The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1901-10-16
His Services Already Engaged
for Next Trial of Roland B.
MoIineux in Conjunction with
Present Counsel
GOOD NEWS WAS
KEPT FROM PRISONER
Condensed Synopsis Of Prevail
ing Opinion Under Which New
Trial Was Granted to Defend
ant - Barnet Testimony Was
Not Admissible

New York, Oct. 15.-Ex-Gov. Frank
S. Black has been retained as senior
counsel to defend Molineux at his next
trial, in conjunction with his present
counsel, Weeks, Battle & Marshall.
Up to o'clock this evening Molineux
had not been informed that he has
been granted a new trial. General
Molineux reached Ossining early in the
evening, but 1t was then too late for
him to go to the prison, because the
| doors close for the night at $50 O'CLOCK
| Warden Johnson adhered to his de-
| cisIon not to disclose the news to the
| prisoner until officially notified fror0
| Albany. On being asked II he would
| allow Gen. Molineux, or his wife, or
Mrs. r. B. Molineux TO tell the prison
| err the news, the warden replied that II
| the members Of his family sought an
/ Interview with the young man they
| were entitled to It, ard If they told
him II wouli be their privilege
Albany N. ", oct. 15.-rhe Court OK
| Appeals has granted Roland B. Mol-
neux new trial.
Molineux was convicted Of the muir
| der of Katherine ]. Adams in New
York city and sentenced TO be electro
cuted The court grants a new trial
on a prevailing opinion written by
Judge Werner Of Rochester. his prin-
cipal ground being that the lower
court erred in admitting evidence as to
another alleged crime, the death OF
Barnet, and this merged two issues.
Justices Parker, Haight and Gray
did not believe that the Barnet evil
dence should be kept entirely out OF
the case.
Judges Werner, Bartlett, Vann and
O'Brien concurred in the prevailing
opinion and for the expurging OF the
Barnet testimony.
Some of the salient points OF the pre-
vailing opinion are;
If the case has been tried upon the
theory that only crime which the de-
PENDANT had committed was the killing
of Mrs. Adams in the attempt to pol
son Cornish the next and final step In
the case of the prosecution would have
been to prove the defendants connec-
ton with the handwriting Of the adj
dress upon the poison package.
But as part of theory or theories up
on which the prosecution sought TO con-
meet the defendant with the killing OF
Mrs. Adams evidence was offered to
show that the defendant was respon-
sible for the previous killing Of one
Henry C. Barnet, who came to his
UeaIn at LDE hilifhtIbOShNA fAeAhNs+N
Club House on the 10th day OF No
vember, 1898.
The general rule Of evidence applica-
BILE to criminal trials is that the state
cannot prove against a defendant any
crime not alleged In the indictment.
either as a foundation for separate
punishment or as aiding proofs that he
is guilty OF the crime charged.
This rule, so universally recognized
and so firmly established In all Eng
llsh speaking lands, is rooted in that
Jealous, regard for the liberty Of the
individual which has distinguished our
Jurisprudence from all others, at least
since the birth Of the Magma Charta.
What was the motive assigned for
the defendants alleged attempt to XIII
Cornish? Hatred engendered by quar-
rels between them. IN which Barnet
took no part, and Of which, so tar as
the records show, he had no knowledge.
What was the motive which Is said 10
have moved the defendant TO Kill Bar
net? jealousy caused by the latters
intervention in the love affair OF the
former. The mere statement Of these
two motives sufices TO show that they
have no relation to each other and that
the evidence which tends to prove the
killing of Barnet throws no light upon
the motive which actuated the attempt
upon the life OF Cornish. SO apparent,
indeed. is this diversity Of motive In
the two cases, that the learned coun-