New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-11-12

PENDANT if they believed that he did mail it, and
II they believed that he wrote the Cornish let
ter they might construe such use of his name
as an act of hostility to Cornish. Then per con
ira, Justice Lambert quoted from Captain Nc
| Clushys testimony to show that Koch when
first seen by the police. denied that his client
in any way looked like the defendant. The Jus
tice also showed by the testimony of Mr. Terry
that no dependence could be placed Koch.
and told them they could take into considera-
tion Koch's statement that he had agreed to
testify to a certain condition of things if he
paid for it,
Justice Lambert declared that the agreement
Koch made to sell his story exclusively to
newspaper and to receive his pay when he
swore IN the actual trial to the truth of his
story a felony.
Those the main facts in this case he
said IF you believe the truth of what the doc
tors and what Cornish told you. you will believe
that the murder of Mrs. Adams was inadvertent.
That leaves but one thing for you to consider
here. Did the defendant write that poison pack
age address? No one him write that adj
dress. No him mail it, no one saw him
put the poison in that bottle The people must
establish by circumstance those facts so that
you are morally certain the defendant is guilty
under the rules the court has laid down. under
reasonable doubt
Another branch Of this case 10 which I de-
sire to refer is this. The defendant has a per
feet right 70 try to point out the man he be-
leves to be guilty of the crime of which he
stands accused. but he is not bound in his
defence to present sufficient evidence to con-
vince YOU of that others guilt He is entitled TO
| the benefit of any doubt ne may arouse"
MAILING OF THE PACKAGE.
Justice Lambert took up the mailing of the
| poison package a the General Postoffice and
| said the Inference was good that it mailed
| between > and o'clock p. m. on December %
| 1898 and remarked that evidence had been
I submitted as 10 the time it was received at the
club
| IF you believe the testimony of Professor
| Vute. Of Columbia" he said. "Molineux could
not have mailed that package He has not
been shown to he within reach Of the Postofice
the time the package was mailed. The de-
! fence claims that Cornish was there Then there
| is the testimony OF Mrs. Stephenson. I am not
going discuss that II that woman told the
! truth, that ends this case and eliminates Mol
| ineux n she Cornish mail that package
| this defendant is not guilty. II is for YOU to
! investigate this matter and decide for your
| selves Cornish says he was in Mr.. Sullivan s
! office all that afternoon. and his witnesses sus-
tain him Cornish says he had no overcoat.
| Mrs Stephenson said the man she saw had a
! brown overCoat. Cornish told YOU he did not
own an ovsrcoat but his evidence at the last
| trial shows that he did own an overcoat. and
/ that n was brown overcoat"
Justice Lambert repeated his admontion TO
! the jury to weigh all tho evidence presented 70
! them. and to return the verdict dictated by their
| conscieuceF Then he resumed his seat behind
! the bench
OsBORNE's REQUESTS.
Assistant District Attorny Osborne rose and
| said:
| Il ask your honor to charge the jury that
| there is no evidence to show what time the poi
| son package reached the club
! That is for the jury to remember and deter
! mine" replied the court
| Il ask your honor" said Mr.. Osborne again.
| TO charge that the claim Of the prosecution is
! that the defendant procured the bottle holder
/ either through himself some one else
! If You So determine" said the justice.
/ YOU must find the other person and determine
! that it was procured at the instance Of the de-
| PENDANT"
I ask that your honor charge the jury that
! there was no evidence of enmity in the mind OF
( Cornish toward the dead woman"
| The jury will he guided by the evidence -
| ruled the court They can't guess at anything
! like that
| That has been the contention of the prosecu-
| ton Mr. Osborne urged
Il have already told the jury they must not
guess at the intention Of the prosecution That
! is a statement l make voluntarily and for which
/ you not blame"
I II hope am within my rights The evidence
| shows
; Never mind the evidence now" ruled the
! court sternly. IF YOU have more requests to
make, make them"
! Mr. Osborne had nothing more to say, and
| Justice Lambert asked Ex-Governor Black IL he
| had anything to say against Mr.. Osborne's pro
position that the jury take the handwriting ex-
| hibits to their room.
I think" Mr. BLACK said. that that would
he giving undue prominence to the handwriting
| testimony
You object. them" queried the court. THAT
| settles it. The jurors cannot have the ex-
! hibits."
The jury retired at 3:15 Justice Lambert
had spoken just five minutes under two hours.