The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1901-02-15
Kennedy Case Decision Which May
Free the Dentist and Give
MOlineux New Trial.
HARD BLOW TO PROSECUTION.
Court Holds That Chirography
Witnesses Must Have Had Pre-
viOus Acquaintance With
the Writing.

REPUBLIC SPECIAL.
New York. Feb. ia decision by Justice
F'ursman Of the Supreme Court to-day in
the trial Of Dr. Kennedy for the murder Of
Dolly Reynolds may save Roland b. Mol!-
neux from the death chair.
Justice Fursman barred handwriting ex-
perts from the stand. 1t was the biggest
victory yet scored by the accused dentist.
Molineux was convicted largely on expert
testimony and II the Supreme Court sus-
tains Justice Fursman a new Molineux trial
will follow.
In brief Justice Fursman's decision is
that merely expert handwriting testimony
is worthless and that a witness must have
had previous acquaintance with the hand
writing I'm question.
The effect of the decision in the Kennedy
trial is to remove the motive which. In the
theory of the prosecution. Doctor Kennedy
had for the killing of Dolly Reynolds. 1t
excludes what is known as the Dolly Rey-
nolds check" for $4,000 and the 'E Max
well and Wife" found in the woman's room
after her murder.
Objected to Experts Testimony.
Expert kinsley said he was famil-
lar with all the handwriting exhibits in the
case, and had compared the admitted hand
writing of Doctor Kennedy with the slS.W,
check and the "E. Maxwell and Vile
written on a patent medicine pad
Now, in your opinion" asked Mr. Hen,
nessey. who wrote the $500 check -. ana
1T is my opinion that" replied Mr.
Hold on: don't answer. object"
Honor, is that this witness is not quaiified
under the law to give an opinion on TINS
subject. He is merely an expert. and mas
lrr LODI Of ~ d.
writing, except from study OF the exhib-
it's
Former District Attorney McIntyre's only
reply was that the testimoney had been ad-
mitted at the first trial and had not been
reversed by the Court Of Appeals.
The Court OF Appeals" said Justice Eurs-
man, was not asked to pass upon II. There
were other grounds sufficient to reverse the
verdict.
Judge Fursmans Reason.
THE question raised by the defense.
Justice F'ursman said, in substance. is of
great Importance. Should an expert be per-
mitted to testify from merely a tuxtaposi-
puted or admitted handwriting. without a
previous knowledge of a persons genuine
writing? 1t is time that the Court OF Ap,
peals settled this matter. 1 have studied
the subject carefully. and / have an opin-
ion based on the statutes and such opinions
as I have been able TO find.
The many decisions which have e1-
amined bearing on the question hold In
common that when testimony concerning
disputed handwriting can be legally ad-
mitted it must be in cases where the writ
ing, signature or document in dispute
must be the vital issue in the case The
weight Of precedent Is against admitting z
genuine or admitted writing in any case
where documents are offered in evidence
collaterally. In the language OF learned
Judge: The law has treated with too great
edge of handwriting
Now. in the meaning of the statute Is
l.rx, a -tN Nfr,sx htI
case which might be called a vital Issue ?
I say emphatically. no. The writings Of
fered by the prosecution are sl3.o0 check
are not the prime subject in this contro-
versy. They are not disputed writings
within the legal definition of the statute.
They are offered as corroboratiye evidence.
The issue here Is: Did the defendant kill
Dolly Reynolds? This is what is being
tried. and not. Did the defendant write on
the medical pad or make a $4,000 check?
1T IL my opinion that experts cannot
be permitted to compare the pad and check
ana express an opinion ! win exclude ex-
Hard Blow to Prosecutf0n.
Mr.. Mcintyre was dumbfounded. When
he got up to reply to Justice Fursman he
stammered and seemed lost on legal sea
He said, after q time, that without the
admission OF the expert testimony mo-
tive for the crime could not be shown.
and the work Of the prosecution would be
Justice Fursman said that the ,notive
would have to be established by legitimate
evidence: The handwriting Of the. defend
ant must be proved by persons who were
familiar with It. II such persons cannot
be found experts cannot be substituted, be-
cause it would be Incompetent testimony.
lection to the jury inspecting the check
book of the defendant. for the purpose
merely of looking at the form OF the
check. but the jury could not legally take
the handwriting into consideration with
"Why, your Honor" exclaimed Mr.. Nc
Intyre. as a clinching argument 'in other
cases you have held that similar testimony
was competent"
THE only reason" said Justice Fursnnan,
II am sure that Justice Williams. at the
former trial, did not exclude the testimony
ns was S because It was not OBJECTED to ay couni
final"
Mr.. Kingsley was excused.
O6cer Sent for Melville.
Justice Fursman ordered a recess to give
time to the prosecution to collect its scat
tered senses and In the afternoon Mr.. Nc
intyTe M % tried to get in testimony ny fsoT other
who testified in the Molineux cases: Otto @.
Mendel Of the post office stan. and Bertram
BANK Mount ay1hs Vernon se we're % % called and
promptly excused by Justice Fursman be-
cause they had never seen Doctor Ken
nedy's genuine handwriting, except as ex-
perts.
Other witnesses were Charles McKelvey.
druggist at Newdorp. who Unidentified sew
eral prescriptions written on a medical pad
which had been left with him by DIR. Ken
nedy and are supposed to have been In his
handwriting. and Chemist Lederle who tes-
titled to making the photograph exhibited
in the case which had been used by the
handwriting experts. Police Captain Price
was directed to go to Jacksonville, Fla,
and get Melville. and Mr.. Mcintyre said
that the testimony Of this witness would
furnish a great surprise. The case viii 60
on at 1870 o'clock tomorrow.
Surprised Their Parents.