Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1900-02-15

heard in every portion Of tho court room.
lie started with an absolutely coorl, SIS
recital. bringing out the events mentioned
in the testimony in their chronological Sc
qucnCc not as they were given rom the
witness stand and without a word of
comment As there had been no tcsti-
monY for the defence, save only the read
ing of extracts from MolineuS's testimony
before the coroner, offered by Mr. sborne
to show motive, the recital made repe-
tition of the prosecution. No partisan OF
MolincuX could complain that II was un-
fair. but the allegations grouped anew
brought fresh misery to the wife and
mother. The elder woman's lips quivered
with emotion. but her eyes remained dry
The recorder. in giving the definition Of
murder. said he assumed from Barlow s.
Wees summing mp that it was unneCes-
sary for him to define mansldughter, as,
If Molneux were held responsible for Mrs
katherine j. Adams death, the crime
must BE- of a greater degree than man
slaughter If Mr.. Weeks concurrcd he
would define only murder in the first and
second degree.
eve do not desire murder in the second
degree cried Mr. Weeks, jumping to his
feet 1T is murder in the first degree or
nothing"
Mrs Blanche MolineuX bowed her head
over her husbands hands as the recorder
gave the usual definitions. Murder in the
first degree includes prcmcditation' II IN
the designing to kill one person ano'her
death is caused the criinc comes Wllllt.
this category For murder in the second
degree there must be design to XII. out no
deliberate prcm,dtation. If MoliucuN
tried TO kill Harry s Cornish. and did XIII
Mrs. Adams. The fact that Cornish sun
lives should not enter into consideration.
Tho 18th Juror was deeply Interested in
.fnt nj "a OF a -
itv quoted by the recorder. and requested
him to rorcad It. He had heard it, but
he wished to hear it again, SO as TO fully
gather it's import.
Recorder Goff gave extracts from the
decision in the case of Carlyle Harris. lie
explained that where the evidence is cir
cumstanual every fact must be consistent
only with the guilt of defendant To
warrant conviction. He urged that no at
tcntpn should be paid to the thoughtlcss
opinions of persons speaking OF matters
OF which they are substantially ignorant.
He praised Mr.. Osborne as an industrious
sltilful and able prosecutor.
MolineuX's fate was row in the hands Of
the jurymen, who had listened with in-
tense interest to every word uttered from
the bench, and some of whom had from
time to time interrupted the recorder with
questions The recorder asked the jurors
whether they would enter Immediately
that they would consider the case at once
and after a squad of court officers had
been sworn to watch the l. men good and
true during their deliberations they were
led from the room.
Recorder Con ordered that the defend
ant be taken to the Tombs. and. after AN
affecting farewell with his relatives, he
was led away by a court officer
4 1t Was % minutes after o'clock when
Recorder Gon left the court room aud the
jury began the formau consideration Of the
case. a fact that some regarded as sig
niticant was that the jurors did not take
any of the exhibits or photographs with
them when they retired.
"A verdict" "A verdict was the muir
muir IN the court corridors when, after
nearly six hours of delibera zion. the 4
men emerged from the jury room at fly g
minutes after o'clock in the evening.
These subdued EXPLANATIONS were pre-
mature however, as the jury had been UNI
able to agree and was seeking further
light. There was rumor from somewher'
that the jury stood nine for acqulttal to
three for conviction.
During the late afternoon ana early
evening hours after the jury had gone out
the crowd sat about or walked in the
corridors. 1t shifted constantly. Asst
Dist.-Atty. Osborne made rather a start
ling announcement in talking over the
matter. He had said he believed fully that
the jury would find the defendant guilty
He said he had done his best in present
ing the case. but as he thought of Cen
Moincux he said: II would not be greatly
disappointed if the verdict We're for ac-
quttal for the sake OF the old general"
The remark was taken as an indication
that MI Osborne was hedging. He sai(
Il little more about his respect for old Gen
NolincuX. and then he said that II the
jury were going over the handwriting eX-
pert testimony he was inclined to tninl
that the more the jurymen discussed il
the less they would be inclined to heiev,
in it. He thought the jury would look al
it that way, saying that if it did not ap
peal to them at once it possibly would not
with discussion.
Mr.. Battle was confident and said thai
the longer the jury was out the NOR,
hopciGl it appeared. Mr Weeks was very
confident. He said they were intelligent
men. He thought they were going over
heir analysis OF the case. Each juryman
he said, had followed the case closely anc
had his views. He wished to state hi.
hypothesis and conclusions to the others
and the other iurYmen listened for III,
sake of giving their Views aftcrward.
The jury came into the court room
shortly after Q o'clock for some of the eX
hits. Foreman Martin asked for all The
exhibits of handwriting, saying III,
wanted especially the Cornish and Barne
letters and the poison package wrapper
juror No. e, George Edgar said the,
wished for the prime exhibits also. TIT
recorder said: Take them all. but pr
them back in the same order they were
in when they were given TO you"
Foreman Martin took tho exhibits ant
the jurymen filed back to the room, hav
ing been out five minutes.
Tn" JUICY returned "A verdict OF murder il
l1l tts- Glt st snp ~ nol. 10,