davidaulloa/AmericanStories huggingface dataset:
The evening world. [volume] (New York, N.Y.) 1887-1931, 1901-10-15
JUDGES UNANIMOUS FOR NEW TRIAL.
STOOD FOUR TO THREE ON BARNET.
Especial to n. rrrninr world)

's?ecAI 10 The Evening WofId)
ALBANY. Oct. l5-Roland u.
Molineux. the convicted murderer Of
Mrs. Katherine Adams. has been
granted n new trial
The Court of Appeals. at . o'clock
this afternoon. handed down de-
cis!on reversing the Judgment OF MUIR
der in the first degree found against
him and ordering that he be given n
new trial.
In announcing the decision the
Court gave out the following state
ment: @
Every member Of The Court OF
Appeals agrees for the reversal OF
Judgment OF the conviction OF Moli-
neux on the ground that the trial
court erred in reccivi in evidence
the declarations OF Barnet made to
Drs. Phillips and Douglass tina; he
had received medicinal powders
through the mail.
All agree that since the amend
ment OF section 2. OF chapter 30.
OF the laws OF 1880. by chapter 555
OF the laws OF 1883. genuine writ
ings may be received in evidence
as standards OF comparison with n
disputed writing. although such
writing may not be the issue on
trial. but simply n fact relevant and
material to that issue.
That the genuineness OF such
writings must be established to the
OF tho court by common
law evidence. and when that is done
handwriting experts may compare
the disputed writings with the GENT
Inc writings and then give their opin-
ion thereon. but they cannot selec:
and establish the standard OF COM
parisOn and then compare them with
the disputed writing.
All writings proved to the salts
faction OF the court by n prepondcr
ancc OF evidence in civil cases. and
beyond a reasonable doubt In crimi-
nal cases.
!. BY witnesses who saw the paper
written. or to whom 1t had been
9. BY witnesses familiar with the
OF the person charged
TO be the writer. and who are able
to testify from their familiarity TO
a belief respecting It's genuinsnc,=',
g. Where the writing Is shown to
have been recognized and acQuiesccd
IN by tho person supposed TO have
written It. or adopted and acted upon
by him in his business transactions
or other concerns. (may. under the
statute. DO compared with the dis
puted writing 81; witnesses. But the
Court should refuse to receive in evil
dence solely for che purpose Of COM
parison any writing otherwise pre-
judicial to dctendant)
Judge Werner wrote the principal
opinion.
The only subject about which the
members OF the Court differed in
their opinions relates TO the tcst!-
nony introduced tending TO show
hat Molineux caused nc death OF
Barnet BY the same method rs that
lsed in taking the lie OF Mrs. Adams.
stood Four TO Three.
Four OF the members OF the court,
Bartlett. Vann and Werner
w.. agree that the evidence should
rot have been received. and the rea-
son for 1t 10 stated in the opinions !
written by Judges O'Brien and Wer-
The evening world. [volume] (New York, N.Y.) 1887-1931, 1901-10-15
MRS. PARMENTER
FELL Eff TY FEET
LIEUTENANT'S WIFE A SUI
eide IN WASHINGTON.
while III she Plunged from High
Window Of swell
Flat.

WASHINGTON. Oct. ls.-Mrs. Par
men,er. wife OF Lieut.. Henry r. Par
mentcr. a naval officer on duty here.
plunged from a four-story window IN
the Portland fats to-day and. strik-
Ing on "a ston. sidewalk ary feet
below. received injuries that resulted
in her death.
Mrs Parmcnter had been IN poor
heAltn for some time.
The Coroner certified that the case
was one OF suicide.
The Portland nats II the most fash
ionable apartment building IN Wash
!ngton. Secretary Long and other
notnbles residing there. II Is located
at Vermont avenue and Fourteenth
street. near tn" White House.
The evening world. [volume] (New York, N.Y.) 1887-1931, 1901-10-15
BELFAST To
CHALLENGE.
IA MILLIONAIRES WILL TRY
FOR AMERICAS CUP.

