The sun., 1900-02-09
MR.. OSDORNE'S ARGUMENT
The District Attorney in Roland
B. MOlin 4uX's Case Re-
plies to Weeks.
THE CALLING OF CARVALH0
Speaker Declares That He Based His
Indictment Recommendation
Largely on That Experts
Evidence Before New
York Grand Jury.
THE CALLING OF CARVALHO

new 1ofk, req. o.-lHe Mollneu& triHi
was resumed before Recorder Golf in the
court of general sessions with Assistant
District Attorney Osborne summing up
for the people and demanding the de-
PENDANTS conviction.
81 have listened for two days." began
Mr.. Osborne, with much interest to Mr..
Weeks. His address was able. No bet
ter plea could have been made for this
defendant. But l want to state in gen
eral terms the difference between the po-
sition of counsel for the defense and the
position of the district attorney.
''The duty of the district attorney is to
find the truth. Common sense must
teach you this. He has no motive to put
a crime on any one in particular, to ac-
cuse any man of any crime that might
deprive that man of his liberty or of his
life. He cannot take any other position.
He would be dishonest if he did. The
lawyer for the defense has but one the
ory. AS soon as he has been retained
his whole business is to protect the inter-
est of his client. If he is honest, he must
live up to his retainer"
Mr. Osborne reiterated with emphasis
that had he found in the case evidence
that the defendant was innocent he
would move for a dismissal of the in
dictment, as he had hundreds of times as
lawyer. Then. turning toward Harry
Cornish, with finger leveled at him, Mr..
Osborne said impressively:
Zone of the most remarkable spectacles
that ever took place in a court of justice
you saw when Harry Cornish took the
stand before you and not once mentioned
the man who had the motive against him.
In the history of criminal law there new
er was such a spectacle as when Harry
Cornish. with his deadliest enemy facing
him, did not once mention his name in his
testimony. He did the same at the coro-
ner's hearing, and what was his reason?
No human being knew who had commit
ted that crime at that time. This de-
fendant. with his hatred of Harry Cor
nish, never talked Of Cornish except when
he went tc Ballantine and Sears and
John d. A1ams. And, If l had asked
Cornish what Molineux had said about
him to John d. Adams, Mr.. Weeks
would have objected, and your honor
would have sustained him."
Weeks Objects.
At this point Mr.. Weeks objected to
Mr.. Osborne's statements, on the ground
that they were not supported by testi-
mony and took an exception to Recorder
Goff's ruling. Mr.. Osborne ihen took up
certain questions that he asserted had
been suggested to Mr.. Weeks by Carval-
no in the experts battle and, leaning to-
ward the defense's expert, he said slow
ly:
"If ever have a client in a case where
handwriting expert is needed, l will
safely say, For Gods sake, get me Car
4 valho,' for never did a man show more
skill or direct Affairs with shrewdcr
hand than has CalValho."
The expert smiled, but Mr.. Weeks pro-
tested vigorously against such language.
The recorder took no notice of the pro-
test.
Mr.. Wects objected again when the
assistant district attorney advised him
that il was too late for him 10 swerye
from policy Of truth to advocate false
hood.
Mr.. Osborne suddenly reminded the
jury that Mr. Weeks had arraigncd him
for not having called Mr.. Carvalho to
the stand.
"He wanted" said Mr.. Osborne. turn
ing to Mr.. Weeks and grinning affably,
ito withdraw his accusation of me for
not having called Mr.. Carvalho. You
remember that | would not let him do
it. l was delighted that he had referred
to Mr. Carvalho in that way. He un-
Willingly gave himself away and put his
head in a halter. would not have had
that reference to Mr.. Carvalho with
drawn from the records of this case for
gold and precious stones. | want it to
stay there. Who called Mr.. Carvalho
before the grand jury? l did. l knew
that he was one of the ablest handwrt-
ing experts In the United States. based
my recommendation to the grand jury
that an indictment be found against this
defendant as much upon what Mr.. Car.
yalho said as upon the testimony of any
man we examined before the grand
jury"
Mr. Osborne went on to refer to Mr.
Carvalho as the Machiaveili among hand
writing experts, the shrewdest and most
careful of them all.