The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-03-13
The Molineux Case
Will Be Questioned.
LEGAL BATTLE.
The Change in the Nature
Of the Poison.

The trial of Roland B. Molineux
promises 10 be sensational case in the
true meaning of the word, and the case
will probably be the most notable in
legal sense of any that the country has
observed for many years.
Holland, the able correspondent of the
Ehtladelphia Press, in recent letter to
that paper, discussed some of the pc
eullar legal points that are likely to
arise as the case develops. A portion of
the article is appended:
The detectives. however, at last be-
lieved that they had discovered a motive
and while there is no public admission
OF this fact, yet the understanding is
that it is a motive which could enter
into the heart only of degenerates, and
that revenge at a certain attitude taken
by Cornish was sought when this bottle
of poison was sent to him.
As these facts have not come out in
any Investigation, it is premature. of
course, to speak of them. The grand
lpry, however, was persuaded that
there was a probable cause in the case
of Mohnsux and indicted him in the
first degree.
Now. suppose it be proven, as the
district attorney expects 10 prove, that
Molfneux did send the bottle of bromo
settler, which also contained deadly
drug. TO Cornish in the expectation that
Cornish would partake of the drug. be-
come Ill and die, the physicians pre-
Stunning that his illness was due TO
natural causes. The sensational ques-
irons that will arise viii be these: First.
was the giving Of q part of the con-
tents Of that bottle without knowledge
OF It's deadly nature to the landlady and
her consequent death, an act for which
the accused man should be held re-
Bponsible at least to the extent of hav-
ing committed capital offense,
Next was an unsupported change in
the nature of the poison which was first
put In that bromo settler and which
made the dose violent and swiftly
acupg drug something which would
tend to lesson the degree of the crime
charged.
These questions will certainly he
raised in the course of the trial. They
involve not only medical Jurisprudence
IN a new way, but also a certain phase
OF criminal Jurisprudence, which SO far
as Is known, has never been developed
In any trial for capital ofrense.
Inc death Of Mrs Adams, the land
lapy, was accidental, so far as those
VINO gave her the bromo settler are
concerned Cornish gave il to her but
mere seems 10 be no doubt but that he
oln so with kindness of heart. He had
taken orofno settler before. and SO had
she Tor Sick headache, and the drug
hao relieved their suffering. Upon no
theory, short of conspiracy \ hat,raa,
Cornish and the sender OF the d,T,o
can the death Of Mrs. Adams be nre,
sumed to be intentional
NeVertheless, 1t has been asserted
ana IS the contention of the district
attorney that although Molineux, If he
De the guilty man, did not know of the
NE Alslehce OF MRS. Adams and could have
hdu no malice in his heart for har.
nevertheless as he sent the drug yitb
Ielohlous intent, he is responsible FOR
her death, and Responsible as
ISlon committing the highest offapsa
me Iaw knows, excepting treason
IL VIII be claimed that Molinenx
S S@nJs peIore the law exactly as the
burglar does who, being surprised in
burglary fires pistol with intent 70
XIII the man who has surprised him IN
Inc act but whose bullet. instead 90
hitting the intended victim, strikes an
other person and kills him; or that Mol
lheaux before the law is in the same
pVsitlon Us man who aims pistol at
one person with intent to murder hin,
ont whose aim is poor and whose shof
klAs apother person, whom the muir
derer did not know, and whose deatb
he did not desire.
In other words, the law prestIn,es
malice when a person engaged fn com
hitting a felony also does an act which
he did not really intend to do
1t Is familiar principle of law ana
II would seem at first sight to be an
pbcabie to this case. But there are The
SraYest doubts whether il will be beid
applicable as a matter of law when the
highest court passes upon the question
as 1t undoubtedly will in case MolinenY
be convicted.
The facts are that Cornish received
the bottle Of bromo settler several davs
before he opened it. IT was in his hands
at least forty-eight hours after the mail
carrier delivered it to him. After that
lapse OF time he opened the bottle. took
from IL the amount customarily given
for the cure of sick headache, and IL
was this portion that caused the death
which led to the indictment of Molin-
eux.
IF Cornish, Immediately after re-
ceiving the bottle, had opened II and
given some Of its contents to Mrs.
Adams, the familiar principle OF the
law would undoubtedly apply in this
case, but II ie regarded here as a very
serious question whether, after several
days, during which this bottle was In
the exclusive possession Of Cornish.
that delay does not completely discon-
meet the giving OF the drug to Mrs.
Adams from the high felony Of which
Molineux is now accused.
Were the bottle directed TO Mrs.
Adams. and had she alone had access