"
The assistant district attorney then
read from the minutes Of the coroner's
jury and went on to discuss the testimony
at length. Continuing, he said, "To show
that the members of the grand jury were
influenced by the charge of the court |
can say that individual members OF the
grand jury came to me and asked Way |
had not submitted the case to commit
ting magistrate before | sent 1t to them"
Weeks Reply.
Mr.. Weeks spoke vehemently in reply
to MIR. Osborne. He said that the as
sistant district attorney had acted unpro-
fessionally in the case.
"The hearing before Coroner Hart. who
was sitting as committing magistrate,
was shut off, said Mr.. Weeks, land the
case was hurried to the grand jury with
out giving MolineuX the benefit of an ex-
animation
Mr.. Weeks then criticised Mr.. Osborne
severely for making public the minutes of
the grand jury. He read long affidavit
from Foreman Church of the grand jury,
in the course of which Mr.. Church denied
that the alleged garbled account Of the
coroner's proceedings was submitted to
the grand jury. Mr.. Weeks then went
on to say that his client wasn't afraid to
go before Il grand jury or petit jury. He
said that Mr.. Osborne, in his affidavit,
the grand jury with malfeas-
ance, but that in his oral argument he
to change his position in the
matter.
Justice Fursman declined to take the
papers in the case saying that he would
render an opinion there and then.
"ln doing so, he said, II have strong
enough faith in the impartial and fair
rendering Of justice by the grand jury
md the district attorney and the courts |
sitting in the city and county of New
ork to believe that the interests of Mol |
neuX will be better conserved by a re-
submission of this case to the grand jury.
There is no law to make it compul-
ory for any case to 80 before a mags-
rate. Such proceedings are often waiv-
ID. In this case | shall grant the district
lttorney's motion, and order that the
ase be resubmitted to the next grand
ury on or before July T."
This decision does away with the hear
ng before Justice jerome in special ses-
ions.