The sun., 1901-10-27
STEPS TO CLEAR MOLINEUX.
MOTION NEXT WEDNESDAY, TO
DISMISS MURDER INDICTMENT.
Barnet Letters. Esciuded by Court u
Appeals. ts~d ~ Standards Before
the Grand Jur, No Oner ef Hall 70
Ne Made while THIS Motion De- reading.


ne Made while THIS Motion De- reading.
Roland ID Mollneux u 10 move next
"Wednesday IN the General Sessions for
the dismissal Of tho indictment charging
him with the murder Of Mrs. Katherine
]. Adams. His grounds are that outside
OF the Bamet testimony before the Grand
July tho other evidence was insufficient
and that the Court of Appeals has ruled
the Barnet evidence TO be Illegal.
Notice Of the motion was served ycs-
terday upon District Attorney Phiblin
by Weeks A Battle. Molineux's lawyers.
and Il provides that Ia case the motion TO
dissniss is denied another motion TO In
spect the minutes Of the Grand Jury may
be made. Molineux's lawyers have never
seen the minutes Of the Grand Jury. They
made application In July iss9, but II was
denied.
The motion is not likely to be argued
next "Wednesday. MIR Phiblin said yc-ter-
,ay that he would ask for an adjournment
because he had Just received the opinion
Of the Court Of Appeals and wanted to
read t. When the argument u made
he will be represented by Assistant Dis
trict Attorney Osborne who prosecuted
Molincux and Molineux will bo fepre-
sentcd by ex-Gov. Black In the District
Attorneys offico the opinion yesterday
was that the indictment i almost sure TO
20 by tho board. No Application TO get
Molineux out on bail viii be made while
these proceedings are pending.
MollueuN's lawyers ia their papers quote
Judge Werner's opinion that was error
to resolve or 70 use as standards OF COM
parison the Barnet letters. They were
inAdmi<-ille because G) they constitute
a part Of the Barnet evidence, mono of which
was competent or relevant TO the issue
under the indictment herein; c( being
neither competent nor relevant 20 the issue
they could no, be received solely n stand
ards Of comparison because they were
obviously pre- judicial 20 the defendant.
In an accompanying affidavit ID. n. Car
valho says that while ln the Grand Jury
room he saw there all the Barnet exhibits.
The Barnet letters. he said. were treated
as standards of comparison and were an
Integral and essential part OF the case pre-
eented TO the Grand Jury. Expert hins.
lev came out az the Grand Jury room and
tod Carvalho; i didn't testify as an expert
at all: they only asked me II ] had seen
the defendant write and then asked me To
identify the Barnet and Cornish letters
a. being In the handwriting OF the defend
ant
In Ibis AFFIDAVIT Mr.. wceks call. the at
tention Of the Court 20 the fact that Emma
Miller was not called before the July Grand
Jury. She testified on the trial that abe
sold the bottle holder. which was part OF
the contents % the poison package, To
man who was not the defendant and who
did not look like him, Mr.. Weeks also
points out that Justice Williams dismissed
the March Indictment because OF tho ad-
mission Of the Barnet letters.
sIt would be manifestly unfair says
Mr.. Weeks, ito compel Molincux and his
father to 90 to the great expense 81 another
trial upon evidence which has been held
TO he Illegal Hc adds the seemingly
contradictory statements that tho Dis
trict Attorney can got another indictment
upon testimony held To ~ legal by the
Court Of Appeals" and that he believes that
"a Grand Jury would dismiss tho conl-
plaint were only legal and competent evi-
dence submitted