The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-10-17
NEW TRIAL GRANTED
Molineux Given Another
Chance For Life.
Court Of Appeals Holds Lower Court Erred in
Admitting Evidence as TO Alleged
Murder Of Barnet
(By the Associated Press

Albany N. Y, Oct. 15.-The Court Of
Appeals today granted Roland b. Moli-
neux new trial.
Molneux was convicted of the murder
of Katherine ]. Adams in New York city,
and sentenced to death. The court grants
a new trial on a prevailing opinion writ
ten by Judge Werner of Rochester, his
principal ground being that the lower
court erred in admitting evidence as to
another alleged crime, the death of Bar
net, and thus merged two issues.
Justices Parker, Haight and Gray did
not believe that the Barnet evidence
should be kept entirely out of the case
Judges Werner Bartlett, Vann and
OBrien concurred in the prevailing opin-
ion and for the expunging of the Bar
net testimony.
The court gave out condensed state
ment of the reasons for granting the new
trial. 1t says:
Every member of the Court of Ap-
peals agrees for the reversal of the judg-
ment of conviction of Molineux on the
ground that the trial court erred in re-
ceiving in evidence the declarations of
Barnet made to Doctors Phillips and
Douglass that he had received kutnow
powders through the mail
'All agree that since the amendment
of section two of chapter SO of the laws
of 1880. by chapter sos of the laws of 1888
genuine writings may be received in evil
dence as standards of comparison with a
disputed writing, although such writing
may not be the issue on trial, but simply
a fact relevant and material to that is
sue. That the genuineness of such writ
ings must be established to the satisfac-
tion of the court by common law evil
dence, and when that is done handwrit-
ing experts may compare the disputed
writings with the genuine writings and
give their opinion thereon but they can
not select and establish the standards
Of comparison and then compare them
with the disputed writings.
"All writings proved to the satisfac-
ton of the court by preponderance of
evidence in civil cases, and beyond a rea-
sonable doubt in criminal cases: ID by
witnesses who saw the paper written
or to whom it had been acknowledged;
(2) by witnesses familiar with the hand
writing of the person charged to be writer
and who are able to testify from their
familiarity to belief respecting it's gen.
uineness; (3)) where a writing is shown
to have been recognized and acquiesced in
by the person supposed to have written it,
or admitted and acted upon by him in his
business transactions with other concerns
may under the statute be compared with
the disputed writing by witness. But the
court should refuse to receive in evidence
solely for the purpose of comparison any
writing otherwise prejudicial to the de-
PENDANT.
''The or'v subject about which the
members Of the court differ in their opin-
ion relates to the testimony introduced
intending 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 members of the court,
OBrien, Bartlett, Vann and Werner, agree
that the evidence should not have been
received, but reason for it is stated in
the opinions written by O'Brien and
Werner. The other three judges, Parker,
Oh. j., and Gray and Haight, ]. j., hold
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 life of Cornish
by means of that rare poison, known as
cyanide of mercury, the Chief Judge and
Judge Gray writing opinions to that eff
feet"