New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-03-04
HART DROPS ADAMS CASE.
CLOSES HIS COURT WHILE MIR. WEEkS
Is SPEAKING.
ACTING UNDER THE ADVICE OF THE DIS
TRrCT-ATToRNEY- COLONEL GAkDi-
>v,R DECLINES TO TALK OF THE

rprcr. ATToRNEY-CoLONEL GARDI-
~vR DECLINES TO TALK OF THE
HICKMAN INDICTMENT
co,oua, Asa Bird Gardiner declines to put
.,,,se,r IN record az denying either the laC's
connected with the record Of Heckmans IN
s,.,,,ort or NJ the Dstrict-Attorney's ONCE
giving out in advance copies OF the lndlc'nien'
which tho Grand Jury found against Kolanu ~
>,o,,,o,x for the murder Of Mrs Kate J. Adams
When the article in yesterdays Irloun" war
shown 10 him. he had nothing 10 say
,,o,i,o,,v was 70 have been arraigned before
Coroner Hart yesterday. the coroner nav"
asto,,rred his examination from Wednesday
until Yesterday al tho request OF 'he
Attorney As has been the case IN other pro-
ceedings. all legal formality was swept TO ."e
winds and the Coroner. without legally CLOSING
Tho session Of his court or even having the prs
oror brought before him. disposed Of the mat
Tor with a wave Of his hand.
Coroner Hart and District-Attorney Garol"e'
were I'm the Coroner's private office when na'
,o,v < Weeks. Of counsel for MollneuX came H.
Tho Coroner at once declared his court IN seS-
clio, Mr. Weeks then demanded that MohheuN
no brought before the Court. as no procefol"tN
wore LEGAL without his presence 'oIohel "","'
nov did not allow the Coroner 10 answer ou'
s,i8 himself There will he no legal proceeo''sS
taken in this case before the Coroner.
.rbsn we understand you to overrule our 3D.
iectione" Nj Weeks asked.
..-rbaro &c no overruling here AZ all Coonel
Gardiner tnterposed. The fact that the court
of General Sessions now has charge GUSTS 'he
Jurisdiction Of the Coroner
There Is no evidence before Your Honor
~ Weeks said. chat there IS any Indictment
against the person whose examination was SGT
down for II o'clock today. The statement oi
the observation-disclosures or any one else not nhoFr
oath cannot he taken 10y you
colonel Gardiner said the Coroner was m
formed Of the proceedings Of the other court.
Does Your Honor appropriate the language
70 tho District-Attorney? Mr.. Weeks asked
dsdainfully.
The Coroner IS not bound 10 answer any SUI"
Question" said Colonel Gardiner
INDICTMENT HELD TO RE VOID.
..The courts Of this state have positively ana
distinctly held" Mr.. Weeks replied, that me
finding Of an Indictment pending the eXamina-
lion az a prisoner by the arresting Magistrate
is void II is held that the accused is entitled
70 this examination for the protection OF himself
by the cross examination Of witnesses
Colonel Gardiner turned and started for the
door
Coroner Hart followed the Coloners brass
buttone1 bodyguard clearing the way. 81 waive
all rights" he said. Ito hold the examination
Won cannot waive the rights Of this defend
anti Air Weeks shouted after Harris retreatng
figure
II Your Honor proceeds 70 leave this court
while I am endeavoring to get my objection on
the record YOU do only because you have the
physical power Of locomouon. I ask that the
stenoerapher continue and note that II has been
distinctly held that an indictment returned I'M
der these circumstances is void"
The Coroner had disappeared. He had not ad-
tourned his court. and the stenographer stayed
in the room.
Mr.. Weeks continued stating his objections
and read from n long brief list Of prece-
dents.
We desire 70 place upon the record" NJ
Weeks continued. addressing the chair which
the Coroner had just vacated. that the defend
ant has been deprived Of his constitutional right
10 be present We also desire TO place upon the
record Of the court the fact that the Magistrate.
in absolute defiance Of decency and of justice,
leaves this courtroom IN the midst Of my re-
marks. without even determining the legality
of the contentious made and. after formally
opening court in this room. no adjournment Of
the court has been taken"
This ended another chapter in the remarkable
Coroner's inquest, which has made itself place
in legal annals having presented more inno-
vations in the way Of practice than was ever al
tempted in any other one hundred cases.
Just whether this is the final chapter in the
inquest proceedings IS a question which may
not be settled for some time Mol.reux will. Of
course go before Recorder Cor on Tuesday next
to plead but that does not necessarily dispose
OF any other action which might be taken
against the District-Attorney and the Coroner
for their peculiar handling Of the case
The New-York Athletic Club has accepted the
resignation u NOlineuX, both from his place as
governor of the club and a member. The
resignation was dated February 20 and was
presented voluntarily. Harry Cornish has not
yet presented his resignation athletic di'
rector Of the Knickerbocker Athletic Cub
Defence MAY CALL CARvALHO
Albany March 3--David y. Carvalho who for
eighteen years had connection as handwriting
expert with the Dstrict-Attoney's office OF the
city Of New-York and who was employed on
the Adams poisoning case. told Associated
Press reporter to-day that the District-AttOr
neyss office was aware for six weeks previous &c
the COrOner's inquest that his expert opinion
was positive 10 the effect that the writing or
the poison package received by Harry Cornish
was not that Of Roland g. MOlineuX. He be
Neves the fact that he employed directly by
the District-Attorney's office and was not called
at the CorOner's inquest is significant
II Is probabl that Mr.. CaTvalhO Will be EN-
ployed by the defence, which says II is able Z
prove not only that the writing on the poison
package was not that OF Molineux. but that /
can discover the actual writer.
PETITIONS ~ BANKRUPTCY.