BEIIFAST. ireland. Oct. IA chai-
lengc for series Of races FOR Amer
ica's Cup. II IL expected. will be cao:ed
the New York Yacht Club In few
days From n reliable source II Is
learned that n syndicate OF fourteen
Belfast miIlionaires will issue the chal-
leng. through the local club Plans
arc under way. and Il Is undcretoo
that the firm OF Harlan & Wolf. which
built the big transatlantic liner
Oceanic. will build the new challenger.
According TO the sam. authority the
sum OF $4,000 has already been sub
scr!bed for the building OF the yacht
The evening world. [volume] (New York, N.Y.) 1887-1931, 1901-10-15
MISS STONE NOW IN GAVE
PRISON OF BR|GANDS.

ridicules the idea that Miss Stone may
be forced to marry one OF her capio:s.
saying that brisand would no, marry
| woman OF nfty.
II may be possible that Mr.. Dickinson
Is oversangu!ne. as a letter received
from Miss Stone by W. w Poet. Treas
nrer OF the Turkish Mission At Consian-
tino3le. does not give assurance o: her
safety. She states that at the time OK
writing the hT!cands had threatened to
XIII her and Nine. Tsiika u they were
pursued by troops. She also urged mat
no time b" lost In securing her and her
companions release.
The evening world. [volume] (New York, N.Y.) 1887-1931, 1901-10-15
1T Is just What Expected" Says Gen. MoIineux-
Lawyer Weeks Telephones the Good News to the
Prisoner at Sing Sing-Judges Stood to on
Barnet Question:

" iagan a she wiln wro free
him
The OF Afternoon grantee "lall olu,nxan wtral
in t
ani four he svcnvo to lea
1t was decided that the testimony handwriting admissible
in inin rttcn by Judge Werner
a o h be brought
70
The evening world. [volume] (New York, N.Y.) 1887-1931, 1901-10-15

Parker and Judges Gray and Hlight,
hold that the evidence is admissible
in that the evidence in the Barnet
case pointing toward MOlineux tends
TO Identify him as the poisoner who
killed Mrs. Adams while attempting
to take the life OF Cornish by means
OF that rare poison known MS cyanide
OF mcrcary. the Chief Judge and
Judge Gray -ariting opinions to tina;
effect.
Judge w-r.er's Opinion
The prevailing opinion OF the court
was written by Judge William E.
Werner. OF Rochester. His opinion
in part Is as follows:
First In order II no. Importance.
IL the question whether any evidence
was admissible concerning the al
legged killing OF Barnet This Ques-
tioE may be considered without re-
ferring to the specific objections or
exceptions Of the dcfenue because 1t
was raised so often and in so many
ways tina; II would involve proftlcss
rei,eration and prolixity 10 dwell
upon each objection and exception.
AS has been disclosed by the fore.
going statement OF fact, evidence
was received upon the trial tending
to connect the defendant with the
felonious killing OF Barnet, for the
purpose OF proving his guilt OF the
crime OF poisoning Mrs. Adams.
which was the offensc charged In the
Indictment.
THE general rule OF evidence ap-
plicablc to criminal trials is that the
State cannot prove against n defen-
dant any crime not alleged in the
Indictment, either AZ n foundation
for a separate punishment or ms aid
ing the proofs that he Is guilty OF
the crime charged
This rule, SO universally recog
nizcd and so firmly established in
all speaking lands. Is rooted
in that Jealous regard for the lib
crty OF the individual which has
from from all others, at least since
the birth OF Magma Charta
1T Is the product OF that same hui
name and enlightened public spiri.
which. speaking through our com
mon law. hiss decreed that every par-
son charged with the commission u
n crime shall be protected By the
presumption OF innocence Until he
has been proven guilty beyond u rea-
sonablc doubt.
This rule and the reasons upon
which It rests are so familiar to
every student OF our law that they
need be referred TO for no other pur-
pose than TO point out the eXcep-
lions thereto.
Generally speaking. evidence OF
other crimes Is competent to prove
the specific crime charged when II
tends 10 establish % motive. ca in
tent, go the absence OF mistake or
accident. ca common scheme or
plan embracing the commission OF
two or more crimes SO related to |
each other that proof OF one tends |
to establish the others. 90 the iden
fity OF the person charged with the
commission OF the crime on trial.
Let us now endcavor to apply to
the case ut bar each o. these excep-
ions to tho general rule.
The evening world. [volume] (New York, N.Y.) 1887-1931, 1901-10-15
)LINEUX MAY NEVER BE TRIED AGA
MAN FOUND FOUND 1 1 IN 5h53i1
WOODS SHOT THROUGH fEAD,

