The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1901-10-30
NEW TRIAL FOR MOL|NEUX
Judges ofthe Court Of Appeals IMAM
imous in Their Decision.
IMPROPER EVIDENCE ADMITTED

Regarding Barnet is Incompetent -
Three Judges, However, Would Allow
Some OF This Evidence-Court Passes
on Question of Handwriting Exports.
Albany, N. Y.-Roland B. Mollneux,
since February 16, 1900, under SEN
tence of death for the killing Of Mrs.
Kate J. Adams, will have new trial.
! The Court Of Appeals has handed
down a decision reversing the judg-
ment Of the lower court. All the JUS
tices who heard the argument on ap-
peal agree on the finding, which Is
based on the admission of evidence
regarding Henry G. Barnet, although
the Court is not a unit as to how
much of this evidence was incompe-
tent.
The Court also refers to the rule re-
garding the admission of expert testi-
mony on handwriting, and the pre-
vailing opinion holds that none Of the
Barnet" letters should have been
used. Justices Parker, Haight and
Gray are those who concur in the re-
suit, but dissent as to some of the
points decided.
The prevailing opinion is written by
Justice Werner, of Rochester, his
principal ground for reversal being
that the lower court erred in admit
ting evidence as to another alleged
crime the death Of Barnet, and thus
merged two issues. Justices Bartlett,
Vann and O'Brien concurred in the
prevailing opinion, and for the ex'
punging Of the Barnet testimony
Justices Parker, Haight and Gray did
not believe that the Barnet evidence
should be kept entirely out Of the
case.
The Court gave out condensed
statement of the reasons for granting
the new trial. They say:
Every member of the Court Of Ap'
pcals agrees for the reversal of the
Judgment of conviction Of Molineux
on the ground that the trial court
erred in receiving in evidence the
declarations of Barnet made to Drs.
Phillips and Douglass, that he had
received Kutnow powders through
the mail.
"AIl agree that since the amend
ment of Section 2 Of Chapter 36 Of
the laws of 1880 by Chapter 555 Of
the laws of 1883, genuine writings
may 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
q 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 experts may compare
the disputed writings with the genu-
Inc writings and give their opinion
thereon, but they cannot select and
establish the standards Of comparison,
and then compare them with the dis
puted writings.
"Al writings proved to the satisfac-
ton Of the Court by preponderance
of evidence in civil cases, and beyond
reasonable doubt In criminal cases,
N by witnesses who saw the paper
written or to whom 1t 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 q belief respecting its genuineness.
(S where the writing is shown to
have been recognized and acquiesced
in by the person supposed to have
written 1t, or adopted and acted upon
by him in his business transactions
or other concerns, may, under the
statute, be compared with the dis
puted writing by witnesses. But the
Court should refuse to receive IN evil
dence solely for the purpose of COM
sarison any writing otherwise pre-
judicial to defendant.
"The only subject about which the
members of the Court differ In thelr
opinions, relates to the testimony IN
troduced tending to show that Moli-
neux caused the death OF Barnet Dy
the same method as that used IN TAX
Ing the life of Mrs. Adams. Four or
the members Of the Court, O'Brien,
Bartlett, Vann and Werner, agree that
the evidence should not have been re-
ceiyed. The other three Justices
Parker, Gray and Haight-hold that
that evidence Is admissible. IN that
the evidence in the Barnet case point
ing toward Molineux, tends to identi-
fy 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 writ
ing opinions to that effect"