New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-01-17
OSBORNE GAINS A POINT.
srccEEps N HAVING BARNETs CARD
AND PHOTOGRAPH ADMITTED.
TITS WAS AFTER THE RECORDER HAD
OWEN 7rzAT THE TESTIMONY WAS IR-
ELEvANr-CoUNsEL REBUKED.


RrLEvANT-CoUNsEL REBUKED.
vbus the prosecution established yesterday
+hs+ Poland B. Molineux IN December last
o.ua5 AZ No 1920 Broadway and made in
r,-ses as 10 the facilities for receiving mail at
F,s+ address II was made equally clear that
,Fo1,neux was not the who actually hired
the private letter box there week later. 1t
rs az No 1920 Broadway that a box
rented by an individual calling himself H. Cor
rish" and in that name letters and samples Of
nrorrietary remedies were addressed to the
Mace Joseph J. Koch, the owner Of the store
was put on the stand and related that man
whom he had since identified as the defendant
called upon him between December u and II
and questioned him as TO the possibility Of hir-
ing letter box. After stating that his inquiries
were on behalf Of a friend MoliEeux the wit
ness said. went away, but week later another
man visited the store and took a private letter
box giving his name as H. Cornish" Koch
described the appearance Of this man, and said
he had seen a person resembling him when he
appeared before the July Grand Jury. Mr.. o.
borne did not attempt 10 further elucidate the
identity Of the man in question.
Koch's evidence developed the important point
thst however much the prosecutions handwrit-
ing experts are of the opinion that the defend
ant wrote the Cornish letters. he was at least
tain remedies sent in response TO those
letters. The defence viii undoubtedly make the
most OF this point, and as regards that part Of
Koch's testimony which relates to Molineux the
defence is likely TO assert that he is not alto
gether q disinterested witness, for the reason
that he admitted selling the knowledge he had
obtained 10 two newspapers for the sum of $3.50.
BARNETs CARD AND PHOTOGRAPH
Mr.. Osborne endeavored again yesterday to
submit direct evidence proving that H. c. Barnet
was the caller upon Miss Blanche Chesebrough
at the West End-ave. house. Although the Re
corder ruled that the question Of motive in the
Barnet matter had no relevancy on the issue of
the trial for the killing Of Mrs Adams. the As
sistant District Attorney persisted in trying to
have his evidence admitted. His pertinacity Gull
minated in what is called scene" So dscred-
liable was the incident that the Recorder stated
that the trial was degenerating into farce and
threatened counsel on both sides with punish
ment. Strangely enough. however the Recorder
in the face Of his earlier ruling upon the utter
immateriality Of the evidence, permitted Mr..
Osborne 70 put in for Identification the exhibits
which he had so strenuously fought TO have re-
ceived as evidence These exhibits were a pho
tograph and the visiting card of the caller upon
Miss Chesebrough- No secrecy was made Of the
fact that both the photograph and card were
Barnets
ANOTHER HANDWRITING EXPERT.
Albert S. Osborne. the handwriting expert from
Rochester, was called for cross-examination
when the trial was resumed yesterday morning.
He told Mr.. Weeks that he expected to receive
the usual fee Of $50 day and expenses. In an
swer to further questions from Mr.. Weeks the
witness said that he could not remember ex-
actly how many times he had testified as an ex-
pert. He had never been contradicted in his tes-
expert whose name he could not remember was
produced by the other side. In the case in ques-
ton Mr.. Osborne said he was positive the other
expert was wrong. He was asked If he attached
Importance to figures in identifying a disputed
handwriting The witness said that he did, and
that Molineux's figures were marked for the
same pecuiarities which existed in the speci-
mems Of handwriting in dispute Mr.. Weeks tried
70 confuse the witness on this point by reading
from his testimony before the Coroner's jury,
in which he said that figures. as general thing.
we're OF little or no use for purposes of identtfi
cation. Mr.. Osborne said that he was misunder-
stood in his former testimony What he in
tended 10 convey, he said, was that figures can
be relied upon in making a positive determine
ton only when they are in conjunction with
handwriting by the same person.
Andre Bustanoby. the superintendent Of the
Knickerbocker Athletic Club, testified that ne
kinds Of goods 10 No PSI West Seventy-ffth-
ST. He also identified G champagne glass found
az the address as being similar to those used
at the Knickerbocker Athletic Club 1t was at
this address that the prosecution charges that
the defendant lived with Miss Chesebrough
prior 20 their marriage. The bills which were
made out for the merchandise and paid by
Molneux were submitted and marked for iden-
tihcatiou-
THREATENS TO SUPPRESS THE LAWYERS
Then Minnie Belts, the colored servant girl
employed ct No. 257 West End-ave where
Miss Chesebrough went 10 live after leaving
seventy-ffth-st, was recalled Mr. Osborne
handed her visiting card and asked If it was
the same she had received from the man who
ca4eo upon Miss Chesebrough. She said il was
but when she was asked If she knew the name
on the card Mr.. Weeks objected and was sus-
tanned.
Thereupon Mr.. Osborne placed a photograph
IN the hands Of the witness and asked her If il
was the picture Of the from whom she re-
celved the card. Again Mr.. Weeks's objection
was sustained
By as many and devious legal arts as he could
employ, MI Osborne tried to have the exhibits
5-l--L.eo' Whlcn would enable him to identify
5Srnet as Miss Chesebrough's visitor but Mr.
weeks succeeded in thwarting him at every
OSBORNE exclaimed:
Then how am to identify the man? How
can identify any human being unless can
identify him by his acton 7 cIs,n1 +ba+ 1I Sa
a man cans on q lady and gives her his visit
name" 40 N ~ 14I'
The Recorder ordered the remarks n ba
sIIlcAen ron the records whereupon Mr.. Weeks
rIrsfoT ia Lhey should remain A breezy dis
S-ss4on spfang Up between counsel which was
men. eOufAii4s Oo'n
II this case cannot be carried on with gravity
and quiet" he said, then Won r,i,t- O. iI
close the doors OF the court OF iustjce -
49, oG Ge. 70 your Honors remarks" MI