ne nody Of a man a!h h2let wauad in Inc chs
Of his forehead vas 'ounl 10 tic No. Of he a.,
lard me.slr ~ Brer; T~,s. .o-day. II rs pockets
found card Of william Huneke, No. 295 Floyd street.
Brooklyn The man is apparently about fifty years old.
gold filled watch chain and ocket and So in change
found on him. The police are investigating.
CAPT. HERLlHY'S COUSIN MURDERED?
Richard HerIhy this afternoon called at Jefferson Market
Court to ask about his father Theodore Herhy cousin of
Capt Herihy who died yesterday in Bellevue Hospital. He
believes his father was murdered
LATE RESULTS AT ST. LOUIS.
Fourth Race-Harry Duke !. Ala e. Miss GonghtIy 8.
Fifth Race-Swordsman |. George Lee q WaIabout3
AT WORTH
Fourth Race-0dnor !. hrgregoi 2, Rarrock g.
Fifth RaCe-W. B. Gates l. Domadne q Prince BiazcS 3.
The evening world. [volume] (New York, N.Y.) 1887-1931, 1901-10-15

To Cure q Cold In Oae Day
rats LAXATIVE Brocao ouintns TaolstA All drug.
sists refund the mossy n u fails 10 cure Z W.
Groves Signature 10 on each boz. "a ~
The evening world. [volume] (New York, N.Y.) 1887-1931, 1901-10-15
WEATHER FORECAST.

FOrecast for tho thirty
Wednesday, for New York
CITY and SlcInity-Clcnr and
cool. with frost to.uighti
Wednesday fair, fresh to
Hight west wiads,
The evening world. [volume] (New York, N.Y.) 1887-1931, 1901-10-15
Forgery of The Letters.

FORGERY of the Letters.
Is there anything in any OF the Bar
h"t letters which sheds IA ray of Iisht
urun me question Of motive for the at
'tnnpt 20 XIII Cornish? Not a word,
Is the mere fact OF forgery s,It.ieIen,
70 establish motive FOR the fnrger's al
I"std attempt Ia XIII the man whose
nam. ne hii toTgel9 II -, We are at u
th-r. il IN the Barnet letters which do. !,
h"t also inhcrc In the Cornish letters.
u the Barnet letters were forged 40
"-r" IN. Cornish letters II The latter
bore no Intrinsic ,viisice ot naiiy.,
against the NE OF Cornish I'M. Raa
EQUALLY true ~ the former
WI thus Ne seen tina, under no
hypothrsis, upon NJ assumption can
IN" Harriet letters be f.ld 10 contain
any evidence ns 20 the motive FOR tho
| attempt 10 XIII Cornish. that IL NOT also
70 d" round IN The Cornish letters.
what has been said about 'I,ar,.st'
letters j. true OF all the evidence relnr-
ing 10 II" alleged Killing OF 'Barnet'
Even II /, b" admitted that IL proves
Lhe commission OF an independently crime
with an adequate motive behind Il. IL
contributes nothing 10 the Subjec, OF
motive In the case at bar
As 10 lntcnt.--ln the popular mind
intent and motive are not infreIuentiy
regarded As one and the sans. thing.
eve have here two cases Of pots.
oninE rs separate and distinct a..
tive eases of shouting. Could "a he
successfully urged shat the shoots
Ing nj one person l., another conld
he proved to show the intent with
which the latter shot n ihird per-
son at u different tim. and for q
distinct cnus-s
"Certanly Hot, unless II were also es-
,a u, mt =, tw@ shootingi wero
stances a. 20 mn'. them part OF uns
common plan or design
'Th!rd-A 10 the possibility of mis-
TAXI o. accident. or doub; rs 20 no
cause OF death, There are cases IN watch
the possible or probable dcfclRe ot
accident or mistake may he resulted
upon tho direct case OF the prdse. l.
ton: or In which the doubtful cause
lished ny other previous similar deaf his.
No such case - presented here. THO
poison, used Is clearly and positively
Identified!
sometimes happens that
tho same person In pursuance OF q
single design or under circumstancea
which render II Impossible 10 prove one
without proving all. 3s
TO bring a case within this keep
ton To the general rule which excludes
be evidcncs OF system between the or
fcnsa on trial and the one s;a;fght 10 b
They must be called an
parts OF a general and composite plan
or scheme. or they must be so reiat.A
10 each other as TO show a comsubn' 4
The motive for the alleged kIliIn& n 4
Barnet Is so distinct from tss NlcEzTan8
Assigned for the crime charges In tic
rdictmcnt that O new and Gcg.z 4 S
motive Is sought In the altered faF4a
{ the SSfendant. ana this. e u /
(
The evening world. [volume] (New York, N.Y.) 1887-1931, 1901-10-15
rh. Route 10 the West.

