The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-09-28
NEW TRIAL FOR MOLINBUX.
The Court Of Appeals Said to Have
Reached This Decision.

{ Action Passed ON Purely Technical
Grounds and Not n Favorable a
the Condemned Man as His Friend,
Had Hoped Would he the Case
/ NEW YORK. Sept. est is learned
from "a reliable source that a majority OF
the judges of tho Court Of Appeals. after
long and arduous discussion. have voted
in favor OF a new trial for Roland b. AIoii-
uoUN- The decision. however. will not be
+ as strongly ia MolineuN's favor as his
family and friends have hoped for
. Tho new trial viii be granted on almost
purely technical grounds. while the broad
principle will be laid down that in case
OF such crime as that charged against
MolineuN no evidence should be excluded
which tends 90 hx the sspousibHity. New
legal principles of the highest significance
Will be cnunciated in the decision.
I There is stiH a possibHity-th as
matters now stand il is rrmoto-that a
change may De made in the decision be
fore the time arrives to announce it. The
Court Of Appeals will meet at Albany
next Monday II is expected that the de-
cision in the NoIiueux case viii be handed
down on the following day. but it may
De postponed until TUESDAY. October s.
} The latest consultation of the judges
took place within the past four days The
majority then declared in favor Of a new
trial \ majority opinion is being pre-
pared now on that basis 1t is not unlike
~ that there will be at least one dissent
Ing opinicn-there may be severaI-as the
learned judges could Lor agree on sew
eraI Of the important points at issue.
/ II has been the general belief Of the
. leEagl profession since the argument OF
the MolineUx case before the Court OF
. Appeals at Buffalo last June that a new
. trial would be granted. The principal
grounds urged in behalf Of the condemned
man We're:
/ The admission at the trial OF evidence
. regarding the death Of H @. Barnet.
which occurred under circumstance
. somewhat similar to those surrounding
3 the death Of Mrs. Adams
/ ? Alleged errors in the admission OF
. evidence Of handwriting experts.
I J. The admission In evidence Of Moli-
neuEs statement before the coroner.
J. The attitude and conduct Of Recorder
Con and Assistant District Attorney Os-
borne during the trial
Upon the argument Of the case in June
the preparation OF an opinion was assign
ed 70 one Of the judges in accordance with
a Weil-knOwn rule Of the court This Judge
prepared an opinion in which he decided
IN FAVOR OF Molineux on some Of the prin-
opal points in the case He submitted
this opinion to his colleagues at A consult
taJon held In Albany on July % al which
there was unanimous decision that A
new trial should be granted
mis- decision, however, was informal
+ ana the Judges parted with the under
SlanGlng that all Of them should devote
. their spare time during the summer ~
serious consideration Of the case
There has been a constant exchange If
l views, IN the form OF letters during the
last Two months II soon became appar-
/ emf that some OF the strongest judges OF
The court 'Eere shifting their opinions ON
/ several Of the leading questions at issue
J EVen the Judge who haG written the orig
/ inal opinion revised his Judgment on some
/ OF these questions.
/ However, II was made clear at the lat
1 est consultation that majority Of the
! Judges are stiH I'm favor Of a new trial
/ -Four opinions were submitted at This
/ consultation
As matters stand the court will grant
/ MOlineuN a new trial. but several OF the
/ most important points in the case VIII De
decided against him, so that the strong
I est evidence for the prosecution will De
available in the second trial
I MoIlEeuX was convicted OF murder in
1 the nrst degree for having caused the
I death OF Katherine Q. Adams by poison,
sent through the mails
I For several weeks a man has been try
. ing 20 sell Information regarding the
. forthcoming decision % the New York
newspapers He has represented that be
obtained his knowledge from a LAWYER
/ who Is a relative Of the judge who wrote
I the original opinion This lawyer has
. made the statement that he never talked
. with the judge regarding the case. and
. that his opinion was only that Whicl was
+ held generally by the members Of the
bar