The evening times., 1900-01-25
THE Trial OF MOLINEUE
Juror Browns Illuess May Be of In-
definite Duration.
His Physician says He Cannot Be I'm
Court Before MOnday-No POsSfbiI-
ity of Continuing the Case With
out Him-The Prosecution Seeking
Evidence Against the Prisoner

NEW YORK, Jan. 25.-The trial Of Ro-
land B. Molineux. it is thought. cannot be
resumed before next Monday perhaps not
then. Everything depends on the duration
OF Juror Browns illness.
AT Mr.. Browns home, 219 West Forty
fourth Street. Mrs. Brown stated today
her husband was suffering from the grip.
He had high fever. and DR.. Tinburg. Of
3Zl East Forty second Street. Mr. Browns
family physician, had directed that under
no circumstances should he leave his bed
1t had been expected that NJ Brown
would be able 70 be in court this morn
ing and that the trial Of Molineux could
be continued then.
He shows little improvement however,
and he may be confined to his home for
some time
4 don't think that my husband can pos
sibly leave home before next Monday"
said Mrs. Brown The doctor has writ
] ten letter 10 Recorder GOG 10 that ef-
feet. We are doing all we can TO hasten
his recovery. however,
When Mr. Brown awOke yesterday
morning he was suffering so severely
from what was believed TO be rheumatism
that he was unable 10 leave the bed. DR..
( Tinburg prescribed massage and hot ap-
plications in the hope Of helping him back
TO his duty in the jury bOX. But Mr..
Brown grew worse hourly, and last even
ing IL was discovered that he was suf-
fering from a severe attack " the grip.
II is said az the district attorneys Office
that there is no possibility Cf continuing
the MOlineUX trial with eleven jurors IN
the event Of Mr.. Browns illness keeping
i
the Cancemi case, IN 1850. the defendant
4 consented 20 proceed with eleven jurors
/ because one was ill., He was convicted or
murder in the first degree. and tie court
of appeals set aside the verdict as uncon-
stiLutiOnal. because every a,@ussd person
is entitled 10 trial before jury Of twelve
Of his peers.
The delay may serve 10 add strength 70
the case Of the prose- tion. Every minute
OF delay viii De uyL yed in search for
witness who. the attorneys ffr me people
say. viii testify that Barnet ii.-ad for sew
eral weeks at the Bellinger hc''se- after
NolineuN and Blanche ChesebrouEn ceased
living as Mr. and Mrs. ChesebrG lgh and
prior 20 their marriage
a colCred servant employed in the Bel
lnger house has testified that man came
there who answered Barnets description.
but she could not positively identify
photograph Of Barnet which was shown to
E her on the stand
The witness sought after was known az
the BeIiuger house only as Frank" He
I attended the furnace. did chores and run
I errands Nr. Osborne received iufo-ma-
tiou two days ago which leads him 10 be-
lieve that the mans right name is Thon-
/ as HiifCrd and that he has been living
/ with a married sister named Kate Woods
/ somewhere near Seventeenth Street and
I Tenth Avenue
! In saloons which the man has frequented
I he has stated thar he knew Barnet well
/ while he lived az Mrs. Bellinger's
! He has stated that he was Ia the habit
4 OF getting the morning newspapers for
+ Barnet and thar once when there was
I scarcity OF ready money he took Barner's
! watch out TO neighb0riug paWushOp and
/ pledged IT,
0Ir. Osborne when he learned that ne
was likely TO have three OF four days ad-
diJional time spread a drag net Tor Hill
/ ford. Detectives searched the ueiEhbor-
/ hood last night but failed 10 locate him.
! The people Of the State OF New York
have expended thus far in the prosecution
. Of the alleged murder a sum Of money
which cannot be much less than $4,000.
l The constitution of the state and Of the
Z United States guarantees to everyone.
| threatened with the loss Of eiJSer life or
{ liberty, a trial by jury Of twelve OF his
peers II Mannheim Browns Illness should
.
! further jury duty there is little doubt that.
7 by order OF the court. several new panels
/ OF talesmeu would be called in an effort TO
/ select an entirely new jury and the eleven
/ men left in the box would be dismissed 10
/ 20 their several ways
The recorder. il was thought last night
would never consent. even II the opposing
counsel should 10 the selection OF one new
Juror to nh out the panel. the evidence 10
be read 10 this new juror from The notes
from the stenosrapher
The trial is Of a too mOmeutOus nature.
and the recorder realizes that conviction
comes TO q jurors mind almost as much
from the demeanOr Of the witness as from
his utterances- Therefore II Mannheim
Brown cannot resume his place among his
colleagues the cost OF the prosecution OF
! Molineux will probably reach S3e9 00O.
/ It required the examination of 544 tales
| men TO secure twelve judges for MOlineuX.
| Today when the newspapers have printed
/ thousands Of columns regarding the trial
! and when opinions as 10 the innocence or
( guilt Of the accused have been expressed
in all manner Of public places how can it
be possible in the examination OF 544 men
to find twelve who have neither heard Of
the case. discussed it. nor expressed an
opinion? If new panels must be called
many weeks viii be passed before the dozen
unprejudiced men will occupy the box. But
even il the court should allow the selection
OF one new juror IL is not probable NeSsrs-
Weeks and Battle would consent TO any
| such thing