New-York tribune., 1901-10-17
PREPARING FOR MOLINEUX
TONES WARDEN GETTING HIS OLD CELL
READY-EvIDENCE THAT WILL BE
EXCLUDED ON SECOND TRIAL.
EXCLUDED ON SECOr


Counsel for Roland B. Molineux in this city said
yesterday afternoon that they had not received a
copy of the decision of the Court of Appeals grant
ing new trial for their client, and they had not
heen able to take the steps necessary to secure
MoIineux's transfer from Sing Sing back to the
Tombs. Not having a copy of the decision before
them. they said they did not feel like making any
comments the decision explaining any parts
of 1t that might seem cloudy to persons not well
acquainted with legal phraseology.
Mr. Weeks was asked If attempt would be
made to secure Molineux's release bail pending
another trial. and he replied that he could not tell
He had opinion to offer. he said, as TO when
the next trial of MolineuX would be called. When
AR. Weeks asked to what evidence al
lowed on the former trial of Molineux would be
kept out the second trial under the decision OF
the Court of Appeals, ne said that all the docu-
ments and testimony tending to connect MolineuX
with the Barnet case would be kept out. and all
documents which the prosecution might want to
introduce for the purpose of comparing handwrt-
ing when such documents would he otherwise
prejudicial to the defendant.
Assistant District Attorney James w. Osborne
Yesterday declined to discuss in any way the de-
cision of the Court of Appeals in granting new
trial To Molneux District Attorney Philbin said
that he prepared to discuss the case, as he
had not had time to study the decision. More
he said. the case one that had been tried
before he came into office and therefore he was
not as familiar with it he would be il 1t had
come up under his administration.
When asked to the probability Of Molineux
being put trial again, Mr. Philbin said that he
could not give any intimation as to a decision
which he had not yet reached. He said that he
would have to study the and consult Recorder
Cioff and Mr.. Osborne before he would whether
not he would bring MolineuX to trial again.
It understood yesterday by persons who
IN position 10 know that Molneux would he
brought to trial again speedily, and that Assistant
District Attorney Osborne would again prosecute
the case.
Warden Hagan and Deputv Warden FIynu were
busy yesterday making preparations in the Tombs
for the reception of MolineuX his return from
Sing Sins. The cell formerly occupied by Molineux
will be reserved for him. II is cell No . in Muir
derer's Row on the second tier. The preparations
consist of careful renovation of the cell furniture
whitewashng of the walls, a general cleaning UP
and the introduction OF some of the special
rangements which Monneux had for his comfort
formerly His reclining chair brought back,
and the candlesticR which his father gave him to
help to read by was placed on the table
Albany, Oct 1s-The remitttur Of the Court of
Appeals in the NToneux was sent to-day by
William II. Shankland. the clerk of that court to
the clerk Of the Court of Special Sessions in New
York County. The remitttur contains the decision
OF the court; and will form the basis of the order
for MolineuX's transfer from Sing Sing 10 New
York.