The Portland daily press., 1900-02-12

value you believe 10 10 be entitled to.
life is Al stake, 1 would have ron examine
that testimony with care and .cAution,
and n the Question at fsus hangs merely
on that testimony, I would instrucs you
that 10 would be extremely dangerous 70
convict Of murder In the brst degree upon
that class Of testimony"
mitted and disputed writings and toid the
jury they had right TO disaeres WIN
all conclusions drawn ~ the experts
but must give weight 10 the facts point
cd out By them. He instanoed the divis.
Ion Of words and the speos between ~
and the ...s" In obliss and expl hned
that the Jury could see the division and
could not doubt 10 but that they are not
bound to believe the experts' conclusions
that the same hand made the same dlvfs-
ion on the different writings submitted.
Regarding the medical testimony, tbs
Recorder said II they believed DR.. Wit
thau., they must aocept his ttatement
In the Barnet remains. but that they were
not bound 70 accept his conclusion that
barnet died Of poison. The forve OF an
opinion upon Q hypothetical question. the
Recorder said. Iestsd upon the grounds
for the assumption Of the facts assumed.
% well az upon the integrity OF the wilt
mesa
"If the testimony given as to the dsath
of II. q. Barnet" said the Rscor der:
TENDS TO issd up 10 the Identification Of
Molineux, 10 IL material hut even IL you
are satisfied that Moltneux was respons-
ibls for tbs death Of barnet there 10 no
reason Why ySI ssosla ind ~ a,% so' sr 81
for the murder Of Mrs. Adams and ex-
cept % . means OF classification the In
oidents q the death Of barnet are NOS
The Recorder then took ND the requests
to charge put In by the counsel for tbs
d.fsnss. sifsy-;i. rsqusss wsse pi n dns
declined 10 charge upon ten Of them and
said he had already charged the others.
Most Of them relsted to the applicability
Of c!rcumstantial evidence or TO the rights
Of the defendant. or the additional re,
quests put In today, the Recorder declined
70 acoeds 70 mere than four. ons Of Of
tried BY the evidences In this case without
regard 10 che evidence In any other casa.
Others related TO the presumption CT In.
nocencs to which the ds PENDANT 10 entitled
and this right to the benefit Of every pos
sible doubt.
what constitutes . rsasosable doubs ana
told the jury 20 give the defendant the
benefit Of any doubt. lie reminded them
that 10 WAS not necessary In order TO
bring In . verdict Of murder In the first
degree, TO mud sny motive existing. he
told them that they were In possession 81
ali the facts that "an able and Industrial
persecution" had been able 10 secure.
and that they and they alone were to act
Recorder Goa concluded by begging
the Jury to let their oonscienc.s guide
them and to b careful that q dread CT
making mistake did not enervats them
from RETURNING the verdict dictated oy
their condolences. Absolute certainty OF
anything he DECLARED was not demanded
by the law. Moral certainty was suffio-
Wv hen you have pronounced your YER
dict to the best Of your Judgment" re
added, ''you viii have doEe Jour whole
duty. submit TIE care to you; H..
tie Noted an exception to the Recorders
refusal to obarse - re queste1.
Then before sending the jury to tfeir
elaboration, Recorder Gon remembered
that he had forgotten TO warn tie jury
that Moiireux's family ente:ed In no
This honored father Is not ON trial."
he said, In conclusion at Is Molineux
who 10 on trial. His station, money or
fri ends entitie him to no conside ration.
He Is entitled to fair and impartial
As tte jury was about to leave tire room
Tor the second tine, Recorder Con again
calIei them bAok and asked them II they
pr e,erTei TO 90 to lunch or INN etiately
take up the case. The jury at once de-
cided to 90 10 lunch and were departing
for the bus 10 10 to the Aston house,
when they decided that they would tsks
up the case. This was said partly to be
due to the frequent severe attacks OF
rheu matism from which Juror Brown
has been suffering. By taking mp the
case at onoe, they would finish sooner and
allow the Juror to get treatment again.
For seven hours, the crowd waited Tor
the verdict and 1t was then announced In
tbs manner already described. During
this tims Of waiting. District Attorney
Osborne, In tn king about the probahls
verdict In the Molinsux case, said' II
would not be disappointed II the verdict
we're for aoqu ittal for the sake Of the old
general
Mr.. Osborne. however, said t hat he
was fully convinced that the Jury wo uld
return verdict Of guilty.
The Jury came into the court room at
o O5 p.:m., for some Of the exhibits.
" brennan Martin asked for all the exhib-
Its Of handwriting and he said they
wanted specially the Cornish and Barnet
letters and the poison package wrapper:
Juror Number o, George Edgar, said
they wis he'd the prime exhibits also.
The exhibits were given to Foreman
Martin and the jurymen hled back TO the
room, having beer out but five minutes.
THE MJTRDER.