The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-04-01
M0LINEUX
Indictment May Be
Dismissed.
DECISION RESERVED
Judge Williams Hints At
Improper Evidence.

New York, March S1.-The motion to
dismiss the indictment against Roland
B. Molineux for the murder of Mrs.
Adams was argued before Judge Will
liams, in the criminal branch of the
supreme court, today. The decision in
the matter was reserved.
Mr.. Weeks appeared for MolineuX
and District Attorney Gardiner and
Assistant District Attorney Osborne
appeared in opposition. MoIlneuX was
not present. His father, Gen. Molineux,
had seat in the court room.
Before opening his argument, Mr.,
Weeks complained that the minutes of
the grand jury as certified to by the
photographer were incomplete. He said
that the minutes made no record of the
presentation to the grand jury of the
evidence given by MolineuX during the
coroner'S inquest.
Col Gardiner claimed that transcripts
of Molineux's evidence before the
coroner were read to the grand jury
and marked as exhibits. Mr.. Weeks
declared that If the stenographer of
the grand jury was entitled to certify
to incorrect minutes, it was impossible
for the defendant to know what had
been presented to the grand jury. The
court upheld Mr.. Weeks. Col Gardi-
ner finally said he would send for the
transcripts of NIolineuxs evidence. Mr..
Weeks then began his argument.
He claimed that the indictment was
found on other than legal evidence, and
that the court had the power and the
right to set aside the indictment. Mr..
Cornish at the inquest was the only
testimony as TO motive in the case.
Mr.. Weeks contended that no motive
for the murder had been shown. He
said the only evidence tending to con-
meet MolineuX with the administration
Of the poison rested ON the testimony
Of experts in handwriting, who We're
not cross-examined. Mr. Weeks then
discussed at great length the alleged
unreliability of expert testimony.
All the evidence before the grand jul
ry, Mr.. Weeks claimed, was wholly cir
cumstantial and secondary. In clos
ing his argument, which lasted two
hours and ten minutes, Mr.. Weeks al
luded to the introduction of evidence
connected with the death Of Barnet at
another time, and to the failure to
warn Molineux, at the inquest, that
any declaration he would make would
be used against him.
District Attorney Gardiner began his
reply Immediately. He argued that
while a pri1na facie case had been
made out before the grand jury, the
court had never before trial dismissed
an indictment for murder in the first
degree. He said he would submit the
original exhibits and all the minutes of
the case, and his brief by Wednesday,
TO Justice Williams. Justice Williams,
addressing the district attorney, said:
There are questions here that de-
mand consideration. One is to deter
mine what evidence should be taken
before a grand jury and whether or
not upon that evidence a petty jury
would convict. 1t is not arbitrarily in
the province of the jurors to say
whether or not a conviction should be
given, but the court has power to de-
eide whether or not there is evidence
enough to warrant conviction. l think,
Mr.. District Attorney, you had better
look into this point. My province is to
see if on this evidence 1 would let this
case go to jury There are some ques-
tions asked by the grand Jurors that
would not have been admitted at a
trial"