The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1901-02-16
He Is Confident of Acquittal Now
That Handwriting Experts's
Testimony Is Excluded.
MoLINEUx'S COUNSEL TALKS.
Says, if Sustained, the Ruling Will
Knock the Bottom Out of
That Celebrated
Case.

REPUBLIC SPECIAL.
New York, Feb. 15.-Doctor Samuel ].
Kennedy and his wife seemed in 5ubilant
mood when they appeared In the criminal
part of the Supreme Court this morning.
The prosecution is nearly at an end, and
the man charged with the murder OF Dolly
Reynolds appears confident that his second
trial will result In acQuittal.
His attorneys. Cantwell and Moore, were
delighted with Judge Fursman's decision
on Thursday excluding the testimony of
the experts In handwriting. As they were
not prepared to open for the defense the
trial was adjourned until Monday morning.
Before Doctor Kennedy was taken back
to the Tombs he assured his friends that
il had been established that the bar OF
iron and the bit of lead pipe. alleged to
have been found In his house, did not cor
respond with the bar and pipe used In the
construction of the bludgeon. He also as
serted that. as the case now stands the
only expert evidence touching the indorse-
ment on the back of the 81, 600 check is
that IL Is not In his handwriting.
Mrs. Kennedy Talks Hopefully.
Mrs Kennedy also talked hopefully.
II never thought that they would con-
vict my husband again. and now / am
teller OF the Garfield National Bank, the
only expert familiar with Doctor Ken
nedy's writing. has sworn that he did not
think the Endorsement Of s. ]. Kennedy
was written by Doctor Kennedy
Interest Is felt in legal circles in Judge
Fursman's ruling against expert evidence
where a writing Is not the main issue on
trial. Judge Fursman cited precedents for
his decision. although Forbes ]. Hennes-
sey. special prosecutor in the Kennedy
case. to-day referred to the ruling as uu-
precedented. Judge Newburger of the
Court Of General Sessions declared during
the day that he had given similar de-
cision in a trial about two years ago.
1t Is very certain. however, that expert
testimony has been accepted In many muir
der trials, and Assistant District Attorney
James w. Osborne. who prosecuted Roland
b. MolineuX before Recorder Goff. sent
word to-day to several well-known experts
requesting them to forward TO him lists Of
such cases in which they have been per-
mitted to testify.
Other Cases Recalled.
Doctor r. W. Buchanan. who was ex-
ecuted for murder. probably owed his con-
viction in part to the testimony OF hand
writing experts. The Court of Appeals aus
tained the conviction OF Michael Conroy.
of the murder of James George in Madison
County. The evidence against Conroy in
cluded a letter to a woman containing a
threat to kill George. This handwriting
As is well known, on Doctor Kennedy's
first trial. several experts were allowed to
at the time. and raised the point on 8p-
peal. The Court of Appeals revised the
sentence and ordered new trial. upon the
ground that other testimony had been in
competent, paying no attention to the ques-
ton Of the competency of the expert resi-
mony.
of the United States to testify that Moii-
neux had written the address on the poison
package received by Harry Cornish and a
series Of letters addressed to patent medi-
cine firms.
IF the testimony of handwriting experts
Is not admissible in murder trials. then not
less than half dozen men have forfeited
their lives on improper convictions said
Mr.. Osborne to-day. There are hundreds
OF men now serving terms in State prisons
who have been convicted on this same kind
OF evidence. The Court of Appeals may give
Molineux a new trial. but do not believe.
II 3d. that the ground will be because the
testimony. Of experts in handwriting was
improper"
Molineux's Counsel Talks.
Il do not for moment say that Judge
Fursman Is wrong. 1 was not in court and
did not hear him speak. but I know that
the Court of Appeals has passed upon the
point in other cases and has affirmed many
convictions where experts were examined.
although the writing was no more the real
Issue than II Is in the Kennedy case"
The decision of Judge Fursman Is an in
dorsement OF our contention In the Moli-
neux case. ana. III sustained by the Court
of Appeals. IL will knock the bottom out OF
the prosecution In the Molineux case" de-
clared George Gordon Battle. one of Moli-
neux's lawyers. to-day. The address on the
poison package Is no more a vital issue in
the Molineux case than Is the s13 900 check
in the Kennedy case. Each was simply a
part OF the evidence.
Judge Fursman is jurist OF great learn
Ing and ability" observed Abram H. Hum
mel He has the courage OF his conyic-
In the beaten tracks As he has studied
the question he must be certain of his
ground, although many cases occur to NV