Spirit of the age. [volume] (Woodstock, Vt.) 1845-1913, 1899-04-15
PERJURY.
Arrest Follows Attempt 10 Get
Important Witness Removed.
TWO GOvERNOaS DECEIVED.
Startling Development in MO!ineua-
Adams Murder AHatI-Case Must Go
Again to the Grand Jury Justice
Williams Opinion.


New York, April 13.-The attempt to
remove Nicholas \. Hickman. IL wit
n"ss in the MolineuX case, from the
jurisdiction OF the state. as frustrated
by the authorities here yesterday. In
Cidentally daring conspiracy was dis
covered, and A. $. Colyar, Jr., a lawyer
of Nashville. Is Il prisoner. He is
charged with conspiring to have Heck
man eXtradited to defeat the ends of
justice in the prosecution of MolineuX.
Hickman is the man who testified that
MolineuN had rented "a letter box from
him under the name of Barnet some
| weeks before the poisoning Of Mrs. Kate
j. Adams.
Some days ago the authorities here
were informed that requisition papers
would soon be sent here for the extradi-
tiOn of Hickman, who, 1t was asserted,
was p. +. Raymond. alias Williams.
alias Hickman, an escaped convict from
the Tennessee penitentiary.
a woman known az Blanche +.
Graham, and whose real name is said to
he Ida Cole. is alleged to have been
coached to swear that she knew Heck
man, and that under the name of Ray
mond he served two years in the pen
itentary Of that state.
The case had progressed 50 far that
Lawyer Colyer and Captain Casteen of
Nashville had come to New York to take
Hickman back with them. The papers
had already passed through the hands
Of both Governor Roosevelt and Gov
ernor Mcmillan OF Tennessee, both of
whom had been deceived by perjured
statements.
When Colonel Gardiner heard Of the
move to get his principal witness in the
MolineuX case away. he began an in
NcstigatiOn, and as result Lawyer Col
var was taken to police headquarters
yesterday morning. kept under sur
reilance all day, and finally locked up.
Colyar made admissions to Captain Nc
Clusky confirming the latters suspicion
that there was Il conspiracy to get Heck
man out of the state. HabcaS corpus
proceedings came up before Justice
Truax in the supreme court. with the
object of obtaining the release of Heck
man. and bringing out the details of the
alleged conspiracy.
The evidence taken was quite lengthy
and finally Hickman, in his own behalf,
sworc that he had never been in Ten
nessee. Justice TruaX discharged Heck
man from custody.
Colyar will remain i'm the custody of
Captain McClusky until Assistant Dis
trict Attorney Osborne is through with
him. Mr. Osborne announced that he
would hold COlyar as "a witness against
three persons in Tennessee who were
fnl with ha
At Watertown, last night. Justice
Williams dismissed the indictment
against Roland B. Molineux, charged
with sending poison to Harry Cornish,
which caused the death of Mrs. Adams,
on the ground that other than legal evil
Gence vas received and considered by
The grand jury. and directing that the
case be re-submitted to the grand jury
HOW sitting. or to the next grand jury
that shall sit in New York.
Judge Williams says: The minutes of
the grand jury show that evidence was
given by the witness Cornish which
would have not been permitted by the
court, relating to the relations between
himself and the defendant which was
only important on the question of motive
''lnasmuch as the evidence given be-
fore the coroner by the defendant ard
which was before the grand jury showed
that unfriendly relations existed le-
tween the parties it would not seem that
the evidence of Cornish which is obje tied
to could have had any material influence
with the grand jury. More serious
questions are raised by the calm made
Ivy the defendant that all evidence be-
fore the grand jury by handwriting ex-
perts. based upon comparison of the dis
puted handwriting with alleged genuine
handwriting of the defendant and genu-
inc handwriting, was Illegal and i'm
proper"
Justice Williams then discusses the
statutory provisions as to comparisons
of disputed handwritings and cites the
provisions of the act of 1880 as amended
by the act OF 1883. which provides under
! what circumstances comparisons Of
| handwrtings can be allowed. He calls
particular attention to the words which
allow IA compaI ison of a disputed writ
ing with any writing proved to the satis-
faction of the court to be genuine"
In this case the purpose of the proof
was to show that the defendant wrote
the addresses upon the poison package.
ne tHdl "dS q
tuted writing before the grand jury
within the meaning Of the statute, to wit,
the address upon the poisoned package.
Further, Justice Williams says on this
point: Il cannot believe the legislature
intended to limit the rule of evidence to
trials as distinguished from other legal
hearings where evidence is to be given.
can it be possible" continues the
judge, the legislature provided for a
species of evidence upon the trial of a
person for crime and yet intended to
prevent the usage of the same species be-
fore grand jury? 1t seems to me not.
This species OF evidence is coming to be
regarded as of greater value than the
evidence of persons who speak alone
from their own personal knowledge of the
handwriting of others. l do not refer
So much to the mere opinions of experts
based upon comparison as to the re sons
they may give for such opinion. In a
case like this, where some one has pre-
Jared bottle of poison and addressed
il to another and has deposited 1t In the
postoffice and death has resulted from
taking the poison, when the person pre-
pairing and sending the poison has done
this work where no human eye looked on
to see him do il, and when no compari-
son is made by anyone, 1t is of the ut
most Importance that there should, II
possible he an identification of the hand
writing of the address upon the poison
package"
Justice Williams holds that the exhibits
Of handwritings could not be used as
Justice Tempe red With Mercy.
r-,;on A,,jl .Lo yv.;.o.a