Spirit of the age. [volume] (Woodstock, Vt.) 1845-1913, 1901-06-22

Been Clearly Established and He
Had No Defence-When Mr. Mil
burn Conclude a 20.Mirute Speech
for tho Prisoner, Chies Jurtice Park
er Called Next Cace-Moireux'
Father a Prominent Figure in
Court.
Buffalo, June ~. The fate of E"lanl
Is. M"linruN, convicted of murder. aS
the poiSoncr of Mrs. Katherine j. adams
al New York in DrcrMbrr. lS!,S, Is il
the keeping of the seven Judges If The
court of appeals. WHO. for three days
past. have been listening 10 the argu.
mrnts for anl against Il new trial.
The appeal waS finally submitted 1T
! - o'clock yesterday afternoon and
the decision will not he announced until
some months hence. when the court
sits at Albany for The fail term. The
strange crime with its complicated plot
and manifold mystery retains Il strong
hold upon popular interest. and the
crowd that sought admission 10 the
court room yesterday was large and
more determined than ever. Excited
men fought for places near the glass
doors where they might sec the actions.
il they missed he wO,dS. of the closing
scenes of the notable argument. ami The
hnililtS had To resort tr force to rrStra in
them.
The principal speaker was former
United States Senator Hill. advocate of
the cause of the people. " ho still had
over three hours of his allotted time
left when court opened. at 10 o'clock.
He Spok" until HE'S. and John &.
Milhurn. attorney for MolnruX. was
heard for - minutes in concise reply.
Mr.. Hill was again forccful ami clo-
Qurnt. and devoted his best efforts To
cOnv incing the court Of the alleged guilt
of the accused. He declared that the
question Of guilt was the main issue
in the ease. and warned the court not
to heed Il plea that dealt in trchnicality.
and urged objections To acts ami rul-
inyS that had not substantially affected
the rights of the accused. II the
courts were to be thus swrlvrd from the
path of duty he suggested that the
mullrrrrS might nrganizrH trust and all
enjoy freedom.
In Il dissertation on the law as TO the
admission of testimony aS TO another
crime. and the use of conceded and dis
putcd writing for he purposes of com
pariSon. he lei the court down 4 Iona
line of authorities and decisions, all
aimed at sustaining the uS, of the Bar
net evidence. and the policy of the lower
court toward the exhibits of handwrit-
ing ut the trial. In this admirably
told story of the law. hc made frequent
reference to the famous TichhOrnr ease
in England, tracing Il similarity in the
admission of certain writings to prove
perjury on the part of til" lucklrsS caim
ant. and in the policy of objection and
obstruction on the part of the defense.
In finally summing up he reviewed
the points previously made by him. and.
step by step. traced ont the main fca-
lures of theory of the ucOplr. He re-
viewed the forged correspondence with
the patent medicine dealers. and pro-
claimed MolileuN as the author of the
letters. the enemy of Harry Cornish and
Henry &. Barnet. the conlpoundcr of
the rare cyanide of mercury used in
both crimes. and the man who mailed
the fatal potion that killed Mrs. Adams.
lie dwell lpngthly upon the failure of
the prisoner to offer Il defense. and
reiterated his assertion hat he had none
to offer.
Mr.. Milb,rn'S reply was largely de
voted to an answer to personal CRITICISMS
AMI particularly to Mr.. MIlburn'S illu,
sion to the fact that throughout his
speech he had not once expressed his
personal conviction of the innocence
of the man for whom he pleaded. but
its strongest feature was the indication
of three points of weakness in he ease
of til" people.
lie drew attention to the fact that the
claim tln, Henry G. Barnet had re
ceived poison Rested solely upon the
hearSay testimony OF DR.. Douglass. who
SwOrr that Barnet said the poisoned
Kutnow powder came to him by mail.
That fact uiI'stabliShed or broken
down. and the chain Of ci,tumStintial
evidence. was parted. lie also directed
attention to the facts that MOlincuX had
not bought the bottle holder, and had
not been Identified as the man who hired
the Koch letter box. without which il
was impossible to fix guilt upon him.
III" again asserted that Srven-rightllSo of
the record was made mp of testimony
that was entirely incompetent and in
admissible.
\ conspicuous figure during the arg,l-
mpnt was General MolincuN, the aged
father of the prisoner whose face told
of the strain that the always spirited
and nj times bitter, review Of the ease
had been tr him.
There was no comment at the clOS"
and as attorneys and spectators left
tl,civ chairs. Chief Justice Parker ca He'd
the next ease.
Both Mr.. Hill and Mr. Milburn were
surrounded by admiring friends. who
protfered enthusiastic comgratulation
for their notable efforts.
"