New-York tribune., 1900-01-24
OSBORNE WINS HIS POINT.
MOLINEUX'S TESTIMONY BEFORE THE
CORONER READ TO THE JURY.

The whole of yesterdays hearing in the Moli-
neux trial taken up in bringing before the
jury the evidence given by the defendant before
the Coroner. The morning session was occupied
in deciding the question the admissibility
of the evidence, the Court finally ruling in favor
of the prosecution, while the entire afternoon
was devoted to reading 10 the jury the minutes
of Molineux's testimony at the inquest. Mr..
Weeks fought with all the force and vigor that |
in him against the introduction of this |
testimony and just stout fight for II was |
made by Mr.. Osborne. who was aware that by |
getting the minutes before the jury he would !
out of the defendants own mouth be able TO
strengthen vitally weak part in his case. So
far Mr.. Osborne had not produced any evidence
tending to establish motive for the defendants
alleged design upon Cornishs life. That def
cheney he made up for to great extent yester-
day afternoon when he read Molineux's own
evidence to the jury.
In that testimony MOlneux admitted that en-
nifty and bitterness existed between Cornish and
himself that Cornish had insulted him. had
hurled at him the most offensive epithet that
one man could apply TO another, and that he
had been unable physically to resent the oppro-
brium because Cornish a bigger and
stronger man than he 1t was also shown that
Cornish had taunted Molneux with the futihty
of his efforts to have him Cornish dlschargeo
from the Knickerbocker Athletic Club and Win
the fact that the bad feeling between the TWO
eliminated in the defendant himself leaving the
club.
,no.bar purnose of Mr. Osborne in pre-
sentInr Molineux's evidence to the jury was to
involve the defendant in contradictions he
succasded in showing that some OF the state
,rents made bv the defendant were at va
Rance with the evidence of witnesses who nave
haen called in the trial. He brought out the fact
also that Molineux when before the coroner
stated that he had recollection OF ever nav
ing used paper of the egg-blue trl-crescehl SUI
while it has since been conceded that the oe-
fendant wrote at least one letter upon TINS KIM
Of paper.
MIR WEEKS'S CONTENTION.
Realizing that the presentation of the minutes
In evidence would not he helpful to the interests
oP the defendant Mr.. Weeks used every possloie
legal device TO prevent their admission ne
contended that although not actually uncer ar
rest the authorities suspected Molineux and yet
compeIed him TO give evidence under a threat
of conmittal for contempt and without warn
inc him that whatever he said might be used
against him on his trial He declared that
Cornish who went the witness stand lh9
day before Molineux did, practically accused t-l0
defendant Of the murder OF Mrs. Adams ne
Dointed ont that the District Attorney stated
before the Coroner that he had conducted lhe
proceedings in pursuance OF a plan by wnlcn ne
succeeded in getting Molineux to supply spec1-
mems Of his handwriting. and laid before the
Court the circumstance that the Coroner refused
IN alloy NoIineux to be represented by counsel
These and other arguments he made in his e1-
fort TO prove the inadmssbty of Molineux's
evidence but without avail Recorder CON
finally ruled that the minutes could be read
When the trial was resumed yesterday morn
ing Coroner f. W. Hart was recalled Reply
ing 10 Mr. Weeks. the witness said that no legal
accusation had been made against the defend
ant prior TO February 10. 1899, when he testi-
fed at the inquest Mr.. Weeks thereupon asked
if any written or oral accusation had been made.
but both questions were excluded In various
other ways Mr.. Weeks sought 70 show that Cor
nish and others had made allegations against
Molineux but TO each question bearing upon
this matter Mr.. osborne objected. and each time
he was sustained. The Court also sustained
objection to Mr.. Weekss attempt TO prove that
Molineux was threatened with Committal for
contempt unless he obeyed the instructions Of
the Coroner 10 take the stand. The Coroner ad-
mitted that he had not warned the defendant
of his rights before compelling him to testify.
because. as the witness explained. no legal ac
cusation had been made against Molineux An
swering the Recorder. Coroner Hart said Moli-
neux was accompanied by Mr. Weeks. his coun-
sell but when Mr.. Weeks endeavored to show
that he had no standing as counsel in the Coro-
ner's court. his question was excluded.
Frederick A. Baker, a stenOgrapher, who took
down the shorthand notes of Cornsh's testi-
mony at the inquest, was next called. He was
examined by Mr.. Weeks. who began: "On the
9th of February did Mr.. Cornish testify as fol-
lows'-when he was interrupted by Mr.. Osborne.
who asked the Court to be allowed see both
the questions and answers upon which counsel
was interrogating before they We're brought TO
the knowledge Of the jury. Following a glance
at the records the Recorder sent for legal cfta-
tions the point at issue. In order probably
10 relieve the tedium Of the wait. Messrs Weeks
and Osborne began exchanging some Caustic
pleasantres 10 the annoyance of the Recorder.
who broke in sharply: VIII you gentlemen
please retire? The Court has this matter in
hand now
CORONER HART RECALLED.
After his research into precedents the Re
corder instructed Coroner Hart to take the stand