The sun., 1901-06-19
SENATOR HILL DRAMATIC;
rxxxs Dxa1CT IsSUS WITH xILSURN
I'M H0LINSUx CASE.


IN H0LLNSUx CASE.
uA. . P~rf,os Rishs 70 show BArases NJ
-. sad Death Under Similar Cirosn-
A..o,>" He says-''Ths Man wAs wrsts
s,r pruss Sent the Poison Package. and
uoinsux was the AAn"-hilbam Attacks
~. conduct Of Coz and Osborns.
nryyALo. June ls-Mr. MDburn to-day
concluded his argument In the Molinsux
ca.e before the Court Of Appeals. and for
mar Senator Hill began his argument In
.pport Of conviction. He spoke with
.,ergy and at times was dramatic A
,.r az possible. only lawyers were ad-
mi,ted to-day. and the law students who
we're successful yesterday In gaining ad-
uIttanoe to the room were barred.
Mr. Nlilburn presented Q formidable
array Of objections to the handwriting
expert testimony which was admitted on
the trial. Speaking on the claim that tho
defendant had not had q fair trial. he do
clsred the attitude Of the Recorder. his
rulings and his examination OF witnesses
were such as to charge the atmosphere
with conviction. He solemnly indorsed
the course Of Mr.. Weeks in presenting no
defence In . court where It was impossible
to get justice for his client
We want now trial." said he, where
the defendant can 60 on the stand and tell
his story and where his witnesses may Do
heard"
Senator Hill said . new trial would prao-
tically mean freedom for Molinsux. a. 1t
~ss improbable that the witnesses by
whom his guilt had been established could
be brought together again. He discussed
very freely Molineux's alleged relations
with Miss Cheseborough in 1897. and said
the Recorder had erred on the side Of over
caution In eliminating that testimony
Senator Hill was only In tho middle Of his
argument when court adjourned.
Tomorrow Mr.. Milburn will have an
opportunity to mako fifteen-mInute
reply when Senator Hill has finished.
Gen. Molineux was one OF the first to be
admitted to the court room this morning
He was In buoyant spirits. First, he sat
beside Comptroller Bird s. Coler OF New
York. who Is here on his vacation Then
he gallantly gave his seat to woman and
stood up against the wall with Expert
Carvalho. Finally he got his seat near Mr..
Mburn. where he heard each point for the
defence with positive eagerness. During
Senator Hills argument he was noticeably
nervous.
Mr. MrLBURN CONCLUDES.
Mr.. Milhurn occupied an hour and thirty
minutes to-day. or five hours in all. Con-
tintring his argument Of yesterday he
brought up the Carlyle Harris case. The
court had held. he said. that testimony
directly bearing on a motive was not to
he excluded because that testimony tended
u establish the commission OF another
crime.
But said he. II the people had shown
here that the defendant took letter box
in the name Of Barnet and wrote letters
in the name Of Barnet and received replies
thereto and had sent Kutnow powders
10 Barnet containing cyanide Of mercury.
which Barnet took and death resulted.
and thereafter the defendant took a letter
box In the name Of Cornish and sent letters
therefrom. these were two separate and
independent crimes. unoonnected with any
common purpose or motive. and the evil
dence Of the first crime was not admissible
on the trial OF an indictment for this mllr-
der There is no evidence in this case
which connects Molincux with the sending
Of Kutnow powders to Barnet. In fact
there is an entire absence Of proof"
On the question of intent. he said the
peoples case was that Molineux was a
chemist, that the bottle had been carefully
disguised. that he was capable Of making
this dangerous poison. that he had a motive
in sending 1t to Cornish. II this was Set
up. then there could he no excuse for bring
ing In the Barnet evidence on the question
Of intent. No claim was made by the
defence Of accident or mistake.
Il, therefore. submit for your earnest
consideration that the evidence Of Barnet's
death, filing so much Of this record. and
tending to show separate and distinct
crime, was inadmissible. and that its accept
ance by the court was error
The handwriting exhibits he said. came
in four classes. the poison package address,
the Barnet and Cornish letters, the mass
Of letters Of Molineuxs conceded writing
offered for the purpose Of comparison
and the concealed writings made at the
instance Of Mr.. Kinsley He described
how Kinsley had secured these writings
using certain kind Of pen and paper and
requiring Moneux TO hold the paper SC
the writing would be vertical In view
Of the fact that Kinsey was at this time
in the employ Of the police. Mr.. Milburr
contended that he Was not competent
witness to testify to Molineuxs ordinary
and usual handwriting.
Judge O. Obrien asked II Alolineux hac
been informed at the time why he was
asked 70 write these things at Kinsley',
direction.
His counsel was with him at the time.
interposed Senator Hill.
He had been publicly accused Of n,
murder" said MIR. Milburn.
Was Weeks acting AZ his counsel wher
he did this writing" asked Judge o Brien
Mr. Weeks represented him from the
nrst." said Mr.. Milburn.
The powers of public officials are ex'
treme," said Mr.. Milburn. In this case
they were exercised with a force. and
was going TO say, an unsCrupulousness
have never seen approached before. Sup
pose MolineuI had refused to write under
the conditions that Kinsley arranged fol
him. II would have gone out a over the
country that Nlolineux was afraid TO writ"