The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1901-10-16
new TRIAL GRANTED
Court Of Appeals Finds For
Molineux.
The JUDGES WERE UNANIMOUS
Held That Trial Court Erred In Re.
ceIvinw Barnet'H Declaration.
Error ON handwriting
Evidence Also.

Evidence Also.
ALBANY. Oct. 16.-Roland d. Mol.
neux gets new trial. The court of ap-
peals has handed down n decision re-
versing the judgment Of conviction of
murder In the first degree against him
and granting him new trial. For
months M0lineux has been in Sing
Sing prison awaiting death Mder sep
tsnce for the murder by poison of MRS.
Katherine J. Adams. This case wnsS
, argued before the court of appeals at
Buffalo on June IS, David b. Hill ask
ing the court to confirm the lower
courts conviction of MolineuX. while
John q. Milburn Of Buffalo appeared
for Molineux, arguing for new trial. .
All the members of the court favor
granting Molneux n new trial, the
opinion being written by Judge Werner
and being about $4,000 words long.
The gist of the findings of the court
as stated in the opinion follows:
EVERY member of the court Of ap-
peals agrees for the reversal Of the
Judgment of conviction of MoineuX
on the ground that the trial court erred
in receiving in evidence the declara
tons of Barnet, made to Drs Phillips
and Douglass. that he had received
Kutnow powders through the mail.
"All agree that since the amendment
of section . of chapter 81 of the laws
Of 1880 by chapter 555 of the laws of
1883 genuine writings may be received
in evidence as standards Of conpari-
son with disputed writing, although
such writing may not be the issue on
trial, but simply fact relevant and
material to that issue; that the genu-
ineness of such writings must he es-
tablished to the satisfaction of the
court by common law evidence, aud
when that Is done handwriting ex-
perts may compare the disputed writ
ings with the genuine writings and
give their opinion t"ercon. but they
cannot selcc, and establish the stand
ards Of comparison and then compare
them with the di.'pu'rd writing
IAN writings proved to the satisfac-
ton of the court by a preponderancc Of
evidence in civil cases and beyond a
reasonable doubt in criminal cases
first, by witnesses who saw the paper
written or to whom il had been ac-
knowledged: seroNd, by witnesses IA
miliar with the l:,'!w!tng of the per-
sun charged to be the writer and who
are able to testify from their familiari-
ty to belief respecting its genuine
ness; third, where the writing is shown
to have been recognized and arquipsced
in by the person supposed to have writ
ten II or adopted and acted upon by
him In his business transactions or
other concerns -may under the statute
be compared with the disputed writing
by witnesses. hut the court should re-
fuse to receive in evidence solely for
the purpose of comparison any writ
Ing otherwise prejudiciHl to defend
ant"
The only subject about which the
members Of the court differ in their
opinions relates to the testimony in
troduccd tending to show that Moli-
neux caused the death of Barnet by the
same method as that used in taking the
life Of Mrs Adams. Four of the men,
hers of the court. Judges Ol'rien. Bart
lett, Yam and Werner, agree that the
evidence should not have been recciv-
ed. and the reason for it is stated in
the opinions written by Judges O'Brien
and Werner.
The other three Judges, Chief Judge
PartAr, Gray and Haigllt. hold that
that evidence is admissible in that the
evidence in the Barnet ease pointing
toward MolinruX tends to identify him
as the person who killed Mrs. Adams
while attempting to take the life Of
Cornish by means Of that rare poison
known as cyanide of mercury, the
chief Judge and Judge Gray writing
opinions 10 that effect.
MolneuX was placed on trial before
Recorder John W. Gotf in part = of the
court Of general sessions ON Nov. 4,
1890. The trial lasted more than three
months. The verdict Of guilty was
rendered on Feb. H. 1900.
Two days later Molincux was sem
fenced to die in the electric chair ut
Sing Sing in the week beginning March
20, 1900. He was taken to the death
house at Sing Sing prison that same
day. A stay pending an appeal was
procured by Molineux's counsel at once.
,,I In, ,