The sun., 1901-06-19

ui0 setk4sCuOn OF tl6 COuIt 70 % genuine
may be admitted. This court. In passing
puted writing must be writing which Is
the subject matter Of the action. II that
Is the true construction Of the statute
all this evidence was incompetent and in
admissible. The opinion OF the Court
OF Appeals on this question was unanimous
and no other construction can be put on
1t. Under this statute relevancy does not
apply. The disputed writing must be the
subject Of the action. This statute was
passed 70 enable specimens Of genuine
handwriting Of person 10 be introduced
Tor the purpose Of comparison. where the
genuine writing s not relevant to the issues.
Under the common law II could not be
offered for comparison unless relevant 70
the issues How far does this statute go'
other paper you may wish TO bring ini
say IL means nothing Of the sort
I beg the earnest attention OF the Court
to this statute for this case Ia an illustration
OF what may come out OF such an inter-
pretation as was put on 1t In this case,
Reference was then made TO Judge Furs-
mans ruling in the Kennedy case.
there Is no disputed writing in this case
In the meaning Of that statute7"
Yes, sir" replied Mr.. Milburn. The
poison package address is a circumstance
In the case. an evdentiary document.
If that were true" said Senator Hill.
you never could convict the murderer
in this case"
Pass a new law IL you wish. said Mr..
Mlburn. we are dealing with the statute
as It is
In common law Mr. Mlburn went on.
there could be no comparison between
disputed writings-the comparison must
be between disputed and undisputed writ
ings The comparisons by the experts OF
the Cornish and Barnet letters with the
poison package address and OF tho manu-
factured specimens with the poison address
were all illegal.
And this" said he, let loose on the
jury a, mass Of improper evidence which
swayed its Judgment"
Judge O'Brien asked another question
as TO the address being q disputed writ
ing. Mr.. Milburn insisted that il was evil
dentiary. as showing that some one sent
the bottle. But as II was disputed writing
In the meaning OF the statute IL was inn
properly used In comparison with disputed
writings.
Passing from that discussion. Mr.. Milburn
said that the Recorder had erred in not
allowing the defence to show in what cir
cumstances Molincux had given his testi-
mony before the Coroner's jury. He had
not allowed the defence 10 show that the
Coroner had threatened 10 commit MolineuX
for contempt If he did not take the stand.
The District ttorney had made a speech
describing the artifces he had used, pre-
tending TO suspect Cornish. Coercion was
one Of the subtlest and most dangerous
OF agents. IL was coercion for the Coroner
to tell Molineux to take the stand, for If
ne did not do 1t IL would be said he was
afraid
Il regret TO be compelled TO say" said
Mr.. Nlillburn. that Molneux did not have
Sntr 81 L,.w - o Il.
District Attorney and of the trial Judge
| realize the responsibility of argument on
such point The facts are without parallel
This record will show you how the Re-
Corder particip ted in the trial, from the
beginning to the end, as an active par
ticipant and always on the side Of the prose
Cution. He examined and cross examined
witnesses. called them TO the stand himself
again and again. You will find in the
record more than hundred instances Of
il He admitted everything offered by
the District Attorney, even suggesting q
questions that were improper He would
ask what was the relevancy Of a question
after il had been answered. then say. Yes.
| think that will stand, thus creating an
effect on the jury which cannot he over
estimated The District Attorney was al
lowed the widest latitude and license Ile
referred to MIR Weeks as doing things that
were unprOfesSonal and reprehensihlc.
I'm all the $500 pages Of the record find no
remark by MIR. Weeks not marked with
courtesy
The Recorders examination Of Mark
NeadO, was, he said. tha most axtraor.
binary act in this extraordinary case. lie
took up IIeCkrnans examination, also
The Jurors, he said. followed the example
Of the Recorder. In the cross examination
Of Miss Miller. who sold the bottle holder
there appeared the only suggestion or
reference 10 a false beard made in the ga so,
put there in the form Of "A suspicion by the
Recorder
Il can ina CINE the responsibility Of Mr..
Weeks. said Mr Milburn with the Dis.
trict Attorney licensed TO do as he pleased
and the Court developing and exploiting
every piece Of testimony that seemed 10 he
damaging 10 the defendant and sternly
ruling out questions likely 10 clear him
He created an atmosphere Of conviction.
! solemnly say that | would have decided
that question Just as MIR Weeks did and
presented no evidence. The Court was not
the place for his defence We must seek
court where the administration of criminal
law is a normal thing We seek new trial
where the defendant can 90 on the stand
and tell his story and whore his witnesses
may be heard
Mr. Milburn In closing criticised Osborne
for his speech In summing mp He said,
Il beg Of the court 10 read that summing
up II il an attack upon woman. after
tie Court had ruled out the evidence on
which the cowardly thing was based
SENATOR HILLS ARGUMENT.
Senator Hill wore blue sack coat, omen
and no waistcoat He was quite dramatic
az times His argument was delivered
In much the same manner as his public
speeches in campaigns He recalled the
fact that as Governor he had suggested
and signed the law under which this case
had been brought direct 10 the Court of
Appeals Mr. Milburn's reference 10 Gen.
MolneuXs alleged" bravery was ex-
traneous. he thought lls thought OF
| President McKinley's grand words few
| weeks ago: There shall be no class dis
| tnctions In this free country Of ours
Mrs. Adams was buried and the ro were no
| aristocratic friends in court 10 speak for
| her. The relations Of Cornish and tho
| Adams family had no pertlnency here.
| He referred to Cornish ~ a Jolly gold
| fellow and to Molin-uN as society bird.
| He. too. went into the whole history Of the
| murder and the trial.
Il am her, 10 say" declared Senator
| Hill, that We had u perfect right 10 show
/ Barnet's illness and death under similar
! circumstances.
on Sunday night Mr. Milhurn had served
| him an additional brief. alleging that the
| diagnosis blank was one OF the most i'm
portant pieces of evidence 10 the defend
| ant. yet. Mr., Milbun had made no refer
| cnrr to il. He went on 20 show that the
replies in that diagnosis form fitted Mol
| iueuX, not Barnet. On one diagnosis blank
! the writer had written yes 10 the question
married or single. some evidence IA 10 the
| relations Of persons had been stricken
| ont on the trial Perhaps il would be- hard
! To say whether the writer wa- married or