The sun., 1901-11-15
.MOLINEUX ARGUMENT.
Ex-Governor Black Urges Dismissal
of the Indictment,
EX-GOVERNOR HILL OPPOSES,
In Answer to the Formers Plen
Tor the Accused the Latter De-
ciares That the Motion to Dis
miss Comes Too Late.

New York, Nov. 1.-two ex-govern-
ers of New York have met in legal
battle in Judge Newburger's court, one
demanding the quashing Of the indict-
inent against Roland b. Molineux, the
other contendng that Molineux had
mad every opportunity to plead, that
he knew every charge against him and
that there is no reason why the new
trial ordered by the state should not
be proceeded with.
Ex-Governor Black contended that
the court of appeals had decided that
the trial was unfair; therefore the in
dictment was unfair and must be dis
missed. He declared the whole case
was based on the Barnet testimony,
which had been rejected as improperly
admitted.
Ex-Governor Hill vigorously opposed
any inspection of the grand jury min
utes and insisted that the Indictment
should stand.
Among the first to appear in the
court was the gallant old General Mol
incux. who has fought so hard ana
valiantly for his son. He was accom-
panied by Il. w. Devoe and General
Horatio 9. King. They found seats in
the jury box, which was soon filed
with lawyers whose names are familiar
to the public. Neither the accused
young man nor any member of his fam.
lily except his father was in court.
Ex-GOvernOr Blacks Address.
Mr.. Black began his argument in
low, almost inaudble, voice, but as he
proceeded his voice increased in vol
ume and rang throughout the court.
Il ask for the dismissal Of this indict-
ment," said Mr.. Black, first, on the
ground that not sufficient evidence was
given before the grand jury to warrant
an Indictment; second, much Of the evi-
dence was irrelevant, having nothing TO
do with the original charge made
against the defendant"
Mr.. Black quoted from the penal code
the section relating TO the charge Of
murder to show that the grand jury
had listened to incompetent evidence,
and therefore had found an Indictment
that could not hold. He continued.
1T is the pleasure of this court to in
spect the minutes of the grand Jury
and pass upon them. call your atten-
tion to these minutes. | ask YOU tn
consider what charge against this man
is recorded in these minutes. Nothing
that the law allows beyond the facts
that Miss Adams died ana that Harry
Cornish and the defendant had quar-.
relied.
Your honor, l know this is serious
motion. murder without doubt has
been committed, but we demand, not
alone fair trial, but II fair indictment.
RMS accused man has not had a fair
indictment, and we appear to ask that
he shall have what he is entitled to.
Justice can never be done by the find
ing or an Indictment on illegal eyi-
dence"
Ex-GOvcrnOr Hill. Speaks.
MIR. Hill said that he agreed with Mr..
Black that the case was most serious
one.
Hardly had the court of appeals an
nounced its ruling" he said when n
motion was made by the defense TO
dismiss the Indictment or be allowed
to inspect the secret minutes of the
f7t''Nt J"'s' - 10 a poiti, HIT
tion, this, to inspect these minutes. 1t
is the height of presumption to make
such a motion. They ask to inspect
these secret minutes, but they give no
reason. Such a motion cannot be grant
ell simply for discriminating whether
or not Illegal evidence was submitted
TO the grand jury. They must estab-
llsh this first and then come before
your honor.
My second objection to disclosing
the minutes is that 1t is not proper for
a defendant to inspect the minutes on
which the indictment is based after he
has already pleaded to the Indictment.
This defendant has already pleaded to
the indictment.
"Furthermore, In regard to the motion
TO set aside the Indictment the SUI
preme court has said that such mo-
tlon must be made at the time of the
arrangement. But it is over two years
since the arraignment was made. 4
motion to dismiss must be made before
the plea. | challenge the defense to
produce any authority for making n
motion to dismiss after the plea to the
Indictment has been made. They can
not ind such authority"