New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-05-12
WORK FOR THE GRAND JURY.

There appears 10 be some unwillingness on
the part Of the District-Attorney TO submit the
charge Of assault against Molineux TO the pres
ent Grand Jury. The power and the duty OF the
Grand Jury, however. are not circumscribed by
the District-Attorney Its business is TO investi-
gate all crimes Of which II has information, even
II such investigation run counter 10 District
Attorney who might desire to shield some Grim
inal or TO prosecute some innocent man by hold
ing over his head the threat OF prosecution
which he failed to institute. The code is en-
tirely specific OH this point. II orders that THE
Grand Jury must Inquire into the case Of every
person imprisoned in the Jail Of the county on
criminal charge, and not indicted" That applies
exactly TO Mollneux. He is imprisoned on the
charge OF assault, and has not been indicted.
The Grand Jury must inquire into his case and
find an indictment against him or dismiss the
charge. II the District-Attorney does not of his
own motion lay the charge before the jurors,
they should take the initiative under the law
and find out whether or not there Is sufficient
cause to hold this man longer In prison and sub
ject him to trial.
1t is also a matter Of public knowledge, and
information about II must have come TO mem
bers Of the Grand Jury, that another accusation
of murder is made against Molineux. For
months past almost daily assertions have been
made In newspapers and In the District-Attor-
ney's Office that Henry c. Barnet was MUIR
dered II So II is time Grand Jury took cogn
zance Of the crime and brought in true bill
against the murderer II II Is not true compe-
tent body should investigate the subject at once
and set at rest the gossip and relieve the victim
of II from malicious persecution. The law In
this case Is also perfectly plain. 1t says:
ia member OF the Grand Jury know or have
reason 70 believe that a crime has been COM
mitted which Is triable in the county, he must
declare the same 10 his fellow-ju Jurors. who must
thereupon investigate the same
Every member of the Grand Jury knows OF
the alleged poisoning Of Barnet He knows
that since the refusal TO indict Molineux for the
killing of Mrs. Adams members Of the District
Attorneys staff have openly declared that they
had evidence sufficient to secure the Indictment
Of MolIneux for killing Barnet and have threat
ened that they would have him arrested on
that charge II their other efforts TO keep him In
prison failed. If ii is true that they have such
evidence Mollneux ought 10 be indicted, ano
the Grand Jury would be derellct In Its duty II
Il failed 10 investigate this alleged crime. Let
II send for the evidence that Barnet was muir
dered. and not allow a notorious charge oil
crime to 20 from month TO month without the
INQUIRY and the disposition the law requires
The Grand Jury's duty is TO discover and de
nounce the guilty on the one hand and quite ms
much 10 protect and vindcate the innocent on
the other
The Jurors who compose the Grand Inquest OF
the county have the most sacred rights OF citi'
gems In their care. They are charged to clear
away frivolous accusations. II is certainly their
province to save citizens from the threat OF
continued persecution and indefinite imprison'
ment Mr.. Gardiner threatens just that in the
case Of Molineux. Having failed to secure his
Indictment for the murder OF Mrs. Adams, the
District-Attorney seeks on practically the same
state Of facts TO hold him in prison, charged