The sun., 1901-11-15
BI,ACK.HILL MOLINEUX DUEL.
yrW READING BY EX-GOV. HILL
or COURT OF APPEALS RULING.
lie Maintains That the barnet Letters
Can sun Be Uscd-ES-Gov. Black Says
I'M Misses the Polnt-Belonging to
Tammsny Hall rs Pre- judicial"

T1.Ciov. David Is. Hill, arguing In Denau
~ the District Attorney yesterday before
Jpd9e Newburger in General Sessions
ooainst the dismissal OF the murder in
Allotment against Roland B. Molineux,
daclared that the revised opinion OF the
Court of Appeals, filed about ten days after
the reversal OF the conviction. declared.
not that the Barnet letters were wholly
inadmssible as evidence, but that they
uere inadmissible as evidence Of the poison
Ing and death Of Barnet Mr.. Hill said
that the Court OF Appeals had changed
the wording Of its original ruling barring
letters 'prejudicial" to the defendants
interests, so that IL now reads that the
letters may be used unless otherwise
incompetent They may be used, Mr..
IJ,Il argued, to show that the writer was
suffering from an illness and for the purpose
~ identifying the writer with Molineux
T,-Gov Frank S. Black. arguing for
Nolinsux, declared that the Court OF APP
r,asls had ruled against the Barnet letters,
which we're part of the Barnet evidence.
and that these letters and the evidence as
o. the death of Barnet were so ineItricably
woven into the case, as 1t was presented
n the Grand Jury, that they had their
share In securing the indictment OF Mol-
neux, and that without them there was not
surcisnt legal evidence on which TO indict
Er-Gov. Black moved for the dismissal
or the quashing Of the indictment on the
ground OF illegal and insufficient evidence
before the Grand Jury, and in case tho
motion was denied he wanted permission
% inspect the minutes OF the testimony
before the Grand Jury. Mr.. Hill opposed
both motions. Judge Newburger reserved
decision and gave week in which the
attendants lawyers might file brief.
Mr.. Hill filed his at once.
The courtroom was crowded when Judge
Newburger took his seat on the bench
AT 1890 o'clock. Molineux was not in
the room He remained in his cell in the
Tombs Prison. Gen. Molineux sat in the
tury box with Gen Horatio c. King. City
chamberlain Keenan, sat near the bench in
the Judges inclosure, in which were many
well known criminal lawyers, A Few
women were In the room. Lawyers from
several cities in this State presented passes
10 the doorman, explaining that they had
come 10 town solely to hear the argument.
Judge Mcmahon came in just as MIR. Hill
in defining the difference between a pre-
judicial letter and an Incompetent one,
as regards evidence made the remark that
in sSne parts of this State il might be
preiudicial TO a mans interests II he ad-
mitted in a letter that he was member
Of Tanmany Hall Both Judges were
Tammany nominees PROSECUTORS VsooIne
Weeks and Battle and so were most OF the
spectators: and laugh ran around The room.
MIR. Black, who opened the argument,
said: we plead that the Barnet letters
and all relating to his death were Illegal
incompctent and irrelevant. An indict-
rrent based as this is, upon such evidence,
cannot stand This evidence has been
ruled out by the Court Of Appeals
Aside from this Barnet evidence, he said,
was only the evidence OF DR. Hitchcock
and Harry Cornish, one testiiying that
Mrs Adams died Of poison and the other
,es.ifying that MolineuK was his enemy
And that Is all that there is in this case.
Ia said. -the Barnet evidence being
excluded.
.Why is this motion made at this late dayi-
asked Judge Newburger.
Because Of the decision Of the Court OF
Appeals responded Mr.. Black. the case
j. practically at new beginning and only
the Indictment il now before the court
Ellr,ua,e this Barnet evidence and what
remains to show that We ever knew anything
about cyanide OF mercury or about the
bottle holdery'
Mr iii in replying said tina; the motion
was bold, audacious and th" height OF
presumption, and was intended 20 delay
'he new trial that had been ordered
A motion to inspect the minutes. he
said must be made before the defendant
pleads 20 the indictment. A motion 10 set
aside the indictment must bc made on
ArrAIgnment and before plea. and then only.
There are only two grounds Tor setting
aside al indictment. improper endorse
mont or the admission Of persons Improperly
20 the Grand Jury room
Mr Hill quoted n decision 20 he ehect
hat IN. granting 81 new trial put the
case back 20 where i' wac after pleading
Ila pIiut.d out thai Judge blanchard
sI.lng Boo General Sessions. had denied
tIs application ~ the defense two years
AfD fIf leave to lnspest the Grand Jurys
mnut@- Hs cuuoesissi that the barn"i
lstief- were considered by the Grand Jury,
iut 60 0u- l4rN whether or not they had
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