The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-10-15
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NEW TRIAL FOR MOLINEUX
The Court Of Appeals Acts Favor
ably in His Case.

Decision Handed Down in Albany
This AfternOOn-Every Member Of
the Tribunal Agrees to the Rever-
sal OF JUdEmcnt-Thc Findings.
ALBANY. Oct 15-At . O'Clock this att
ernoon the Court OF Appeals handed down
a decision, reversing the Judgment OF con-
yiction Of murder in the first degree
against Roland B. MoIaeux. OF New York
city, and granting him a new trial
For months NoIiuegx has been in Sing
Sing prison awaiting eIectr0cution under
sentence FOR the murder by poison Of Mrs.
Katherine :. Adams This case was ar
gued before the Court OF Appeals at Buff
falo on June D. David B. HHI asking the
court to affirm the lower courts convIc-
tiOa Of Molineux. while John C. NIlburn,
Of Buffalo. appeared for Aioiiueux. argu-
ing for a new trial
All the members Of the court favor
granting Molineux a new trial. the opln-
ion being written by Judge Werner and
being about $500 words long
The gist Of the findings Of the court. as
stated in the opinion. follows,
Every member Of the Court Of Appeals
agrees FOR the reversal II the judgment Of
conviction OF MoInCUx on the ground
that the trial court erred in receiving in
evidence the declarations Of Barnet. made
e. brS- Phillips and Douglass that he had
received KirECw powders through the
mails.
All agree that since the amendment o.
section Of chapter xzxvi OF the laws of
lN>'. by chapt,s div of the laws OF 1888.
genuine writings may De- received in evil
denee as standards Of comparison with a
disputed writing. although such writing
may not Dc the issue on trial. but simply
a fact relevant and material To that issue:
that the EeEuineness or such writings
must De established 20 the satisfaction OF
the court hy comaon-law evidence. and
when that Is done handwriting experts
may compare the disputed writing with
the genuine writing. and give opinion
Thereof but they cannot select and es-
tablisI the standards Of comparison and
then compare them with the disputed
writing
All writings proved to the satisfaction
Of the court By prepOnderance OF evil
dence 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 handwriting
Of the person charged 70 be the writer.
and who are able 20 testify from their IA
miliarity to a belief respecting its genu-
ineness- 90 where the writing is shown
10 have been recognized and acquiesced
in by the person supposed 20 have writ
ten il. or adopted and acted upon by him
In his business transactions or other con
Germs may. under the statute. be compar-
ed with the disputed writing by witnesses.
But the court should refuse 10 receive
in evidence. solely for the purpose OF
comparison, any writing otherwise preju-
diciaI 10 the defendant
Judge Werner wrote the principal opin-
ion The only subject upon which the
members Of the court differ IN their opin-
sons related TO the testimony introduced
tending to show that MoIiaeux caused the
death OF Barnet by the same method as
that used in taking the life Of Mrs. Ad-
ans.
-Four OF the members Of the court.
Judges O-Brien. Bartlett. Vann and Wer-
Her. agree that the evidence should not
have been received and yhe reason for il
is stated in the opinions written by Judges
O.Brien anC Werner The other three
judges, Chief Judge Parker. Cray and
HaiSit. hold that that evidence is admissi-
bic in that the evidence in the Barnet case
pointing t0v ard MOliEeux tends TO iden-
ufy 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 effect
Mrs Adams died as the result Of tax
ing a dose of cyanide Of mercGry in a
quantity OF headache powder on Deceuc-
her n. ISgs- in her fat on West Eighty
sixth Street, New York. where she lived
with her daughter. Mrs. Rogers Harry
Cornish athletic director at the Kuicker-
booker Athletic Club, was a boarder in
the house
That night the police discovered that
the powder containing the poison had
been received by Cornish as a Christmas
present accompanied by silver bottle
holder After iuvestieatiou Molineux was
arrested on the charge OF having commit
ted The murder He was convicted Feb
rGsry A. 1899. aud two days later sen
fenced 20 die in the electric chair at Sing
sing in the week beginning March 26. IS0O-
stay of execution was granted pending
the appeal
PORTO RICANS' ITINERARY.