Via Pennsylvania Railroad. Fast eapsras uaino
At eonssnient hours for Chicago. Cincinnati and
o.. Louis leave West Twenty-third street. pes-
ercssE and cortiandt s;rsets -
The evening world. [volume] (New York, N.Y.) 1887-1931, 1901-10-15

just Days Journey
From New York to Chicago. via the PsansyiyaniA
Lfmited. Leaves West Tvsnty.t third rress daily
a 98 a. y. Desbrcssss ard Cortlandt strpsta
The evening world. [volume] (New York, N.Y.) 1887-1931, 1901-10-15
"First.:As to motive.

"First..As to motive.
II; is obvious that In every GRIM
ini.i trial when proof OF motive is an.
essential ingredient to the evidence
against defendant. the motive to be
established is the one which induced
the commission OF the crime charged.
This IL too simple for discussion.
TO hold otherwise would be to sane
ton the violation of the general rule
under the gnise OF an exception to. 1t.
what was the motive assigned for
ne ieteaiant's alleged attempt 10 XIII
cornish? Hatred ensendered by quar-
. ,i between them. In which Barnet
what was the motive which Is said
To- q, nave moved the defendant to XIII
i nssrs, jealousy caused by the latter's
!ofihcr The mere statement of ,hse
w" motives suffice to show that they
nav" no relation to each other ana that
hilIins o. Harnet throws no ll.:ht upoui
tue motive which actua,ed the attempt
upon the ne Of Cornish.
;" apparent, indeed. Is this diver
sity % motive In the two cases tba,
IN" learned counsel FOR the peop,e'
upon IN" argument herein. abnnionei
t M. cialni NAT there was anything Ia
con- mon between them ana Ingenious
~ sought !" Great" a single motive OUT
OF The alleged forger!cs bv the DE-.
i.adtnt OF the names ot Barnet and
20, OF course. no differences can DO
without assuming that the .Barnet and
3rhiSh letters were ali properly r.-z
CtN'u IN "Eidcnc" ana proven TO have
nt"h written by the defendant. Wo
NIL therefore, assume that All OF these
letters weT" properly In evidence, that
,ney Were written by the defendant. and
H. NJ vas. therefore. guilty OF the
these names ~" %
The evening world. [volume] (New York, N.Y.) 1887-1931, 1901-10-15
AT WORTH.

Fourth Race-Odn0r !. hrgregol 2. Rarrock 3.
Fifth Race-W. B. Gates |. Domadne z, Prince Bazcs 3.
The evening world. [volume] (New York, N.Y.) 1887-1931, 1901-10-15
stood Four TO Three.

Four OF the members OF the court,
O'Brien, Bartlett. Vann and Werner.
JJ., agree that the evidence should
not have been received. and the rea-
son for It is stated in the opinions
written by Judges O'Brien and Wer-
The evening world. [volume] (New York, N.Y.) 1887-1931, 1901-10-15
LATE RESULTS AT ST. LOUIS

Fourth RaCe-Harry Duke !. Ala 2. Miss Gonghty 3.
Fifth RaCe-Swordsman |. George Lee 2, WaIabout g.
The evening world. [volume] (New York, N.Y.) 1887-1931, 1901-10-15

.-t-f&i-s-.-i-t-E-i-!.!-:-.-i-i-t-i-f
The Minneapolis journal., 1901-01-16
Washington Notes.

