The Washington times., 1901-10-16
THE MOLIEBUX DECISION.
Court Agrees as to the Admission
of Improper Evidence.
Testimony Regarding Bnrnet's
Death and the Disputed Letters
BnsIS of New TriuI-Two Cpin-
ions Prcparcd-TiiStory of the Case.


New York City. was granted today by
the Court Of AyVeals. he lons-JNpCCted
decision was handed down by the court
at , O'Clock thi, afternoon. All Of the
seven judges agreed thgt Aiolin7uE should
have now trial ou the ground that tha
trial court erred in receiving in evidence
the declarations Of Barnet, made 10 his
physicians. that he had received kUtnow
powders through the mails.
Mrs Adams died on December 2S, 1893
after taking what was supposed 10 be
bronlo seltzer. but which turned out 70
Rave been cyanide Cf mercury. The bTomo
settler bottle and It's contents had been
sent through the mails to Harry 5. Corn
ish, a friend of Mrs. Adams. The evidence
upon the trial tended to show that the
bottle and poison were sent to Cornish by
Molineux.
At the trial evidence was also admitted
to show that Henry c. Barnet who was
@ member of the knickerbocker Athletic
Club with MolineuX and Cornish, who
had died a month before the death of
Mrs. Adams, died from the effects of
taking poison sent through the mails. On
the trial it was sought to show that Moli-
neux had sent the poison in each case
though this evidence was brought in only
Adams death.
The court granted a new trial in
lengthy opinion written by Judge WeT-
ner of Rochester. the principal ground
being that Recorder Goh erred in admit
ting evidence as to another alleged
crime-the Barnet poisoning-in IN en-
deavor to prove MoiinouX responsible
ity for Mrs. Adams death. Judges Bart
lett, Vann, and O'Brien concur in Judge
Werner's majority opinion, excluding the
Barnet evidence. while Judge O Brien
also writes an opinion along similar lines.
The other judges agreed that the cNi-
dence tending to show that Moiineux
caused the death Of Barnet b. the same
method as that used in taking the lie
of Mrs Adams should not have been Ie-
ceived
Chief Judge Parker and Judges Gray
and Haight hold, On the other hand. that
that evidence is admissible in that the
evidence in the Barnet case pointing to-
ward Molineux tends TO identify him as
the person who killed Mrs. Adams while
attempting to take the lie of Cornish.
The Chief Judge and Judge GRAY write
opinions to this effect This was une only
point in the case upon which the court
differed.
Regarding the evidence of the handwrit-
ing experts, all the judges agreed that
under the law. as amended in 1888. genuine
writings may be received in evidence as
standards Of comparison with disputed
writing although such writings may not
be the issue on trial. but simply fact
material to that issue: that the genuine
ness Of such writings must he established
to the satisfaction of the court by common
law evidence. and wlC3 that is done hand
writing experts may compare the disputed
writings With the genuine writings and
give their opinions thereon, but they can
not select and establish the standards Of
comparison and then compare these with
the disputed writings. It is stated:
IAN writings proved to be genuine to
the satisfaction of the court by n prepon-
derance of evidence in civil cases and be
yond a reasonable doubt in criminal cases
~ by witnesses who saw the paper writ
ten or to whom it had been acknowledged;
% by witnesses familiar with the hand
writing Of the person charged to be the
writer. and who are able to testify from
their familiarity to a belief respecting is
genuineness; G. where the writing is
shown TO have been recognized and ac-
quiesced IN by the person supposed TO
have written it, or adopted and acted upon
by him in his business transactions or
other concerns. may under the statute be I
compared with the disputed writing by 4
witnesses. But the court should refuse 10 /
receive in evidence solely for the purpose |
Of comparison any writing prejudicial to
q defendant
These were the only two points Of mo- /
ment passed on by the Court Of Appeals.
For instance, as IL had ordered a new
trial and thrown out Ia the Barnet eyi- /
dence. the court said it was unnecessary |
at this time to pass upon the actions OF |
the district attorney or recorder at the !
trial or 10 determine whether the verdict I
of guilty was justified by the evidence. |
The opinion written by Judge Werner |
embraces seventy-fivc ty-pewritten pages. |
25,6eo words and is The longest |
brief opinion by far that ever was issued
from the Court Of Appeals bencn. The |
other three opinions we're short ones.
The remittitur in the case will be sent
by express tomorrow, according to the |
usual custom, TO New York City for
filing.
in Judge Werner's opinion the court
reviewed at great length the circum-
stances surrounding MoIineux's trial and |
conviction and the deaths OF Mrs. Adams |
and Mr.. Barnet, and says:
Tt viii b. observed that II the case mad |
been tried upon the theory that the only |
crime which the defendant had committed |
was the killing Of Mrs. Adams in the at |
tempt to poison Cornish, the next and |
hnal step in the case Of the prosecution |
would have been 10 prove the defendants /
connection with the handwriting Of the |
ADDRESS upon thepoison package. But. as a |
party Of the theory ortheories upon which (
the prosecution sought to connect the |
defendant with the killing OF Mrs Adams. |
evidence was offered and received 10 show
that the defendant was responsible for |
The previous killing Of one Henry G.. Bar
nett, who came 20 his death At the Knic,l- |
s5ocker Athletic Clubhouse on the I0,h |
day OF November. lsgs.
las has been disclosed by- the state
slent Of facts, evidence was received on /
tho trial tending to connect tho defendant |
with the felonioUs killing of Barnett for |
the purpose Of proving his guilt Of The |
crime Of poisoning Mrs, Adams, which Is
the offence charged in the Indictment
The general rule Of evidence applicable
70 criminal trials is that the State can
not prove against q defendant any crime I
not alleged in the Indictment, either as q
ioundation for separate punishment o.
as aiding the proofs that he r. guilty Of
the crime charged. This rule, 50 uniycr-
sally recognized and so firmly established
In all English-speaking lands. is roo.ca
on that Jealous regard for the liberty O..
the Individual which has disHugllsheH
our Jurisprudence from all Others, at
least. since the birth Of Magma Chart.
1T Is the product Of that same humsrr
and enlightened public spirit which
L. HH..sr