The sun., 1901-10-12
new MOLlNEUX TRIAL.
Court of Appeals Said to Have So
Decided.
SEVERAL IMPORTANT POINTS
Delay In Handing Down Decision
Due, 1t Is Said, to Fact That 1t
Will Greatly Affect Grim
inal Jurisprudence.

New York, Oct. 1.-THE Journals |
Albany correspondent says he is as |
sured by a competent person that a
decision granting new trial to Roland
B. MolineuX has been reached by the
court of appeals and that the only
points left now for decision are those
which will not involve Molineux, but
will have a prodigious effect on all fu-
ture murder trials in the United States
in which expert testimony presumes to
play any part. The Journal says:
Perhaps no such important decision
has ever been handed down in the an
nails Of criminal Jurisprudence in this
country. On the main question, rs to
whether incompetent evidence was adj
mittcd in the trial and generally as to
the incompctency or otherwise of the
handwriting expert evidence, the judges
some time ago agreed, and unani-
nous verdict in favor of the contention
of the appellant on these grounds has
been generally conceded.
'These points being settled, the court
has been reducing the majority and mi
AA'li'S pl'tiilbilS uil WIG Val luuN DullllS
Mt issue during the past weeks to the
most careful wording.
No Difference ON Main Point.
"There was not at any time much di-
yersity of opinion on the main quos-
tion as to whether MolneuX should
have q new trial or not, but there has
been considerable diversity on various
1NniuIS pf 1tN int.A1N.,J Nj i1.,t
~ on tic testimony Of handwriting eX.
pertS.
"llandwriting experts We're a most
important factor in the Molincux trial
They occupied days upon days of the
jury's time spent thousands upon thou
sands of dollars of the states money
almost wrecked the fortune of General
AlolincuX. the defendants father, and
now The Evening Journal is enabled to
state that the judges of the court Of
appeals have spent many days and
nights TO tie exclusion Of other public
business, debating the question wheth.
er or not future criminal legal history
in this state should be free from the
opinions Of handwriting experts.
THE wording of the three opinions
on minor questions, one written by
Chief Judge Parker, the second by
Judge Dennis O'Bricn and the third by
Judge Werner, is now taking up tht
time Of the court Of appeals.
weighing Every word.
"Whie these authorities agree OF
some points they have expressed them
selves differently to make easier til,
construction Of the new laws on thu
subject. which will be cited in count
less murder eases in the future; ever!
single word is being weighed in til,
balance before it constitutes q part O
the final decision to be handed dow
by the court.
In view Of the long debate over til,
wording Of the decision it is though
that MolincuX's lawyers will not n
crivc official notification OF the ney
trial until Tuesday next.
"lhc Journals authority makes til
point that the NloliupuX case will COZ
stitutr new law in future murder trial
in this country.
"Nithont the actual wording of til
decision ut hand, but to Judge from til
views Of high authorities, it is predict
ed ly some that Roland i. Moincu
will ncver hc put on trial again for til
murder Of Mrs. Kate ]. Adams"