The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1899-04-14
DECISION RENDERED IN
THE ADAMS POISONING CASE,
Indictment Against MoliucuX Set Aside
and the tase Ordered Resubmitted
TO the Grand Jury

NEW YORK. April i3-ln his decision
setting aside the indictment against Ru-
land u. Mullneux. charged with the MUIR
der ~ Mrs katherine J. Adams Judge
Pardon n, Williams says IN almost evsry
case evidence is given which any court
would exclude II present 10 pass upon
the competency thereof hut /, would be
an unreasonable rule which would re-
qulre the court to discharge every iu-
dictmeu, where legal evidence was given
before the grand jury. aud If the legal
evidence was such that. disregarding the
improper evidence, an indictment would
sun have been found, then the court
should permit the indictment TO stand.
Taking up the question of the hand
writing. he says that In this case the
most important matter is TO ascertain
who wrote the address on the package
containing the poison, lie holds that
the comparison ut handwritings may he
used before grand jury and is COM
prteut evidence the same as though It
was before court The exhibits which
We're practically conceded 20 be Moliu-
cux's handwriting, including the speci-
mems he wrote ftr the district attorney,
were properly received ana were COM
ptieut evidence,
lie then takes up the second series
OF exhibits the letters signed Cornish
and Barnet They were certainly dis
putcd handwritiugs, and no evidence was
given as to them being the genuine writ
ing Of the defendant, except by compar-
lson with the standard already received
the first series of the exhibits, the con-
ccded writing of MolneuN. Such proof
VI the second series have been made,
they were received as exhibits by the
Jury. Then both series were used by The
expert witnesses as standards. for COM
parison with the disputed address on tne
poisoned package, ana this later was
then received 1t is alleged that the sec
ond series, the letters signed Cornish
and Barnet were improperly before
the grand jury,
Judge Williams holds that they would
not be used as standards for comparison
because they were themselves disputed
writings and only proved by comparisons,
lie a,so holds that they We're not COM
petent and proper for any other purpose
than as standards for COMPARISON Of
handwriting, and that they were not ma
teral ON any other issue
Judge Williams mentions that there
was no proof given that the cornish
exhibits were sent or received through
the mail. IL such evidence had been
given it might be held that they were
competent on the question of motive AS
showing the relations between the de-
fendant and Cornish" that the def,ni-
ant had assumed his name and forged his
name to letters and SO forth, but proof
was not made for any such theories,
The barnet letters We're immaterial
upon any such issue of the case, The
death of Mrs Adams and Barnet II
murders. the Judge holds were separa"
and distinct crimes, and If both were
committed by the same person, still the
proof of the crime cou,d not be given
upon the trial of the other.
These exhibits could only be used as
standards of comparison Of handwrit-
Ing and they could not be made stand
ards under the statute by the kind Q
proof given. In addition to this the aiat.
ter contained in the exhibits was such
as would Almost certainly influence the