New-York tribune., 1901-06-19
MOLINEUX'S PLEA CLOSED
DAVID b HILL OPENS ARGCMhNi
AGAINST NEW TRIAL.
Mr. MuBURH ATTACKS RECORDER Gof Z
CHARGING FAVOR TO PRosECU ii0''
AND EX-SENATOR DEFENDS HIM


CHARGING FAVOR TO PROSECUTION
AND EX-SENATOR DEFENDS HIM
RYrslo June ls-The final direct verbal plea TOT
s,o,ber chance before a jury for Roiaho D. W.
neux :he alleged poisoner Of Mrs- i 49,
Adams and the first half OF the arsu"'e"' = - a.,
,,eonle we're heard by the Court OF Appears toua''
49, = nr,,h,,-D ,b ,r,pion Of the cause OF young
vol,neux smoke from 10 o'clock unth l'sV' anu
was followed by ex-senator David ID ii-il'
aeld the attention of the court uh'li AU' -
a; 2 O'clock In an address In opposition u "e w "a
trial of the case. Mr.. Hill VIII ciose - -,
morrow. ana with A brief reply for the appe.ia''
a, IN ne s,,britted TO the judgment Of the
court. -. - ,ba
II was day OF oratory stirred AT times 10 the
thrilling poirt with touches OF invecuNe. MI W.
hurr's close was vigorous. He began Win se0oiiu
attack upon the sdmissbili'y OF the Barnet e'i,
dence spent half an hour In ridiculing 'reihols'
sserrations" 'lapses OF energy ana other '"ihsS
developed by the scientific study or pehiidHsiip'
md closed with direct attack upon the P"'iOs
throughout the trial OF Recorder Gof lie charged
the latter with feYorftism toward Assistant pis-
trsct Attorney Osborne, whose methods ne aiso
questioned and prejudice against Barlow > weeks
and IN support Of his contention read the steho-
graphic notes of the Recorders examination OF
Mary MelandO and Nicholas Hickman.
Mr. Milburn dramatically described the eNamina-
ton OF Mary Melando. and denied that the Re
corder had q right TO mention her creed TO her or
admit several portions OF her testimony as evil
dence.
Senator Hiu was equally vigorous. After ex-
planning his connection with the appeal he plunged
into q review OF the case which was an argu-
rnent as to the guilt OF the defendant He strong
ly defended the course OF Recorder Gon and AS
sistant District Attorney Osborne ana the theors
and policy of the prosecution in their entiretg'
REVENGE THE MOTIVE. HILL SAYS.
Starting with the theories OF the people as to
Tlnr hH nl-
lowed them through their lines OF reasoning aho
eontended for their stability and acceptance. lie
insisted that the people had the right 10 SNOW no"
Barnet died, and that complete RECOMMENDATION
OF the two cases possible lie aVowea taa'
.he prosecution was within its rights In showing
.he relations OF Molineux and his wife prior TO
their marriage and asserted that II was the peo-
ple who had suffered wnen the Recorder oroered
the evidence stricken out. lie said Mrs MoilHe"A
had called her marriage romance; lie caAieu ~ q
tragedy Mr. Hin took up suecessively the various
letters written under the names OF cornish anu
Barnet upon the blue paper, crested Win ih'ei
laced crescents, and adjusting them IN their piae
IN the theory Of the prosecution oramaueaiy
proclaimed the guilt OF the prisoner ana isls'eu
that the State had proved its charge
Mr. Hin dwelt upon the description OF hiihSe4i
given nv the writer OF the Marsden diagnosis
hank and asserted that the person oescrioeo Was
Molineux He taunted the appellant iof laiiN'e
10 explain either the Marsden blank or the ffafP
ste letter and, reading the ackiOh4SNsNe 49,
Molineux 10 the Burns Medical Company sala 'nA.
:, was the connecting link the whole series OF
letters He defended Harry Cornish against sus-
pcion or inslnuaton, and asserted the trust"orthi
ness of the mass Of handwriting testimony otereo
bv the State Reviewing the trouble at the
Knickerbocker club and connecting with IL oor-
rish's denunciation of MolineuE and the Harpster
incident he proclaimed revenge as the motive oh
the plot TO kin Cornish and then pictured jealousy
as the motive in the Barnet case The weight oi
ing Nr Hin said. and no defence had peen mace,
because was possible he enafseo tas si,irS t,'
defence feared AN examination Of its hanaWflhhg ni
export David y. Carvalho and theretofe hepI nm
OFF the stand ne inslsSea Iaa and SS with desire
10 do it's sin ole duty, that there had t, besh II"
~ Hi aid not touch the disputed law points and
will into them to-morroW
auLBURN CRITICIsEs RECORDER.
When court opened. Mr. Milburn for Molineux
st once resumed his argument taking up the aonis-
sion Of the Barnet and asserting that there
has been q complete failure 10 connect MoHneuk
with the mailing OF the Kutnow powder 10 Barnet
or any justification the evidence facts 10 war
rant the connection Of the two cases He sub
mitted that the Barnet evidence was all incompe-
tent and its admission an Mr.. Milburn then
passed the handwriting phase Of the case and
contended that the test which MoneuX was sub
mitted by Mr.. kinsiey fair.
Mr. Mburn ridculed the science Of handwriting
experts, and discussed and declared that the TRIAL
10 the expert testimony il any portion OF It was
improper The case must fai, he said He objected
10 the use of MolineuK's inquest testimony at the
trial without any testimony show how il had
been obtained. Molineux had been forced TO take
the stand under threat of contempt and compelled
10 testify, he declared.
. Recorder Goff had resisted every attempt 10 get
the circumstances under which the testimony of the
defendant hao been obtained Moineux should
nave had chance 10 explain, his counsel con-
tended.
Il now approach another important phase Of this
case, said Mr. Milburn, and l regret have not
more tine The defendant had not fair trial He
had not fcir trial because OF the attitude Of the
District Attorney and the attitude of the court In
the twenty-five years have been before your hon
ors nave never had reason 10 complain of a trial
judge ! approach this question with a feeling Of
regret but 10 so none the less freely The -IRe-
corder appeared In this from beginning 10 end
as an aclVe participant the side Of the rrosecp-
noh. he asked questions and cr0ss-eNa mined wit
heeses IN behalf OF the State. The District Attor
ney was allowed the widest latitude and Mr. Weeks
was neld 10 the strictest rule. Mt Weeks was de-
cared unroiessional the record of Con na pes
Goes not show that he acted irnproperly in a engI.
instance. The Recorder constantly referred 10 Mr.
u