The times. [volume] (Washington [D.C.]) 1897-1901, 1900-02-13
The MoIineux Cnse.

The mOltneuN thse.
while we are not prepared TO say that
the verdict of the New York jury in the
Moiineux case is universally disapproved,
il is quite certain that it has been a sur
prise. il not shock. to the country. There
are probably but few people compare
lively who did not at least expect a dis
agreement, while numbers looked conf
IDENTIFY for acquittal Public opinion in
the metropolis, where the circumstances
of the crime and Of the trial we're most
familiar to the public. and the persons
connected with the affair in both rela-
tions best known. is significantly exempli-
fed in the applause with which the con-
demned prisoner was hailed by the popu-
lace on his way from the court room to
his cell Such an expression OF popular
feeling has rarely before been exhibited
toward a man convicted of murder by
Jury of his peers in the history of New
York
Molineux's counsel will at once take his
case to the State Court of Appeals, and
az that tribunal, under the State Consti-
tuition. has full authority 10 review II alb
initio and to pass upon the facts as wen
as the law, it would not be astonishing IL
the verdict In the trial court were set
aside. and new trial ordered.
Many considerations conjoin to render
such action by the Court of Appeals a
strong probability. Leading members OF
the New York bar, as we are informed,
believe that II the result depended only
on the technical errors of the recorder
in admitting OF excluding evidence i'm
properly. or in showing bias In favor OF
one side or the other, the bill OF excep-
lions which the attorneys for the defence
will submit, would be sufficient to over
turn the verdict. But beyond this, 1t Is
very widely believed that the scandals OF
the trial. tending TO, IL not necessarily
producing. malversation of justice, will
materially affect the attitude OF the court
O, last resort.
Reviewing the history OF this celebrated
trial. which has been the longest and most
costly to the people In the judicial annals
of the Empire State, 1t may be said that,
while no doubt the jury were honest in
their conviction OF Molineux's guilt, 1t IS
tellieent citizens might have acted very
differently in the same jury box, and have
found 1t impossible in foro conscientiae
20 convict the defendant upon the evidence
presented by the prosecution. That con-
sisted almost entirely OF the. opinions OF
handwriting experts, the fallibility oil
which class OF professional witnesses has
beer proven SO frequently in other cases
that we think there is great excuse for the
public opinion that they are not to be
accorded much weight in the scale against
the lie OF a citizen.
In vital respects, such as the attempt to
connect Molneux with the purchase of the
silver holder which contained the poison
package when 1t was received by Cornish,
the prosecution not only failed but the
jeTelry clerk who sold the article sturdily
swore that It was not the prisoner, but a
man totally unlike who bought IL. Again.
the motive, which in judgment asked on
strictly circumstantial evidence should be
distinctly and conclIsively shown, and
shown to be sufficient to incite wicked
person 10 desire the death OF another, was
not proven apparently TO the satisfaction
OF anyone. the court and jury excepted.
As far as the record goes, the State sue
ceeded only in proving that there had been
bad blood between Molinnux and Cornish,
growing out of qusrrels over matters OF
administration In the athletic club with
which both were connected. Other things
which might have given a different aspect
10 their disagreement, have been limited at,
hrs DO word or inkling of them was in
trOd1ced in evidence.
II has not escaped general attention that
the presiding judge succeeded in bringing
out moro evidence calculated to convict
the prisoner than the district attor-
neg. In fact, 1t may be stated that the
success Of Recorder Goff in extracting
from the unwilling witness who formerly
had taken care of Molineux's rooms in
Newark. the discriminating Testimony abe
n,,aiiy gave as to the existence OF the
crescent paper" in his possession, Ind
greater effect upon the minds of the