New-York tribune., 1900-02-07
WEEKS MAKES NO DEFENCE
BEGINS TO SUM UP ON THE PROsECU-
TION'S CASE
ACCUSES CoRNIsH-HOLDs
THAT NOTHING HAS BEEN SHOWN TO
CONNECT MoLINEUx WITH
THE CRIME

THE CRIME.
The looked for sensation in the closing days OF
the trial Of Roland B. Molineux which the pros
ecution failed to develop, was sprung yesterday,
when Barlow S Weeks quietly announced that
the defence would call witnesses. To say that
Mr.. Weekss decision caused the utmost surprise
would be doing i'll justice to the looks Of amaze
ment with which he was regarded by Judge. jury
and every else who has followed the trial
from the outset. For a full moment dead still
ness pervaded the court The first thought in
every ones mind was that he had not heard Mr..
Weeks Alright, but when he gathered his papers
together and asked permission to sum up to
the jury from the District Attorneys table
there no longer any doubt,
When at the close of the days proceedings
comments were exchanged upon the action of
the defence, the general trend of opinion was
that while the step taken by Mr.. Weeks was
daring in the extreme, it a wise and
shrewd move. It obvtated all question as
TO the advisability Of putting Molineux on
the stand and went TO emphasize Mr.. Weeks's
contention that no case had been made out
against the defendant and that there was no
proof presented which it was necessary for him
to refute. Moreover, Mr.. Weeks personally is
confident that the jury will not convict the
evidence before them, and in any event. should
so many important exceptions that he entertains
little fear that appeal for trial would
rot be granted.
In a case Of such magnitude as this the
solve of the defence TO call no witnesses has
lad no precedent in late years While there
have, of course. been several small cases. such
as murders arising from saloon brawls and the
like, where any defence would have been futile
there have been no homicide trials of any i'm
ba1-a To fba
jury without any defence being put IN. In the
Carlyle Harris case witnesses were produced for
the defendant; Buchanan went the stand in
his behalf; in the Meyer trial testimony
was adduced in the effort to show that the vic
tim died from ptomaine poisoning. while.
trary to some reports which appeared yesterday,
several expert and lay witnesses were called for
Mrs Fleming. who was tried four years ago on
a charge of poisoning her mother.
THE DEFENDANT CHEERFUL
MoIineux's wife his mother and his father
were in court yesterday and remained through
out the days hearing. During the long delay
that occurred after recess before the Recorder
resumed his seat several persons approached
young Mrs. NIolineux with protestations of sym
pathy. but she did not encourage these atten-
tons MoIineux himself was in the happiest of
moods all day. and whatever doubts some people
may have as the outcome of the trial, it is
apparent that he has none
The probability is that the case will go
to the jury on Friday afternoon 1Tr. Weeks
does not expect 70 finish his argument before to-
night Mr.. Osborne is not likely TO take more
than a day for his reply which would permit
Recorder Gof beginning his charge to the jury
on Friday morning. Until yesterday the jury
were allowed to have their freedom, but just be
fore the recess the Recorder announced that the
trial had come to the stage where it in
cumbent upon him TO conhne the jury until
verdict had been reached. The great length of
time which the case had taken and the grave
issues which were at stake left the Court he
said no alternative but TO take this action
Quarters were provided for the jury at the As
tor House.
Mr. weeks's argument for the defence was an
eloquent and forcible effort Skifully he pro-
ceeded step by step to display defects in every
successive piece of testimony upon which the
prosecution built its case, and very convincingly
he contended that there not one syllable of
evidence or one scintilla of proof to connect the
defendant directly with the crime. The hand
writing experts he assailed with all the power
that was in him, remarking that if Moneux
wrote the address on the poison package the
jury would not need a trust of handwriting ex
perts who had been brought to this city at an
expense of $4,000 to convince them Of it. While
Mr.. Weeks asked the jury 10 bear in mind that
whatever he might say in considering the evil
dence should not be construed accusation
upon any one much that he said could bear
only inference, and that that to all
practical intents he was charging Cornish with
committing the crime for which MoIineux is
standing trial. He cited many instances where
in he maintained that the prosecution might
with justice have proved Cornish's connec-
tion with the murder. Mr.. Weeks also pointed
to many Inconsistencies and contradictions in
the testimony given by Cornish.
The latter was in court while Mr. Weeks was
attacking him thus mercilessly. but save for
constant working of the jaws which is habitual
with him. he gave signs Of the effect it was
having upon him.
Mr. Weeks began his case for the defence by
moving that Peoples Exhibit I Ghe diagnosis
blank) be stricken out The Recorder denied the
motion, but observed that the exhibit would be
used only TO trace physical description, and that
the jury should not allow the answers in the
exhibit TO prejudice their mirds Mr. Weeks
| next moved to compel the State to make known
| upon which of the six counts of the indictment
| they would rely. Mr.. Weeks described the vari-
GUS counts and said he could not proceed with
! the defence until he was apprised upon which
! count the prosecution would go on Mr.. Osborne
| protested that the law did not compel the prose
/ cution 70 elect upon which count II would rely
/ until both sides were in. The Court sustained
] his contention Upon the request of Mr. Os-
! borne the jury instructed to disregard ali
/ that part of Professor Frazer's testimony re-
! garding the microscopic measurements of the
| handwriting of the defendant while the Court
! upon it's own initiative. ordered the jury 10 dis
regard tkat part Of Rachel Greene's evidence
| which related TO the defendant having lived