The sun. (Wilmington, Del.) 1897-19??, 1901-06-19
.THE MOLlNEUX APPEAL
Milburn Continues His Plea For the
Prisoner.
CLAIMS TRIAL WAS UNFAIR
Declares That the Recorder wh"
Presided Acted as an Active
Participant on the side
Of the Prosecution.

the appeal in behalf of Roland p. MOI
ineux. under sentence of death as the
alleged poisoner of Mrs. Katherine ).
Adams. was resumed before the court
of appeals.
Attorney John G. Milburn for Moli-
neux began the day by taking up the
admission OF the Barnet case and as
sorting that there had been complete
failure to connect Molineux with tine
mailing Of the Kutnow powder TO BAT
net or any justification In the evidence
or facts to warrant the connection OF
the two cases. He submitted that the
Barnet evidence was all incompetent
and it's admission an error.
Mr.. AIilburn then passed to the hand-
writing phase Of the case and opened
the way to 1t by describing the various
exhibits Of penmanship in the case ana
telling the character of the expert tes-
timony. He contended that the test to
which Molineux was submitted by tx
pert Kinsley was not fair.
Mr.. Milburn ridiculed the science OF
handwriting experts and discussed NJ
length the law as to the comparison or
| written instruments and the admission
Of evidence relating to them. He claim
ed that the trial court had permitted
deviation from the statute and that
there had been various methods OF com
parison during the trial. AS result of
the entire mass of expert testimony. II
any portion Of it was improper the case
must fail
The Inquest Testimony.
Mr.. Milburn objected to the use OF
Moiineux's inquest testimony at the
trial without any testimony TO show
how II had been obtained. MolineuS
had been forced to take the stand un
der threat of contempt and compelled
4 to testify.
Recorder Golf, he said, resisted every
!, attempt to get the circumstances undel
which the testimony Of the defendan
had been obtained. Molineux should
have had chance to explain.
Il now approach another lmportan
phase of this case" said MIR. Milburn
"and | regret l have not more time
The defendant had not a fair trial
He had not fair trial because Of TIN
attitude of the district attorney an,
the attitude of the court. In the q
years | have been before your honor
! have never had reason TO complain o
trial judge. l approach this question
with feeling of regret, but l do 8
none the less freely
1.-THE recorder appeared in this cas-
from beginning to end as an active paI
He asked questions and cross examine
witnesses in behalf OF the state. Til
district attorney was allowed the wid
est latitude. and Mr.. Weeks was hel
to the strictest rule. Mr.. Weeks wa
declared unprofessional, yet the re,
ord of 5000 pages does not show tina
he acted ungentlemanly or improperl
in a single instance. The recorder col
stantly referred to Mr.. Weeks in an in
proper manner to discredit him befor
the jury"
Hill Begins His Address.
Mr. Hill then proceeded to explai
his connection with the case, speakin
Iioht otttIlS llltO III
case, he characterized the reference
Mr.. Milburn to the bravery of Generi
MolineuX as eXtraneous.
He then described the attitude of s.
ciety toward a poisoner and declare
that Mr.. Milburn had argued his cas-
us II before jury. He objected to IL
alleged insinuation of Mr. Milburn
, some improperly at the Adame hou,
and said:
II cannot see the use of the intr
. duction of that insinuation by couns
:, unless 1t is a good idea to put pin,
! of poison here and there"
. Reviewing the preliminary facts
! the case, Mr.. Fill vigorously defendt
!, Cornish and declared the guilt of Nc
. ineux. IF It was not Mollneux, II W,
nobody" declared Mr.. Hill.
Reviewing the facts OF the poisonin
Mr.. Hill declared that the actions
!. the members of the Adams househo
. We're quite natural He drew attentit
|, to the fact that the bottle holder W,
! bought at Newark, where Moline,
: worked. He defended Expert Kinsl,
. and expressed the belief that he cou
= convince the court that the people hi
right to prove the facts connects
/. with the death of H. G. Barnet.
>. In the latter connection he common
ed Recorder Golf for his caution in e
Guiding the name of Barnet In t
medical testimony. He defended t
80 policy Of the prosecution and the r,
II ings of the court as to the proof of t
In cause of Barnet's death. He tn
IL argued that there was a great simil,
v ity in the two cases and that the D,
is pie had a right to prove them both.
IN