Evening star., 1901-10-16

/
income OF the institutions was reported as
| $7,111,749. an increase of nearly half mil
| lion dollars over the amount for the pre-
| ceding year. The amount of federal aid
received under the acts of Congress ap-
| proved July 2. 1862. and August 30 1890,
! Was 81 ,S44, IT. an increase of about S75, ,0Oo
| the state appropriations amounted to $2,-
| 916.S37. an increase of $S46,410 The re-
| mainder Of the income was derived from
| fees. invested funds and other miscella-
neous sources.
| REASONS WHICH SAVED MOLINEUX.
Court of Appeals Makes a Statement
Regarding New Trial.
| The New York court of appeals gave out
| the following statement Of the reasons for
granting a new trial to r. B. Molineux:
Every member of the court of appeals
agrees for the reversal of the judgment
| Of conviction Of Molineux on the ground
| that the trial court erred in receiving in
evidence the declarations of Barnet made
| to Drs. Phillips and Dougiess that he had
| received Kutnow powders through the
mail.
'AH agree that since the amendment of
section of chapter SO of the laws of
| 1880 by chapter 555 Of the laws of 1888
| genuine writings may be received in evil
dence as standards Of comparison with
| disputed writing, 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 satisfaction of
| the court by common law evidence, and
when that is done handwriting experts
may compare the disputed writings with
| the genuine writings and give their opin-
| ion thereon, but they cannot select and
| establish the standards of comparison and
| then compare them with the disputed writ
| ings.
IAN writings proved to the satisfaction
| of the court by preponderance of evil
dence in civil cases, and beyond a rea-
| sonable doubt in criminal cases, % by
| witnesses who saw the paper written or
to whom it had been acknowledged: (2) by
| witnesses familiar with the handwriting
| of the person charged to be the writer
and who are able to testify from their
| familiarity to a belief respecting it's genu-
ineness; go where the writing is shown
| to have been recognized and acquiesced
! In by the person supposed to have writ
ten It, or adopted and acted upon by him
| In his business transactions or other con-
| Germs, may under the statute be COM
pared with the disputed writing by wit
nesses: But the court should refuse to re-
ceive in evidence solely for the purpose of
comparison any writing otherwise preju-
dicial to the defendant.
| 1.-The only subject about which the MEM
bers of the court differ in their opinions
| relates to the testimony introduced tend
| ing to show that MolineuX caused the
death of Barnet by the same method as
that used In taking the life Of Mrs. Ad-
ans -Four of the members of the court
| 'Brten, Bartlett. Vann p and Werner
| agree that the evidence should not have
| been received, and the reason for it is
stated In the opinions written by O'Brien
| and Werner. The other three judges
Parker. Ch.s J.. ana Gray and Haight, j.,
| hold that that evidence is admissible in
| that the evidence in the Barnet case
pointing toward Molineux tends to iden-
! tify him as the person who killed Mrs.
Adams while attempting to take the life
| Of Cornish by means of that rare poison
Known as cyanide of mercury, the chief
judge and Judge Gray writing opinions to
| that effect"
Regarding the admission of the testi-
| mony regarding the Barnet case, the ma
| jority opinion says:
| IF the case has been tried upon the the
ory that the only crime which the de-
| fendant had committed was the killing of
Mrs. Adams In the attempt to poison Cor
| nish, the next and final step in the case
| OF the prosecution would have been to
| prove the defendants connection with the
handwriting Of the address upon the poison
| package.
But as a part of the theory or theories
| upon which the prosecution sought to con-
| meet the defendant with the killing of
| Mrs. Adams evidence was offered and re-
| ceived to show that the defendant was re-
| Henry {. Barnet. who came to his death
at the Knickerbocker Athletic Club House
on the 10th day of November. 1895
| Ihe general rule of evidence applica-
4
not prove against a defendant any crime
not alleged in the Indictment, either as a
foundation for separate punishment or
| as aiding the proofs that he is guilty of
| the crime charged.
| What was the motive assigned for the
| defendants alleged attempt to kill Cor
nlsh! Hatred. engendered by quarrels be-
| tween them. in which Barnet took no
| part. and Of which. so far as the record
| shows. he had no knowledge What was
the motive which is said to have moved
the defendant to kill Barnet? Jealousy,
caused by the latter's Intervention in the
| love affair of the former. The mere state
ment or these two motives suff1ces to show
that they have no relation to each other,
| ana that the evidence which tends to prove
| the killing of Barnet throws no 1ight~upon
the motive which actuated the attempt
| upon the life of Cornish. So apparent IN
| deed, Is this diversity of motive in the two
cases that the learned counsel for the peo-
pie upon the argument herein abandoned
the claim that there was anything in COM
mon between them, and ingeniously sought
to create single motive out of the alleged
| 1orger1es by the defendant Of the names
OF Barnet and Cornish. OF course, no in
| Ierences can be drawn from these alleged
forgeries without assuming that the Bar
| net and Cornish. letters were all prom
| erly received in evidence and proved to
nave been written by the defendant We
VIII therefore assume that all of these let
| ters were properly in evidence; that they
| were written by the defendant, and that
ne was. therefore guilty of the crime of
| forgery in the use Of each of these names"
| The news that aMolineux had been grant
| ed new triaf reached Sing Sing prison
at 2:34 O. clock iaIthe afternoon in the form
OF telephonea1neessage from this city.
Warden ,Johnson, said that he would not
convey the news. to. lMolineux until he re-
cefved some official notification from AL
bany, which might ARRIVE in this even
| ing's mail or Tomorrow morning. Moli-
neux's mother. .Yhe y boarding in the vii
ss lsge near the prb5so4, was expected at the
| would probably BE the first to break the
good news to heT son. Recorder Con- be-
| fore whom MoliRedx was tried, when told
| that Molineux Had been granted a new
| trial, said: st hayg 'fo opinion to express >,
His susBiefpns Aroused.
Complaint waSs made to the police this