Barre evening telegram. (Barre, Vt.) 1898-19??, 1899-08-02
A MOLINEAUX DECISION
Judge Blanchard Decides Against In.
spection of Jury Minutes.
ABOUT THE TRIAL
District Attorney Gardiner Says That
He VIII Bring Up the Famous
Poisoning Case In q g
Few Months.

New York, Aug. 2.-Judge Blanchard,
in part one of the court OF general ses-
sions, has denied the motion of Lawyers
Weeks and Battle, Roland b. Molineux's
counsel, for permission to inspect the
minutes of the July grand jury, which In
dicted Molineux for the murder of kath-
crime J.. Adams.
In his decision Judge Blanchard de-
clared that Molineux's counsel had not
given sufficient grounds for IN inspection
of the minutes.
The decision was announced shortly
after the opening of court by Clerk Hall.
Neither Mr.. Weeks nor Mr.. Battle was
In court.
The next move in the case will be the
arraignment Of MolineuX for pleading.
Judge Blanchard's decision in full Is as
follows:
"The moving papers fail to disclose
any legal reason for granting this mo-
ton, and the exercise of the inherent
power of the court, in allowing an In
spection of the minutes of the grand
jury, would be unusual, If not unprece-
denied, in view Of the proceedings AL
ready had In the case. 1t is not alleged
that an inspection would aid the defend
ant in preparing for trial or that he Is
not informed Of the substance and de-
tails of the charges against him. He has
had two opportunities to have the merits
of the accusations against him inquired
into by an examining tribunal, wherein
he could have testified in his own behalf,
If he so desired, compelled the attendance
of witnesses and thereby explained away
the charges against him, but in each in
stance he has avoided the issue and
waived the examination.
"He did this in the exercise of his UNI
doubted legal rights; but, having declined
the opportunities offered him, he cannot
now justly complain of unfair treatment.
Moreover, a careful review of the pro-
ceedings has produced the conviction that
an inspection of the minutes would not
benefit the defendant or have any effect
other than to delay the trial of the in
dictmcnt against him. The case has at
tracted a large amount Of public Attcn-
ton for several months. and the best in
terests Of the community as well as those
of the defendant himself demand the
s~peediest disposition of it that is posi-
Bile. The motion Is therefore denied"
No Excitement Over Decision.
The decision caused no excitement. 1t
had been expected for three days, and 1t
was generally believed BY those CONVEX
SAINT with the case that tho judge would
deny the motion.
Later Barlow S. Weeks went to the
court and saw Judge Blanchard. Meth
err would say anything about the CONVEX
sation, but it was learned on good au-
thority that Judge Blanchard told Mr..
Weeks that if he made a motion to Quash
the indictment he would deny it. In this
event there should be but little further
delay in bringing the case 70 trial.
Judge Blanchard's decision on this mo-
ton Is MoIineuX's first setback since his
arrest. His fight has been carried on for
months, and he had succeeded in all the
preliminary fights against the district at.
torney.
Mr.. Weeks made his motion last week.
1t was opposed by Assistant District At
torney Osborne, who commended prac-
tically what Judge Blanchard declares in
his decision today.
MolineuN will probably be called upon
to plead to the indictment very soon in
part one of the court of general sessions
before Judge Blanchard.
District Attorney Gardiner said:
81 expected this decision. 1t is just.
| shall place Molineux ON trial in a few
months if the defense does not make
too many attempts to put it off with I'M
necessary legal subterfuges."
Mr.. Weeks would say nothing about
his plans for the future, but it is under
stood that he will demur to the indict-
ment and do his best to have 1t dismiss
ed. 1t is not believed. though. that this
Indictment will be dismissed. 1t is after
the form of the Indictment found against
Carlyle Harris, which withstood all at
tacks made in every court having juris-
diction.