The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-02-11

Regarding the verdict Assistant District
Attorney Osborne said: "I am confident
that the verdict will stand. Upon the pre-
sentation Of the case as furnished me by
the police department there could not have
been any other verdict"
Barlow S. Weeks, Molineux's counsel,
would say nothing about the verdict.
Harry Cornish said: 'T do not see how
any twelve men could hear the evidence
given and render any other verdict. / can
not say anything else about the verdict
and furthermore will not"
The announcement of verdict of guilty
was received In the uptown districts and
about the clubs apparently with great sur
prise. Many of the club men seemed to be
staggered by the announcement and the
verdict was the main topic for discussion
for the night.
Harry s. Cornish was starter tonight
at the Knickerbocker Athletic Club games
in Madison Square Garden. He received
the news of the verdict by telephone.
1t Is said the trial has cost fully 10000
THE RECORDERS CHARGE.
The case was given to the jury at sos
o'clock this afternoon.
Court was late in convening this morning
and it was not until after IL o'clock that
Recorder Goff began his charge. Gen.
Molineux. with his wife and daughter-in-
law, had passed to their places before the
court room doors opened to the public. Gen.
Molineux looked in good health and spirits,
but both women showed signs OF having
PASSED a sleepless. fearful night
In opening his charge, Recorder Goff told
he iI1r hat ha rtr1ac Of 10 To Shar no
their Judgment. He said he would not COM
ment on the facts of the case. The pre-
sumption of innocence. he said. remains
| with the defendant until his guilt is proved
beyond q reasonable doubt.
Recorder Goff stopped in his charge and
asked Lawyer Weeks If he wished him to
Geine the various charges of manslaughter
| end murder. Mr.. Weeks answered that he
| did not-that it was murder in the first de-
| gree or nothing. Without defining the
| crimes of manslaughter and murder, Re-
ccrder Goff continued by saying: "You may
| find a verdict of murder in the first or Sec
| ond degree, but you must not use your
pcwe: capricio lsly."
The recorder went over the Indictment
and its several counts and then said: IF
you find that Molineux sent the poison he
| Is just as guilty as If Cornish had died in
| stead Of Mrs. Adams Did the defendant
| send the poison package to Cornish? Upon
| that controlling question the whole case
hangs. If he did not then all the other
| questions are disposed of. If you ere satis-
fled he did not. then you snail acquit'
AS to the testimony of the fourteen hand
writing experts called by the prosecution,
L ha ovda rasl
! perts is entitled to the same consideration
as the testimony of other witnesses. Ex-
| pert evidence is offered to aid the jury. Ex-
| pert evidence is competent as evidence to a
fact. In case Of an expert swearing to a
| fact which must necessarily be matter of
| opinion his evidence need not be taken as
fact, even If the integrity Of the witnesses
iE unimpeached. In case OF this character
| where life is at stake. would have you
examine that testimony with care and eau
tion, and If the question at issue hangs
merely on that testimony, I would instruct
you that 1t would be extremely dangerous
| to convict of murder in the first degree
| upon that class of testimony"
DISPUTED WRITINGS.
| The Recorder took up some of the adj
mitted and disputed writings and told the
jury they had a right to disagree with ell
the conclusions drawn by the experts but
must give weight to the facts pointed out
by them. 'Tf the testimony given as to
the death Of H. C. Barnet" said the Re-
corder, tends to lead up to the identifica-
tion of Molineux, 1T is material But If you
are satisfied that Molineux was responsible
for the death Nf Barnet that 1t is no rea.
son why you should find him guilty of the
death Of Mrs. Adams. He is on trial for
the murder Of Mrs. Adams and except as a
| means of Identification the incidents of the
death of Barnet are not material"
| When the recorder finished, at 2:15
| o'clock, Mr.. Battle arose at once and Motel
| ar exception to his refusal to charge as re.
/ quested.
Then, before sending the jury to their de.
liberations Recorder Goff remembered that
he had forgotten to warn the jury tha,
Molineux's father entered in no way into
the case. His honored father is not an
| trial." he said in conclusion 1T is Molin-
eux who is on trial. His station. money CT
friends entitle him to no consideration He
is entitled to fair and impartial trial.
AS the jury was about to leave the room
for the second time Recorder Goff again
| called them back and asked them If they
would go to lunch Immediately take uu
the case. The jury at once decided to "a
to lunch and were departing for the bus
| to go to the Astor House when they de-
cided that they would take I'D the case
| This was said to be due partly to the fire.
Quent severe attacks Of rheumatism from
| which Juror Brown has been suffering. By
doing so they would finish sooner and al.
| low the juror to get treatment again.
| AT o'clock Assistant District ATTORNEY
Osborne. In talking about the probable ver-
dict, said: 'T would not be greatly disap-
/ pointed IL the verdict were for acquittal
for the sake Of the old general"
The Molineux jury came into the court
| room at sos p. m. for some of the exhibits
| Foreman Martin asked for all the exhibits
Of handwriting, and he said they wanted
| specially the Cornish and Barnet letters
and the poison package wrappers. Juror
! No. g., George Edgar. said they wished
the prime exhibits also. The exhibits were
given to the foreman, Martin. and the jury
men filed back to the room. This was
| their last appearance until they came in
| with the verdict, a few minutes before II