The electoral vote for president will be
counted Feb Is.
To defeat the ship subsidy bill, a carefully
planned hlibuster on the army bill was begun
IN the senate yesterday. The movement has
as its avowed head Senators Pettigrew. Teller
and Butler.
It appears from a document sent TO the
senate that the United States government
mas made no effort to enter into negotiations
with the government of Columbia on the sub
Ject or an lnter-Oceanic canal
Efforts are being made by the nroduoery oF
vaccine to have the agricultural COMMITTEES of
congress omit from the agricultural appro-
priation bill further provision for vaccine
made and distributed by the government on
the ground that the government distrihution
is no longer necessary and is an interference
with private enterprise.
Senator Morgan has introduced a resolution
declaring the non-effect of the BulWer-Clav
ton treaty upon the United States in the in
tenuon to build the Nicaraguan canal and
that the ratification by England Of the
amended Hay-Pauncefote treaty is not a con-
dltlon precedent to legislation by congress-
IN proylolng LOT the execution of agreements
with Costa Rica and Nicaragua
Nj. P Moran of GraceyilIe- MINI and .
member of the National Farmers Alliance'
testified before the Industrial commission yes,
terday upon the transportation of grain He
sald that experience has shown that a reduc-
tion OF railroad rates for Transporting grain
benefited the consumer of the surplus crop
of this country. He favored the opening of
market in the orient to induce competition.
While the senate was in executive session.
and effort was made to secure the confirma,
ton OF the nomination Of j. F. Harlan, son
of Justice Harlan of the United States SUI
preme court, to be attorney general for Porto
Rico, but the action was prevented by the
objection Of Senator Pettigrew, who objected
because he regarded the appointment as a
possible attempt to influence the supreme
courts decision in the Porto Rico cases.
The Minneapolis journal., 1901-01-16
SUBSIDY BILL CHANGES
Republican Senator's VIII Demand
Several Amendments.

Washington, Jan. ia conference of
republican leaders at the house Of Sena-
tor Allison agreed that some radical
amendments would be necessary before
the shipping bill could pass the senate.
The senators at the conference were
Messrs. Alliscn, Aldrich, Spooner and Nc
MILAN. ~
The frst amendment eliminates the
fast line ships now drawing mail paw
under the proposed bill, confning them to
benefits Of freight carrying.
The second limits the time during which
the subsidies are to run after the ships
are built to ten instead of twenty years.
The third makes reight-carrying vessels
commonly known as standard oil ships)
ineligible to the benefits of the subsidy.
The fourth enlarges the number of for
eign-built vessels that can compete for
the benefits of the BILL AS the bill now
reads, it is held to be possible for the big
steamship lines to place orders to the full
capacity of the shipyards for the next ten
years, making 1t impossible for other
lines to have vessels built and make ap-
plication for the subsidy within the time
specified.
II Senators Hanna and Frye reject the
amendments all efforts to pass the sub
sidy Dill at this session will be abandoned
The Minneapolis journal., 1901-01-16
CABLE FLASHES

Pars-The order for the trousseau of Queen
Wilhelmina has been given to Nine. Nicaud.
Manila-Thfrty insurgents, sentenced to be
deported to the Island Of Guam, sail to-day
on the transport Rosencrans
Copenhagen-The Danish government sent
to the finance committee of both houses Of
the rigsdag a report OF the negotiations be-
tween the United States and Denmark re-
garding the sale of the Danish West Indies,
and also petition signed by seventeen busi-
ness men of Copenhagen, asking for govern
ment assistance to make the islands profit
able to Danish capital.
The Minneapolis journal., 1901-01-16
IN A NUTSHELL

Quincy, nl-Scott Wike is dead at his home
near Barry, in Pike county. He served two
terms in congress and was controller of the
currency during the second Cleveland admin
istration.
Washington-The city council of Amsterdam
has voted 5000, 900 guilders, 81, AZ, ,O0O for an
electrct plant which is to furnish power for
street cars, lighting, etc, for that city. Con-
sui Frank D. Hill reported that the prospects
seem fair for a part at least of the supplies
to come from the United States
Chicago-Between machine manufacturers
not members of the National Metal Trades as
sociation and their union workmen trouble is
said to be brewing over the question Of
shorter hours, and a strike is threatened in
The Minneapolis journal., 1901-01-16
BEAR MOST GETS TEDDY
ROOSEVELT CHASED BY A GRIZZLY
He StumbIes and Falls, but the Bear
Drops Dead Not Fifteen
Feet Away.

