New-York tribune., 1902-10-29
ASKS COUNSEL TO DENY 1T.
MR.. wEEKs's REPLY TO JERoME'
CHALLENGE or PLOT CHARGE.
Juror PUTS A TELLING QUESTION TO A
HANDWRITING EXPERT AND SCORES
FOR THE DEFENCE.


challenged the counsel for the defence 10 say
on their honor that they were not responsible
for keeping Mary Melando and other witnesses
in Newark n J., away from jurisdiction Of the
court Turning 10 Barlow s. Weeks. Mr.. jerome
said:
IF you win give your word OF honor that
there is nothing in the charges made. that the
defence is responsible for the absence of thes.
witnesses, we viii drop il Immediately. You
have only TO say il 10 me or 10 Mr.. Osborne"
If Mr.. Weeks made any reply. it was inaudible
for the moment. One Of the reporters present
asked him if he had answered, and Mr.. Weeks
replied:
That's not fair question. The question has
never been put TO us"
Asked for a definite reply to the challenge OF
the District Attorney Mr. Weeks said:
4 have not done anything unprofessional or
dishonorabe. and I am not responsible for the
absence Of the witnesses"
Asked if he spoke for himself. for the charac-
Ter Of the defence or for both. Mr.. Weeks re-
piled:
u speak for myself and for all the counsel for
ahe defence"
Mr. Jerome told the reporters that on Monday
evening he went 10 Newark and saw the Gov
ernor and Attorney General Of New-Jersey. who
told him they would use their influence 10 have
the Newark police cooperate in efforts TO secure
the testimony Of the New-Jersey witnesses at
the Molineux trial Yesterday morning. he said,
he talked with William d. Guild. Police ComInis-
sioner of Newark who said he would send 10
this city any police officers whose testimony
might be desired. Commissioner Guild said he
would not come 10 this city 10 answer newspaper
charges that he had been keeping Mary Melando
away from the Molineux trial. because he did
not consider the charges worthy of refutation.
WAITING FOR EVIDENCE
Mr.. Jerome was asked if he would make public
fhe reports Of the detectives he sent TO Newark
He said he would not. Asked why. he said they
appeared TO prove the charge that counsel for
the defence was responsible for the action of the
witnesses. and that he did not care to make any
such charge upon the reports of detectives
If ] was acting for the defendant" Mr..
Jerome said, Il would do everything possible,
everything honorable that could be done. Keep
sng witnesses out of reach is going to a dishon-
orable length. dare not assume on the reports
OF detectives that the honorable counsel in this
case would take such step as I probing
and when / have the evidence I viii then make
a charge"
Mr. Jerome said that reports he had received
Uniformed him that Mary Melando was in a house
of poor reputation in Newark. and that many
of the Newark police know where she was
At the afternoon session of the Molineux trial
JACOB DeuDeTI or lne AnllCItnS society," LOOK
the stand and Mr Osborne told the court he
sntended 10 offer the testimony given at the
last trial by Mamie Melando and Joseph Far
relL a policeman of Newark.
Our papers show Mr.. Osborne said, that
these persons in Newark. and without the
Jurisdiction Of this court
we conceded that" put in Ex-Governor
Black
Mr.. Deubert." counsel said. turning to the
Melando?"
Several years" replied mr.. Deubert
Il object" interrupted Mr.. Black
u am within the statute" Mr.. Osborne re-
Piled. 'and I propose TO show that these wit
nesses are kept from this jurisdiction by the
defence. Your honor knows the decision Of the
Court OF Appeals
Il know nothing about IT," returned the court;
Submit the decision"
Mr.. Osborne handed up the book and District
Attorney Jerome addressed the court.
There are peculiar circumstances here" he
said, which ! do not believe snould be dis
oussed in the presence Of the jury
ARGUMENT ON READING MELANDo TEs-
TIMoNY.
Wait a minute" said the court. and Mr..
Jerome sat down while Justice Lambert started
40 read the decision referred 10 by Mr. Osborne.
saw Molineux outside Hsrtdegen's store about
o'clock the day the bottle holder was bought
Ae is a detective the Newark police force.
Mary Melando, who was employed at the
Hermann factory, was the first witness at the
former trial 10 connect Molineux with the blue
crescent paper.
bN-GoVernor Black argued that the testimony
al former witnesses may be read only in cases
OF the death or insanity Of the missing wit
nesses. In civil cases absence from the State
he said. Was also allowed for such presentation
of testimony Counsel read at some length a
decision that he oontended sustained his conten-
tion on the ground that no evidence can be ad-
1nitted unless the witness confronts the defend
ant and submits TO cross-examination.
Does your honor care TO hear me-" asked Mr.
osborne when Ex-Governor Black sat down.
Why certainly" said the court, II have
found authority as Vet
Mr. Osborne declared that the common law
provided another exception in the case Of a wit
ness kept from the jurisdiction by the defence
and ne argued that no defendant might profit bv
ms own wrongdoing. He contended that the
prosecution was able 10 show that the missing
witnesses Were under the influence OF the de-
sence' and offered TO withdraw his motion 10
read the testimony # he could not prove tbat
'act to the satisfaction OF the court
The Assistant District Attorney read the DE-
cisions OF the United States Supreme cour, Al
the Reynolds and Fish cases and areue6 +bs,
Justice Lambert had under those sec,sio,,s o,aar
authority 10 grant the request OF the nroseo,,-
tion.
Justice Lambert declined 10 render his 5ac,sio,
offhand. lie said he would announce his r,,,,n-
What's the