Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1901-10-19
A NEW MOL|NEUy TRIAL.
Court Of Appeals Reverses Lower
Tribunals Judgment.
The II TRIAL COURT ERRED
.sFsga

Judges were All tor Reversal, But Divided
As To Admission Of he Garnet Evil
dence Prevailing Opinion Was
Written BY Judge Werner,
Albany. N. X. Oct. I6.--The court
OF appeals yesterday handed down q
| decision reversing the Judgment OF
conviction of murder OF the first de-
gree against Roland B. Molineux and
| granting him a new trial
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 ex-
purging OF the Barnet testimony. The
court gave out a condensed statement
of the reasons for granting the new
trial. It says:
Every member Of the court of APP
peals agrees for the reversal of the
Judgment of conviction of Molineux
on the ground that the trial court
erred In receiving In evidence the de-
clarations of Barnet. made to Drs.
Phillips and DougIess. that he had re-
ceived Kutnow powders through the
mail
"All agree that since the amend
ment OF section OF chapter 36 of the
laws OF 1880 by chapter 655 OF the
laws of 1888, genuine writings may
be received in evidence as standards
of comparison with disputed writ
ing, although such writing may not be
the issue on trial, but simply fact
relevant and material to that issue.
That the genuineness OF such writings
must be established to the satisfac-
ton of the court by common law EVIL
dence. and when that Is done hand
writing experts may compare the dis
thereon, but they cannot select and
establish the standards of comparison
and then compare them with the dis
puted writings"
The only subject about which the
members of the court differ in their
opinion relates to the testimony intro
duced tending to show that Molineux
IhuSCu tHG nCdth vi DAAbSt ~ ta3
same method as that used In taking
the life of Mrs Adams. Four of the
members of the court, O'Brien. Bart
lett, vann and Werner, agree that the
evidence should not have been re-
ceived, and the reason for 1t is stated
in the opinions written by O'Brien
and Werner. The other three judges,
| TDrv Hoiuht
j. j., hold that the evidence is ad-
MISSILE.
Case Shows Laws Delay.
This case exemplifies the laws de-
lay in striking manner Mrs. Kath-
erin j. Adams was killed by poison
in New York, December 2S, 1898, and
Roland b. Molineux. young society
man of Brooklyn. charged with the
crime, was arrested and his trial was
begun November IA. 1899. 1t was not
until the following February that he
was convicted OF murder of the first
degree, when a motion was made for
new trial. which was argued and re-
fused, Recorder Golf passing sentence
OF death by electricity. He was de-
Tended by the ablest lawyers OF New
York, including his distinguished
father, General MoIineux, an honored
Union veteran Roland Molineux has
been in Sing Sing Prison ever since
he was sentenced, and all that time
his case has been before the New
York court OF appeals. The justices
of that tribunal have had to glance
over nearly 1000 pages of testimony
and rulings in the case, and have
heard lengthy arguments. Thus far
the litigation has cost the state OF
New York about s125.o00, and General
Molineux has spent fortune In his
attempt TO save his son from the cleo
trio chair. The poison that killed
Mrs. Adams was package OF kut-
how powder sent by mail, by Roland
Burnham Mollneux. 1t was averred, to
the late Harry Cornish, at the Knick-
erbocker Athletic Club, December "a,
1898. He opened the package and
found what he thought to be bromide
settler, and he took 1t home. and
when Mrs. Adams complained of head
ache he gave her dose. She became
i'll at once and died in a short time.
Cornish and DIR. Hitchcock. who tasted
the stuff. were made ILL Upon chemi-
cal analysis the powder was found to
contain cyanide of mercury. Moli-
neux's quarrels with Cornish and his
knowledge of chemistry first directed
suspicion to Molineux. Another bottle
of the mixture was sent to Henry G..
Barnet, at the Knickerbocker Club.
and he died there from the effects OF
( the poison. His body was exhumed
and was found to contain an active
mineral poison like cyanide OF mer-
curry. The circumstantial evidence
against Molineux was strong, but the
experts led the lawyers into labyrinths
and mazes OF technically and would
have mystified the jury beyond meas
ure but for the clear and concise
charge OF Recorder Goff.