The Savannah morning news., 1901-10-16
HOPE FOR MOLINEUX
.o,,nr OF APPEALS GRANTS HIM A
wv NEW TRIAL.
THE HANDWRITING EXPERTS.
.,.ur ALLOWED TO SET UP THEIR
OWN STANDARD.

.sThe barnet Evidence
ND Not Have Been Admitted
rour Members of the Court,
-,.,,o Three others Hold the Con-
trary View.
,rnorv n. Y, Oct. 15.-The Court
= Arneals to-day granted Roland b.
,IoI,neux a new trial.
1o1ineux was convicted of the muir
dor of Katherine j. Adams In Ne"
Work City. and sentenced to death. The
oo,rt grants a new trial on a prevail
tsa oninion written by Judge Werner
- Rochester. his principal ground be-
,.r that the lower court erred in ad-
r,itting evidence as to another alleged
crime the death of Barnet, and thus
merged two issues.
Justices Parker, Haight and Gray ala
NOT believe that the Barnet evidence
should be kept entirely out OF the case.
1nstices Werner, Bartlett, Vann and
OBrien concurred in the prevailing
oninion. and for the expunging OF the
Barnet testimony.
The court gave out condensed
statement of the reasons for granting
the new trial. 1t says:
Where the Trial Court Erred.
Every member of the Court of Ap-
meals agrees for the reversal OF the
Judgment of conviction of MolineuX on
tbe ground that the trial court erred
in receiving in evidence the declara-
tions of Barnet made to Drs. Phillips
and Douglass that he had received
Kutnow powders through the mails.
IAN agree that since the amend
ment of section two of chapter thirty
six of the laws of 1880 by chapter 800
of the laws of 1888, genuine writings
NAV be received in evidence as stand
ards of comparison with a disputed
writing, 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 satisfaction
of the court by common law evidence,
and when that is done handwriting eX-
perts may compare the disputed WRIT
ings with the genuine writings ana
i give their opinion thereon, but they
81 ards of comparison and. then compass
them with the disputed writings.
What Writings May Be Used.
Fl "A writings proved to the satisrac-
q tion OF the court by a preponderance
Of evidence in civil cases and beyond
reasonable doubt in criminal cases,
% by witnesses who saw the paper
written or to whom it had been ac-
knowledged; (2) by witnesses familiar
with the handwriting of the person
charged to be the writer and who are
able to testify from their familiarity
TO belief respecting its genuineness;
90 where the writing is shown to
have been recognized and acquiesced
in by the person supposed to have writ
ten it, or adopted and acted upon by
him, in his business transactions or
II other concerns. may under the statute
be compared with the disputed writing
by witnesses. But the courts had re-
fused to receive in evidence solely for
the purpose of comparison any writing
otherwise prejudicial to the defendant"
Differ ns to Barnet Case.
The only subject about which the
members of the court differ in their
opinions relates to the testimony intro
duced tending to show that Molineux
caused the death of Barnet by the same
method as that used in taking the life
OF Mrs. Adams. Four of the MEM
ners of the court, OBrien, Bartlett,
vann and Werner, agree that the evil
dence should not have been received,
ana the reason for it is stated in the
opinions written by O'Brien and Wern-
er. The other three judges, Parker
chlef justice, Gray and Haight, JUS
uces' hold that evidence is admissible
IN mat the evidence in the Barnet case
Polhtlng toward Molineux tends to
1ehtty him as the person who killed
MRS. Adams while attempting to take
the lie of Cornish by means of that
rare poison, known as syanide of mer-
Jury the chief justice and Justice
"idy writing opinions to that effect.
The Majority Opinion.
Regarding the admission of the tes-
uhony regarding the Barnet case, the
majority opinion says:
=. the case has been tried upon the
ssneory that the only crime which the
uelendant had committed was the kill
ing OF Mrs. Adams in the attempt to
bo'son Cornish, the next and final step
~ tle case OF the prosecution would
nave peen to prove the defendants con-
nssguon with the handwriting of the
'uIIess upon the poison package.
put as part of the theory or the
-, upon winch the prosecution
SsUuBht to connect the defendant with
, me killing of Mrs. Adams. evidence
tt aS oHered and received, to show that
ue detndant was responsible for the
4 net "a 0iie hANiii' -
me general rule of evidence appli-
aoe 10 criminal trials is that the state
iIIol prove against defendant any
eitbas ibple not alleged in the indictment
rner as a foundation for a separate
n,LaalShment, or as aiding the proofs
'a1 'T. ne is guilty of the crime charged.
N. "ndt was the motive assigned for
ueiendants alleged attempt to kill
rsi. UIsh Hatred engendered by quar-
No oelWeen them in which Barnet took
re.t' part and of which, so far as the
WI SHOWS, he had no knowledge.
hs,1' was the motive which is said to
ne,2 moved the defendant to kill Bar
jealousy caused by the latter's
forr1 vHtlon In the love affair of the
two u Ihe mere statement of these
havo "ouNes sufflces to show that they
that M No relation to each other, and
the i,WT, evidence which tends to prove
upon t.Ihs OF Barnet throws no light
atten,rt motive which actuated the
upon the life of Cornish"
r ''meS Entirely Separate.
.ae court says further.
ed sSuming Barnet Ia have beer xiii
oe.,9S The defendant. the crime has its
Ttt separate motive. intent ana nlan
CHI w. equally true m the cyir,s
far, s1u IN the Indictment The mere
as 10 ,at the two crimes are parallel
'he methods and means empioyed