The sun. [volume] (New York [N.Y.]) 1833-1916, 1901-10-14
MOLINEUx DECISION TUESDAY.
the Opinion. written b, Judge werner.
! n Is Believed Grants n New Trial.

ALBANY. Oct. i3.-Thc mass Of legal
literature that will accompany the decision
Of the Court Of Appeals IA the Molineux
case IL about completed. and people may
expect n decision OF the court on Tuesday.
II cannot 10 expected that any now law
that will rcvolutionize criminal procedure
In this State will result from the decision.
II will. instead. bc a gathering together
~ important cases In this country. tho
Z correspondent Of THE SUS il crcdibly in
formed. such a. tho Molly Mcguire cases
In Pennsylvania. and other similar causes,
In witch circumstantinl evidcnoa had an
important part.
An opinion ~ great length Is 20 accom-
pany the decision. This opinion u written
by Judge William f.. Werner OF Rochester.
tho youngest member Of tho court. hut
n man of sober Judgment and great legal
ability. When the case wa argued in
Buffalo IT was noted In tho papers that
Judge Wern-t'- questions showed that
he gra.l.d tie case with unusual skill.
being able % iutclligently question tho
lawyers about intricate matters In the cvi-
demo. Tho logical outcome was that
judge Werner should b" selected to write
the opinion Of the court.
The general belief among law yers II that
MulincuN will g,' "a new trial While no
lawyers IN the city viii state their views
for publication. II Is bclicyed 10y the CORE
spondont Of 1HF SUN hat tie decision 81
J the court will Toe IN accordance with these
views. II H. expected that tic Barnet evil
! dcnCe will bc rulcd out uu IA" ground that
it, connection with IN" main affair IN not
shown. other evidence which wa intro
duC,d will bc declared Dy the court 90 have
| been error.
Somebody In this city who shoull I've we'll
| iifutu,i has said that the opinion u the
court. written hv judy" Werner. will tako
up a. many ~ 80 typ"~u't"n page \
great deal uf space will b" devoted - a his
tory 81 'lc case. A decision wa expected
last Tuesday. Then tho" were reports
that som" revision 81 opinions was required,
|. and It r. even said tina Judgo Werner spent
som" tim" examining 10" opinion written
by him 90 $3.50 that II clearly conformNi
with the expressed ideas Of a majority 81
the court
4 discerning opinion or two IL expected.
but. with IA" iu-ul1r C1-'- IN view. IN"
court will tnko pains 90 ~ that there l.
10 doubt about IA" attitude on this i'm
yor'nut pi",' - litigation. which l. de
ClIr'd To- includ" murn v"Ning problems
han any other criminal APPEAL IN this
State Tor hall a century
\. rumpr ohtGir"d circulation here 70
~" effect that Judg" Werner and his col
leagues. who have bs'u believed 60 favor
n now trial. Ind lpen out vot.si 10y thus" 90
contrary opinion upon ~. bench. and hat
th" convection would b. affirmed. with
Chief Judge Parker writing IA" prevailing
opinion IracNd 20 it, source this report
wa found 20 have com" from "a man Who
was irving 20 sell Information about IA"
cas-" 20 New York paI~r- He stoutly in
sisted. however. that his story was
straight
~" said that a week. ago there was no
douh' that tho court hid teen In favor ui
reversal. hut that on" memlsr 81 IN" court
had com" out hHt-npu'"d in opposition.
and that this had changed th" complexion
of thiug-
Persons familiar with the ~prucndur" II
M" Court - Appeals laugh AZ this story
and Sav fhl' 20" court docs ru' do thing
that way They ~ny that IN" Vim" siuc'
Monday ha- t--u sIrfut b. getting tbs
opinion Of tho court and the other opinions
IT, form for fling They Slv that the Mol
iu"uN parti~aus who arr confident OF q
new trial have no cause 90 fear.