Evening journal., 1901-10-16
NEW TRIAL
FOR MOLINRUX
Court Of Appeals ReVerSOS
Judgment
Judges We're All for Reversal, But
Dhidd d Is 10 Admission Of The
Rarnet Evidence

Albany. n. Y, oct. 16.-The court |
Of appeals yesterday handed down q
decision reversing the judgment OF
conviction of murder Of the first de-
gree against Roland B. Molineux and
granting him a new trial.
Justices Parker. Haight and Gray |
did not believe that the Barnet evi
dence should be kept entirely out of
the case Judges Werner. Bartlett |
Vann and OBrien concurred in the
prevailing opinion, and for the ex
purging OF the Barnet testimony. The
court gave ont a condensed statement
of the reasons for granting the new
trial. It says:
Every member Of the court of ap-
peals agrees for the reversal of the
Judgment of conviction of Molineux
on the ground that the trial court
erred in receiving in evidence the de-
clarations of Barnet. made TO Drs.
Phillips and Dougless. that he had re-
ceived Kutnow powders through the
mail
"All agree that since the amend.
ment Of section of chapter SO of the
laws of 1850 by chapter 555 Of the
laws Of 1883. genuine writings may
be received in evidence as standards
OF comparison with disputed writ
ing. although such writing may not be
the issue on trial. but simply a fact
relevant and material to that issue.
That the genuineness Of such writings
must be established to the satisfac-
tion OF the court by common law evi-
dence. and when that is done hand
writing experts may compare the dis
putcd writings and give their opinion
thereon. but they" cannot select and
establish the standards Of comparison
and then compare them with the dis
putod writings"
The only subject about which the
members of the court differ in their
opinion relates to the testimony intro
dueed tending to show that MolineuX
caused the death Of Barnet by the
same method as that used in taking
the life OF Mrs. Adams. -Four Of the
members Of the court. O'Brien. Bart
lett. Vann and Werner, agree that the
evidence should not have been re-
oeired. and the reason for it is stated
in the opinions written by OBrien
and Werner. The other three judges,
Parker. Ch. j., and Gray and Haight,
]. j., hold that\ the evidence is ad-
missihle
Case Shows Laws Delay.
This case exemplifes the laws de-
lay in a striking manner. Mrs Kath-
erin j. Adams was killed by poison
in New York. December 2S. 1898, and
Roland b. Molineux. a young society
man of Brooklyn charged with the
crime. was arrested and his trial was
begun November IA, 1899. 1t was not
until the following February that he
was convicted of murder of the first
degree when a motion was made for
new trial, which was argued and re
fused Recorder Goff passing sentence
of death by electricity. He was de
Tended by the ablest lawyers Of New
York, including his distinguished
father. General Molineux, an honoreC
Union veteran. Roland Molineux hat
been in Sing Sing Prison ever since
he was sentenced. and all that tim'
his case has been before the New
York court Of appeals. The Justice
Of that tribunal have had TO glanc
over nearly 5000 pages of testimon,
and rulings In the case, and hav
heard lengthy arguments. Thus ia
the litigation has cost the state @
New York about S125.000, and Genera
Molineux has spent a fortune in hi
attempt to save his son from the ele'
trio chair The poison that kille
Mrs Adams was a package of Ku
now powder sent by mail, by Rolan
Burnham Molineux. II was averred.
the late Harry Cornish. at the Knicl
erbocker Athletic Club. December 2
1898 He opened the package an
found what he thought 10 be bromid
seltzer, and he took It home, an
when Mrs Adams complained of hea
ache he gave her a dose. She hecau
ill at once and died in a short tim
Cornish and Dr. Hitchcock, who taste
the stuff were made ill. Upon chen
cal analysis the powder was found
contain cyanide of mercury Mo
neuxs quarrels with Cornish and h
knowledge of chemistry first direct,
suspicion TO Molineux. Another bott
of the mixture was sent to Henry
Barnet. at the Knickerbocker Gu
and he died there from the effects
the poison. His body was exhum
and was found to contain an acti
mineral poison like cyanide of m'
curry. The oircumstantial eviden
against Molineux was strong. but {
experts led the lawyers into labyrint
and mazes Of technicality and wol
have mystifed the jury beyond me
ure but for the clear and conc
charge Of Recorder Goff.
Cleveland Banks to Consolidate.
Cleveland. o.. Oct 16.-Five of