Fort Mill times. [volume] (Fort Mill, S.C.) 1892-current, 1901-10-23
NEW TRIAL FOR NOLINEUX
Judges ofthe Court Of Appeals IMAM
lmouS in Their Decision.
IMPROPER EVIDENCE ADMITTED

Regarding Barnet is Incompetent -
Three Judges. However. Would Allow
Some OF This Evidencc-Court Passes
on Question of Handwriting Exrcrts
Albany. y. I.-Roland II. Moiincux
since February Is. 1000. under sem
tence of death Tor ,hc killing of Mrs
Kate j. Adams. will have Il new trial
he Court OF Appeals has handed
down decision reversing the iu,lc
ment Of the lower court. All thc Ius
ticeS who heard the argument on ap-
peal agree on the finding. which is
based on the admission Of evidence
regarding Henry G. Barnet. although
the Court is not Il urit rs to how
rluch of this evidence was ircomro-
tent
Tnc Court also refers t, tho rule ro-
Garding The admission of expert tcsti.
llonJ on handwriting. and the pre-
Vai.in" opinion hol IS That none of the
"Bar2e letters should have been
used. Justices Parker, rIaight and
ray "r2 those who concur III tie re
suit but dissent as to some q tho
pom : decided
The prevailing op'r,cn is written l.
Justice Werner. Cr Rochester,. his
principal ground for reversal lciig
that the lower court erred in admit
ting evidence Is 10 GnCt,lCr alleged
crime. the death or Barnet. ard thus
merged two icSCcs. Justices Bartlett.
Nann :rd O'Ericl concurrcd in the
prevailing opinion. and for the cx-
punG.ng Cf the Barnet testimony.
Ill fIn -, T.,..
not believe that the Barnet evidence
ahoull lie kept cit're,y crt cr the
case.
The Court gave cut n condensed
statement OF the reasons fo. granting
The new trial. -hcy say:
Every member Of the Court of An.
pcals agrees for tho reversal of the
Judgment a. conviction OF MolncuX
cn e ground that the trial court
cr'cd II receiving IN evidence the
d"cla atoms Of Barnet made Ia HrS
Phillips anl Douglass. that Ic had
received kutlow powders through
Tie mail.
An agrcc tina, since the amend.
mont of SectiCl OF ChaDt,r. 30 of
tlc laws q" 1850 hy ChHptor 80 of
IN" laws cf lSSS. genuine writings
may hc received i'm evidence rs stand.
writing although such writing may
not he the issue on trial. but simply
i fact relevant and material to that
issue. That the Gcnu.ncncSS Of such
writings must hc established tn the
satisfaction of the Court Ivy common
law evidence. and when that is done
handwriting experts may compare
the disputed writings with the gcnu-
me writings ana give their opinion
thereon. but they cannot select and
establish the standards of comparison.
and then compare them with the dis
putcd writings
"All writings proved TO the Satisfac-
tion of the Court by a prcpondcrancc
of evidence in civil cases. aud beyond
reasonable doubt in criminal eases.
CD by witnesses who saw the paper
written or To whom it had been &C
lI.owlcdGcd. t2) 10y witnesses familiar
a the handwritin" of the person
urged To he the writer and who are
able 10 testify from the!r familiarity
II Il belief respecting its gcnuincncSS,
60 where the writing is shown TO
have been recognized and acquicSccd
i'll 10y the person supposed To have
written it. or adopted and acted UPON
10y him in his business transactions
or other concerns. may. under the
statute, he compared with the dis
puted writing by witnesses. Bui the
Court should refuse to receive in cvi-
dcncc solely for the purpose of COM
parison any writing otherwise pre-
judicial to Il defendant.
The only subject about which the
members of the Court differ i'm their
opinions. relates To the testimony in
troduced tending To show that Moli-
ncuX caused the death of Barnet by
the same method rs that used in talk
ing the life of Mrs Adams. -Four OF
the members of the Court. O'Bricn,
Bartlett. Nann and Werner, agree that
the evidence should not have been re-
ceived. The other three Justices
Parker. Gray and HaiGht hold that
that evidence is admissible, in that
the evidence in the Barnet case point
ing toward MolineuX, tends to identi-
fy 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 writ
ing opinions to that effect"