The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-10-18
,MoLINEUx GRANTED NEW TRIAL
Because of Admission or Evidence as to
the Murder of Barnet

Albany, n. Y, October 1.-THE court
of appeals today granted Roland b.
Molineux a new trial.
Molineux was convicted of the muir
der of Katharine J.. Adams in New
York city and sentenced 10 death. The
court rants a new trial on a prevail
ing opinion written by Judge Werner,
of Rochester, his principal ground be-
ing that the lower court erred In ad-
hitting evidence as TO another alleged
crime. the death of Barnet, 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
O'Brien concurred in the prevailing
opinion and for the expunging OF tho
Barnet testimony.
The court gave out n condensed tate
men of the reasons for granting the
new trial. Ii says:
Every membe of the court of ap-
peals agrees for the reversal Of the
judgement of conviction OF Molineux.
on the ground that the trial court err
ed in receiving in evidence the dec
larations of Barnet made 10 Drs. Phil
ipps and Douglass that he had received
kutnow powders through the mail.
"All agree that since the amendment
u otSliol w VI SIdpltE Do Vi the laws
of 1880 by Chapter 555 OF the laws OF
1883 genuine writing may be received
in evidence 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 issue; that the g-enuineness- of
such writing must be established to
the satisfaction of the court by COM
NOR law evidence and when that is
lone handwriting experts may compare
the disputed writings with the genuine
writings and give their opinion there
on. but they cannot select and estab-
nSh the standards of comparison and
then compare them with the disputed
writings.
All writings proved to the satisfac-
ton of the court by a preponderance OF
evidence in civil cases, and beyond a
reasonable doubt in criminal cases. Oh
by witnesses who saw the paper writ
ten or to whom IL a been acknowl-
edged: () by witnesses familiar with
the handwriting of the person charged
10 De the writer and who are able TO
testify from their familiarity to a be-
lief respecting its genuiness: CD where
the writing is shown to have been rec
ognlZed and asquiesced in by the per-
son supposed to have written it. or
and acted upon by him. in his
business transactions or other concerns.
may under the statute be mpare
with the disputed writing by witnesses:
put the cour should refuse to receive
III evidence solely for the purpose Of
COMPARISON any writing otherwise pre-
judicial to the defendant.
The only subject about which tha
members OF the court differ in their
opinions related 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 tifa
OF Mrs Adams. Four Of the
OF the court, O'Brien, Barnett. yann
ana werner. agree that the evidence
should not have been received and the
reason Tor IL is stated in the Opinions
"ritIen py oBrien n Werner. The
ice. n Gray and Haight. il. hold
mat the evidence is admissible in that
.he evidence in the Barnet case point
ing toward AolineuT tends to fdenfffv
hln as the person who killed Mrs Al
ans while attempting TO take the life
Oh cornish by means of that rare
POISON. known as syanfde of merc,.rv
the chief justice and Justice GRAY writ.
ing opinions TO that effect"
Up 10 8 o'clock this evening MoIineux
mao not been informed tina he had been
granted a new trial. General MoIiner,-
reached Ossinins early in the evening
put IL was n too late for him to go
10 the prison. as the doors close for the
hignt at $50 o'clock. Warden Johnson
refused TO disclose the news to the
until officially notified from
Albany.
Former Governor Frank 6. R1ack
mas been retained as senior counsel To
defend Molineux at his next trial in
conjunction with his present counsel
weeks. Battle and Marshall