New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-02-13
WEEKS SURE OF REVERSAL
GROUNDS OF HIS APPEAL FROM MUIR
DER VERDICT.
HOPES THE HIGHER COURT MAY REACH
AND DISPOSE OF THE CASE Be
FORE SUMMER RECESS.

Roland Burnham MOIineux viii finally he
acquitted. The finding of the jury on sntur-
day night will stand. The Court of AP-
penIS will, grant new trial and
my clients acquittaI will follow.
BARLOW 5. WEEKS
Mr. Weeks made this statement yesterday
afternoon to a Tribune reporter who called at
his office No. 100 Broadway Mr.. Weeks was
alone in his Office. His associate Mr.. Battle,
went away early in the day, but the defender
of Moliueux had TOO heavy a load on his mind
to want TO do anything but take q fresh grip
on the legal features OF the case and prepare
quickly and thoroughly as possible for the
exigencies of Friday and Saturday Of this
week.
4 shall move on Friday before Recorder
Gon for a new trial Of my client before SEN
tence is pronounced" said Mr.. Weeks. From
denial Of that motion I shall appeal on the
following grounds. among others;
..First. that the verdict of guilty n
justified by the evidence.
second. that the testimony with reference
TO the death of Barnet was improperly ad-
mi1red-
Third. that the testimony of certain
perts upon which the conviction apparently
rests not sufficiently cOrrObOrated.
Il cannot at this time outline all the features
of the arguments pertinent to this case"
Nj Weeks said that the procedure would be
be taken Immediately after sentence has been
pronounced. An appeal will be taken direct TO
the Court Of Appeals, as the case. according
10 statute viii not pass through the Appellate
Division. The Court Of Appeals has power TO
review both errors Of fact and errors of law.
The time within which the appeal will be per
fected viii depend upon the time given by the
District Attorneys office in making UP the
case II the case is advanced with vigor the
Court Of Appeals may reach it and dispose Of
It before the summer recess. The appeal will
act as a stay Of execution Of sentence
ARGUMENTS ON BOTH SIDES.
The evidence will be reduced 10 a narrative
form carrying the salient features OF the tes-
ti1nony. Where exceptions were taken the
questions and answers viii be given verbatim.
in order TO give the judges a clear insight into
the legality and materiality Of the testimony.
Printed briefs will be submitted by counsel for
both sides and arguments will be made by
Messrs. Weeks and Osborne on their respective
briefs
Mr.. Weeks said yesterday that when the case
is on appeal reference will be made TO nearly If
not quite all the exceptions taken by himself
during the trial Stress will also be laid on the
refusal OF the Recorder 10 charge certain things
asked for by the defence. Mr.. Weeks made no
exceptions TO the charge OF the Recorder, but
charge certain things
If the Court Of Appeals refuses to grant
new trial then Molineux viii be brought 10 New
York from Sing Sing for resentence. Under any
circumstances. it is expected that Nolineux will
be taken TO Sing Sing.
Did MOlineux request you 70 allow him 10 60
on the stand?" Mir. Weeks was asked
7 cannot answer the question now said Mr..
Weeks
The prison chaplain, the Rev. M-. Munroe,
says that the prisoner told him week ago that
he expected 20 go on the stand in his own de-
fence. VIII you say whether that is true or
not?"
7 have no reason to doubt the veracity of
AIr- Muuroe.
In case. there is new trial, shall you put
your client on the stand?"
THAT IS bridge We shall not cross till we
come TO it," said MI Weeks.
When Mr.. Weeks was asked II Mr Osborne
had right. under the law. in a capital case
10 see his CAr. Weekss) brief which is to 60
10 the Court Of Appeals Judges. before IL is
submitted to that tribunal he said that he was
not sure whether or not Mr.. Osborne had that
privilege