The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-05-10
AGAIN ARRESTED.
Molineux Enjoys Few
Moments Of
Freedom.
CHARGE OF ASSAULT
Prisoner Reincarcerated in
Tombs to Await
Hearing.

New York, May 9.-Roland Burnham
Molineaux, who has spent weary weeks
in the Tombs prison, charged with the
murder of Mrs. Kate ]. Adams, was
freed from that charge today The
grand jury failed to find an Indictment
He walked out of Judge Mcmahon
court room, only to be rearrested at
the door, charged in special sessions
warrant with assault in the first de-
gree on Harry Cornish. The basis of
this accusation was that he had sent
poison through the mails with intent
to kill the latter.
His lawyer Barlow S. Weeks, accom-
panied him before Justice Jerome and
argued that the charge was the same
as that upon which the grand jury had
just acted and that the proceeding was
Illegal Justice Jerome adjourned the
hearing until tomorrow. Molineux was
held.
There was great excitement in the
criminal court building this afternoon
when it became known that the grand
Jury had failed to find an Indictment
against Molineux
The sign that the polling was about
to begin was given soon after 3 o'clock
when the officials of the district attor-
ney's office walked out of the grand
jury room. Soon it was announced that
the inquisitors were ready to appear
before Judge McMahon who had kept
his court open for them.
When the grand jury appeared in the
court room ten minutes later there
was a large crowd present. The fore-
man announced that the charge against
Molineux had been considered and dis
missed. There was a hush in the court
room while the body was polled and it
was found that seven members had vot-
ed for indictment and eleven against,
five being absent.
Word was sent Immediately to the
Tombs and Molineux was told of his
good fortune. Shortly before o'clock
Molineux, in charge of an officer, APP
peared in the court room. He faced
the crowd and the judge calmly. When
he arrived before the bar Judge MeNa-
hon asked:
rs there any further charge against
the prisoner"
There is no existing charge said
Assistant District Attorney Blumen-
thai
Discharged said the judge abrupt
~ There was not a trace of feeling
on Molineux's pale face. He stood a
moment aand then, taking his hat,
started to walk out of the court room.
He was met at the railing in front of
the bar by his counsel, Barlow S.
Weeks, who had rushed from his office
on hearing the news. Weeks grasped
the hand of the young man, shook it
and said some encouraging words.
Then Molineux smiled
Weeks laid his hand on the mans
shoulder, and they walked out of the
court room. At the door they were met
by Detective Carey of police headquar-
tiers, who presented a warrant issued
by Judge Jerome, of the special ses-
sions court, which charged Molineux
with the assault on Cornish in sending
cyanide of mercury with intent 70 kill.
Weeks protested without avail
Assistant District Attorney Osborne
was present, and the party went to the
chamber Of Judge Jerome, where the
warrant was read. Weeks declared
this charge Should not stand, as it was
based on evidence which the grand ju
ry had ignored in the murder case,
but the Judge refused to consider this
plea, declaring that the warrant could
not be dismissed unless Weeks could
show that the specific charge of as
sault had been ignored by the grand
jury.
Osborne admitted that If Molineux
was held on this charge, the case would
PROBABLY De submitted TO aNOtQeI
grand jury, with the view Of connect
ing the prisoner with the Adams pois-
oning. The Judge declared that as one
grand jury had acted in the matter, he
could not approve such an idea. In the
midst of the argument it was decided
to continue the case until tomorrow,
and the attorneys then began a discus
sion Of the subject Of bail. No bail was
fixed by Judge Jerome. The judge
wants to confer with District Attorney
Gardiner before fixing ball.
The following We're the witnesses in
the Molineux case examined by the
grand jury today: Harry Cornish,
Chief Of Detectives McClusky, hand
writing experts Kinsley, Frazer, Tyr
rell and Osborne. DR.. Hitchcock Prof.
Withaus, Mrs. Rogers, daughter of the
murdered woman, Messrs. Baker and
Gordon the coroner's stenographers,
Detective Sergts. Carey and McCaffer-
ty and Felix ]. Gallagher, formerly an
employee of the Knickerbocker Club.