New-York tribune., 1901-10-16
EXCEPTIONS TO THE RULE.

AS TO MOTIVE-What was the motive assigned
Hatred. engendered by quarrels between them in
which , Barnet Barnet took no part; and of which so far
was The motive which is said TO have moved the
atters intervention in the love affair OF the former
The mere statement Of these two motives suffices
and that the evidence which tends 10 prove the
killing Of Barnet throws light upon the motive
which actuated the attempt upon the life of Cor
nish So apparent indeed. is this diversity of
motive IN the two cases that the learned counsel
for the People. upon the argument herein. aban-
doned the claim that there anything in
ate single motive of the alleged forgeries by
the defendant of the names Of Barnet and Cornish.
CI CII course no lnterences can be drawn from these
alleged forgeries without assuming that the Bar
ceived in evidence and proven to have been written
ny the defendant We will. therefore. assume
that they were written by the defendant. and that
the use of each Of these names Is there ANYTHING
In any Of the Barnet letters which sheds ray Of
10 kill Cornish? Not a word. Is the fact of
forgery sufficient TO establish motive for the
forger alleged attempt TO Kill the man whose
ma name ne had forged? II so we are at loss 70
Barnet letters, which does not also inhere in the
foad Cornsh letter. the Barnet letters were
bore no intrinsic evidence of motive against the
Ii will thus be seen that under no hypothess upon
assumption the Barnet letters be held to
tempt to kin Cornish that is not also to be found
al about the the letters is 4e has 6 All be aa e
dence relating TO the alleged killing Of Barnet
I IL IL
motive behind it. it contributes nothing TO the sub
AS 10 TNTENT@The Intent aserlbed to the de
to xii Cornish This T is precisely W the same as
though he had succeeded in committing the par
ki b. and in the attempt kills G the Crime COM no
mitted is no less a murder than It would have
10 encompass the death of Cornish cyanide of
kept on sale in places where strychnine. arsenic
and other poisons are sold. 1t was disguised in
much used remedy for headaches and other trifng
human ills. The bottle containg this mixture was
contained nothing but the harmless bromo-setzer.
Seen innocently done? could proof Of env T number
of repettions Of this act add anything the con-
e e s ods cana 6e pSssb Toof G5 %
the of such irrefragable indicia of murderous
commission of other similar crimes to establish
Throughout the length and breadth OF the testi-
rony relating TO the death of Barnet there is not
apon the intent with which the poison was sent to
Cornish. or which serves 10 support or strengthen
from the evidence tending to show that the de-
fendant sent the poison TO Cornish
IT WAS NOT ACCIDENTAL.
AS TO ACCIDENT AND NOT INTENT.-rhe
The analysis OF the contents of the bromo-seItzer
bottle the glass from which viii n, & portion thereof was
point unerringy to the swift and terrible agent OF
mall on the eve Of that great holiday when the
spirit OF generosity and goodwill pervades the
are forgotten: when dstTust and suspicion are al
nature. was TINS poison sent by mistake or acci-
dent? Are not utter deprayity venomous malig-
stamped upon every fact and Circumstances con-
sonallng and transparent crminality IL could ever
oe traneoms crimes 10 anticipate the impossibIe
utabIe logic of fact and circumstance that estab-