Meeker, Col, Jan. 16.-Theodore Roose-
Welt has a narrow escape from wounded
grizzly pear. The party was following
the animal, which turned and charged on
them.
Roosevelt, who was we'll in the lead,
stood his ground until the magazine Of
his rifle was empty, then turned and ran.
He stumbled over a rock and fell into the
snow The grizzly dropped lifeIess, not
fifteen feet behind him.
The colonel has brought down a mag
nifcent wild cat and a lion.
The Minneapolis journal., 1901-01-16

the spring, involving about 10000 out of the
$4,000 union machinists in the United States.
Barstow, Cal-Santa Fe overland No. 8,
east bound from San Francisco. for Chicago,
ran into a burning bridge at Siberia, seventy
mines east of here. All the cars were de-
rallied, but none Of the passengers were hurt.
Chicago-Stepping, as he thought, from the
front car of a South Side elevated train to
the platform OF the Fifty fifth street station,
last night, Theodore G.. Boettger a we'll
known musical composer, Il years old, fell
to the alley, thirty feet, and received in
juries from which it Is believed he will die.
The Minneapolis journal., 1901-01-16
Northwest Pensions.

Washington, JAN l6.-Pensions granted:
Mlnnesota-James Emery, Dodge Center. S.:
James w. Vaughan. Albert Lea, IS; John
a; ,!M.eNamata, st. Paul, S..
Myron Sherman. Weyauwega, ST.
Iowa--Henry 7. Egbert Norwalk, Sc; Le-
anger DER L. Chapman, Mapleton, IS; special JAM
North Dakota-Frank E. Furguson. Egan' a
South Dakota-Joseph Markley, Tyndall
~; William H. Chambers, belmont, S.
The Minneapolis journal., 1901-01-16
WOULD EXPORT FLOUR
Argentine Mill Owners Are Active
Against American Trade.

Buenos Ayres, Argentine, Jan. 16.-Nu-
merous mill owners held convention with
the object Of adopting measures for the
expectation of -four, especially to Brazil.
In view OF the attempt made by the Amer
lean minister at Rio Janeiro to have the
government favor American -four, to the
prejudice of the Argentine product, the
minister of agriculture, Garcia Merou. the
former Argentine minister at Washing
ton, promised to send a commission to
the United States to study there the con-
ditions of -four expectation. The mill
owners have also requested the govern
ment to accord reduction in the railway
tariffs. There is also a proposition to
give a bounty on expectation flour, but
the press is OPPOSED TO this measure.
The Minneapolis journal., 1901-01-16
EXIT 4TH OF MARCH
Bill in the House to Change Date of
Inauguration.
THE LAST WEDNESDAY IN APRIL
Representative GIynn of New York
Would Provide for Constitu-
tfonaI Amendment.


Washington, Jan. 16- Representative
Glynn of New York has introduced a reso-
luton to amend the constitution of the
United States so that the terms of the
president and the vice president and the
members of the Fifty eighth congress shall
continue until the last Wednesday in
April, 1905, at noon, and that hereafter
that the last Wednesday in April shall be
substituted for the fourth of March as the
commencement and termination of the Of
fetal terms
The Minneapolis journal., 1901-01-16

GRINNELL-F. E. Crawford is charged
with having obtained money under false pre-
tences by putting up warehouse receipts as
collateral when the goods were not present
During the progress Of the case, a bundle
of papers of the utmost Importance disap-
peared. Judge Scott has ordered every at
torney and official to make thorough search.
The Minneapolis journal., 1901-01-16
LIGHT ON MARS
Professor Pickering of Harvar,
Says 1t Is InexpI1cable.

Cambridge, Mass, Jan. 16.-Professo1
Pickering - of the Harvard observatory
said:
Early In December we received from
the Lowell observatory in ArizoIN tele-
gram that shaft Of light had been seen
to project from Mars (the Lowell obser-
vatory makes a speciality of Mars) last
ing seventy minutes.
Whatever the light was, we have no
means of knowing. Whether it had intel
ligence or not, no one can say. 1t is
absolutely inexplicable.''
The Minneapolis journal., 1901-01-16

No Snow, No Cold, Perfect Climate,
stricken district; no dews, no dampness;
warm sunshine every day. Haywood Hot
Springs, Hudson, New Mexico. Owend
and managed by Minnesota people.