New-York tribune., 1901-10-16
THE MOLINEUI REVERSAL.

| The Court of Appeals yesterday unanimously
reversed the conviction of Roland B. MolineuX.
| IN SO doing ii met the expectation of ninetenths
| Of the intelligent people who followed the
| extraordinary and outrageous methods which
| the District Attorneys office under Asa Bird
| Gardiner was allowed TO pursue In conjunction
| with sensational newspapers TO build up case
| against this man. MolineuX himself made the
best criticism ever passed upon his trial when
| he arraigned for sentence His reference
10 1.-THE crime for which l stand convicted, and
| of still another crime for which | am charged
so cut Recorder Goff that he took the unusual
course Of stopping the last remarks of de-
| fendant before sentence and received the QuieT
| but Stlnging answer: II supposed might refer
Ito il, since the District Attorney did in his
opening and closing argument" The Court of
Appeals now comes with the weight of its
| thority TO rebuke the Recorder for letting Moli-
neux be tried ia effect for that other crime. and
10 undo the wrong which the Recorder did.
Until the full opinions of the judges have been
considered it is impossible 10 discuss in detail
the errors made I'm the trial court. 1t is suffi-
cient 10 say that they all agree that some of the
Barnet evidence improper and its admis-
sion sufficient cause for reversal and Il
jority hold that all of the Barnet evidence
should have been excluded. Judge Werner,
writing the opinion of the court, completely dis
poses OF the excuse made for it's admission.
saying:
Throughout the length and breadth OF the tes-
timony relating TO the death OF Barnet there is
not a suggestion or fact which throws any
light upon the intent with which the poison
sent to Cornish; or which serves to support
strengthen the differences to intent which
may be drawn from the evidence tending to
show that the defendant sent the poison to Cor
nish. Was this poison sent by mistake
y ne
malignity, murderous design, fiendish cunning
indelibly stamped upon every fact and circum-
stance connected with the act? II would be a
traVesty upon our Jurisprudence TO hold that In
a case OF such appalling and transparent GRIM
Inany y IL coula ever be deemed necessary or
proper TO resort to proof of eXtraneous crimes
TO anticipate the impossible defence OF accident
mistake
1t is perfectly apparent that Molineux never
could have been convicted without belief on
the part of the jury that he had sent poison 10
Barnet, and that the poison given by Cornish
10 Mrs. Adams had some connection with the
alleged earlier crime-thOugh that there ever
was such crime was not proved The argu-
ments made for the prosecution clearly showed
that the assumption that MOlneuX killed Bar
net was essential 10 the creation of a belief that
he killed Mrs Adams, and jurors after the trial
in private conversation distinctly avOwed the
influence upon them OF the belief in the double
Iuc IidHy IOtdi breaks IN the ADAMS
chain were filled in by assumptions suggested
by the Barnet story All that is now thrown
from the case, and it is extremely doubtful if
any serious attempt will be made without it to
convict Molineux, though another trial will
doubtless he held, and should be held, if for
nothing else than TO make the prosecution prove
its case or give the man who has been put to
the hardship and disgrace of an illegal cOnvic-
! tion and long Imprisonment the poor reparaton
of a verdict of not guilty.
We have said that this reversal was almost
universally expected. Indeed, it is much to be
doubted if the prosecution ever expected its
conviction to stand while working TO secure II.
That was the terrible wrong in the Molneux
case. Other men have been enormously tried
and compelled 10 suffer irreparable injury be-
fore the errors could be corrected. But rarely
If ever have the people of this country seen the
machinery of prosecution employed at vast and
extraordinary expense in ways so astonishing
TO criminal lawyers were those used by Colo
mel Gardiner I'm securing indictment and per-
mitted by Recorder Golf in securing conviction,
the evident intent being less TO punish a crimi-
nal than to make q case which would justify the
| original accusation and give prosecutors and SEN
sational newspapers the glory Of having solved
a murder mystery. Molneux on the day of his
yellow journalism put price upon my head
1T was an invitation 10 every blackmailer
every perjurer. every rogue, every man with
'out principle, but with a price" The identih-
cations on which he was convicted were for
sale. Men who at first did not know him. but
said the suspicious person looked like somebody
| else. discovered that Molineux was the man.
after offering To identify any person desired on
sufficient recompense from enterprising news
papers. These newspapers had accused Moli-
neux long before his indictment, and they were
! bound for their own credit as well as for their
1 own safety from libel suits, TO make a case
| against him. The District Attorney accepted
newspaper aid, allowed TO be associated with
him newspaper counsel at one stage Of the pro-
| ceedings. and used the testimony of newspaper
| bargaining. All this was known at the time
and publicly commented on, but the pressure
on the prosecution TO ignore the defendants
rights and gain the applause Of sensational
Journalism's millions of readers was too strong
| TO be resisted, and, unhappily for his own ju-
dicial reputation, the Recorder allowed his