New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-01-23
BARNET'S DEATH AGAIN.
DIR. HENRY T. LOOMS THINKS HE
DIED FROM POISON.
PROSECUTION WANTS TO USE MoLINEUX's
TESTIMONY BEFORE THE CORONER
AGAINST HIM NOW


himself almost entirely to the effort OF fastening
upon Roland B. Molineux the responsibility for
II. G. Barnets death. Actually Molineux is on
trial for the killing Of Mrs Katherine J. Adams
but except for occasional casual mention of the
names of the dead woman and of Cornish the real
issue of the trial in the last fortnight has been
tirely lost sight Of Unable to adduce adequate
motive for any design upon Cornish's life by the
defendant, Mr. Osborne set out with the purpose
Of propping up this particular weakness in his
by showing that Molineux had strong in
centives TO bring harm upon Barnet The theory
he has suggested to the jury is that Mrs. Adams
and Barnet were both victims of and the
same posoner, and that If he show motive
in ii is unnecessary for him to prove
motive in the other. In the endeavor to establish
the presumption Mr. Osborne has been allowed
20 put witness after witness on the stand whose
testimony has not touched upon the question Of
motive, but has been in the nature Of directly
accusing the defendant OF the murder of
Barnet
The same procedure was repeated yesterday
Last week DR.. Henry Beaman Douglass who
attended Barnet in his last illness, swore posi-
lively that his patient died from heart failure
following diphtherIa With a view TO controvert-
ing this testimony Mr.. Osborne called three ply
scians yesterday, and submitting TO them a
hypothetical question embracing some of the
symptoms exhibited by Barnet asked their
opinion OF the cause Of death. In each instance
the medical experts readily answered that Bar
net had died from mercurial poisoning, but in
his REORGANIZATION Mr.. Weeks made it clear
that the Assistant District Attorney had omitted
several salient symptoms from his question,
and succeeded also in drawing from the wit
nesses admissions tending to qualify considerably
the opinion they formed upon the hypothesis put
together by the prosecution.
OSBORNE PROMISES AGAIN.
Mr. Osborne promised last night that he would
assuredly complete his case to-day. He said
that the only matter of Importance that he now
had TO present to the jury was the reading OF
the minutes Of the testimony given by Molineux
before the Coroner. Mr.. Weeks fought stoutly
against the admission of these minutes. on the
contention that Molineux practically under
accusation when he testified and that therefore
statements made by the defendant at the in
quest could not now be used as evidence against
him. Mr. Osborne struggled just persistently
to obtain permission to read the minutes and
put Coroner Hart, his clerk and Detective Ser
geant McCaferty on the, stand to show that on
the date Molineux testified at the inquest he
was not under arrest had he been formally
charged with the murder. For nearly an hour
the battle between the two counsel was con-
tinued, and at the adjournment of the court
the Recorder had not given his decision.
Mr.. Osbornes object in wishing to place Moli-
neux's testimony before the jury is to show
that the defendants statements do not agree
with the evidence of the witnesses who have
been called by the prosecution, and to utilize
them in involving Molineux in contradictions
should he take the stand in his behalf
DR. Henry T. LOOMS the first witness
called yesterday. He said he had been present
at the exhumation of and autopsy on Barnets
body, and described the condition in which he
found the internal organs Of the body They
were, he said in a good state Of preservation.
All the tissues of the throat were removed and,
he stated no signs of diphtheretic germs were
found. He added that he would expect to find
traces Of diphtheria at the end of three months
if the body fairly well preserved.
Mr. Osborne then put to the witness his
hypothetical question. The question assumed
only some of the symptoms displayed by Barnet
and closed by asking if two cultures had been
made from the membrane of the throat with
no evidence showing Of diphtheretic germs, what
would the witness judge the Of
death. The question was promptly objected to
by Mr.. Weeks who said 1t had not been prop
erly formed. Mr. Osborne thereupon proceeded
to point out to DR.. Loomis various details pur-
porting to be founded DR.. DougIass's evil
dence. but again Mr.. Weeks objected and
showed that DR.. Douglass had never made the
statements attributed to him.
Mr. Osborne was compelled to turn back to the
minutes for DR.. Douglass's testimony and oc-
cupied so much time in doing so that he was
reproved by the Recorder, who said that the
question should have been properly prepared.
osBoRNEs QUESTION
Finally Mr.. Osborne asked:
Assuming that on October g. 1885, H. c. Barnet
took dose o:. q powder which has been shown to
physician; assuming that in two days he at
that on the 18th he had risen with sore throat
Of doing so; assuming that he taken with
stomafitis was found in the mouth with an i la
hammation Of the throat which attending physi-
ehce Of Rad aPb SP h and h alt
on the 10Th he died; that the attending physician
De cardiac failure following diphtheria that an
analysis OF the organs of the body showed evil
4ences OF cyanogen IN the liver and mercury in the
ksldneys and brain; that competent pathologist
Snlnaton OF the body; that the attending physician
mace two cultures Of the exudation IN the throat
what IN your opinion was the cause Of death?
Mr.. Weeks objected that the hypothetical
question had not been in accordance with the
evidence and mentioned that on October 30 the
patient had been up and about; that the two
cultures were made at the same time and early
in the inception of the disease: that the exuda-
ton unilateral, and that Barnet was treated
with anIitoxin and the emulation disappeared in
RESPONSE that Mr.. Osborne had made a mis-
statement In saying that the nnercural stomatitis
was present az first, when it really did not show
till November 4, and that he had not stated
that treatment for the elimination of mercury
was given; that the patient was in state Of con-
valescence and that the patient had been in the
bathroom for fifteen minutes shortly before his
death. after being repeatedly warned not to