The age-herald., 1901-11-15
MOVES ID QUASH
 THE INDICTMENT M Hooo
Two Governors Appear in Case
 of MoIlneaux
PROBE GRAND JURY RECORDS
MoIineaux's Attorney Seeks to Find Out What Was Before the
 Grand Jury-says Indict-
 ment Is Illegal. ala

New York, November 14.-The former governors of New York David B. Hill and Frank s. Black, met in argument today in the Court of General Sessions on the motion to quash the indictment charging Roland B. Molineaux with the murder by poison of Mrs. Katherine J. Adams.
 Molineaux was once convicted and sem fenced to death but the Court of Appeals gave him a new trial for error on the part of the trial court. MT. Hill asso- ciated with Assistant District Attorney James Osborne opposed in behalf of the State and motion to quash and MT. Black joined with Weeks, Battle and Marshall and Fcrm,r District Attorney M. K Ol- colt, in pressing the motion in behalf of the alleged poisoner.
 General Molineaux, father of the pris- oner, came to court in company with Gen. Horatic c. King and Frank W. De- voc and joined the counsel of his son. A great crowd filled the court room and stretched out through the open doors to the corridors.
 Governor Blacks Argument.
 Mr. Back in opening discussed the power of the court to entertain the mo- tion and quoted a number of authorities to show that it had the power to do SO.
 MT. Black explained that the motion of the defendant was either to deny the indictment or give the defendant permis- sion to examine the minutes of the grand jury and allow the proposition to dis iss to stand the result of the examina- tion of the minutes. He asserted no legal evidence had been presented to the grand jury and recited the declarations of the Court of Appeals that Barnetts testimo- ny was not competent He insisted that if the indictment rested in whole or in part on Barnetts evidence it could not stand. He said that Molineaux had been sentenced to death on expert testi- mony.
 David B. HIIl Speaks.
 MT. Hill asserted the motion was a dilatory one and that a new trial having been ordered 1t should be proceeded with. He characterized the motion to examine the minutes as a fishing expedition.
 MT. Hill reviewed the evidence submitt- ed to the grand jury and of it said:
 "The motion was established poison was established: death was established; murder was established; crime was established"
 Commenting upon the deduction of the defense of the Court of Appeals declara- tion as to the admission of writings, MT. Hill said:
 All these murderers would have to do if you take their view of the decision would be to put something offensive in their letters and then the letters could be held as "prejudicial and could be ex- cluded."
 During his argument it was contended by MT. Hill that the court of appeals aftert he decision granting Molineaux a new trial had revised its original opinion, making several excisions in the text "In the first opinion of the court of appeals, which Justice Werner wrote, D said MT. Hill "it was held that forgery could not be proved as a motive for mur- der. When the court saw the blunder this was stricken out Justice Werner confused the Barnett letters Chose signed H. c. Barnett, with the Barnet evi- dence. In the first opinion the ruling was: "The Barnet letters should not have been received for any purpose IT the revised opinion this is stricken out " It is not known when the motion will ha daci5ad