New-York tribune., 1902-10-30
MELANDo TESTIMONY OUT
JUSTICE LAMBERT THINKS IT SAFER
TO EXCLUDE IT.
PROSECUTION IN MoLINEUx CASE RESTS
BLACK VIGOROUSLY DENIES W.T.
NEssEs WERE KEPT AWAY.


Assistant District Attorney Osborne closed the
case FOR the prosecution in the trial Of Roland
B. Molineux early yesterday afternoon Justice
Lambert having continued the morning session
20 permit all the evidence for the State 20 be put
IN. Then a recess until this morning was taken
20 permit the counsel for the defence TO get their
evidence ready Ex-Governor Black VIII make
an argument this morning a motion to have
the case taken from the jury. the ground that
there has not been presented sufficient proof
that MolireuK had any connection with the
sending OF The poison that caused the death OF
Mrs Adams. He said yesterday that the coun-
eel had not decided whether Molineux should go
the witness stand.
Al the beginning of the session yesterday
Justice Lambert decided against the admission
~ the testimony given by Mary Melando and
Policeman Farrell. OF Newark. at the former
trial. and ne held to the decision after an argu-
ment IN which District Attorney Jerome went
TO the support Of Mr.. Osborne. The loss OF the
testimony OF Mary Melando that MolineuX once
owned the egg blue paper which one OF the
disputed writings appeared was regarded as
n victory for Molineux. Justice Lambert's de-
cision announced after Mr.. Osborne had
called to the stand Daniel 7. Ames a hand
writing expert. who was to be his last witness.
I have concluded to exclude the evidence"
Justice Lambert said. FOR the reason that
hnd the law IN a very unsettled condition
this question. This testimony would tend 10
burden the case. While I am not altogether
clear on the point. I think II better 10 exclude
the TESTIMONY
Mr.. Osborne said he would like 10 be heard on
the point. He understood. he said that the
Court had reached its conclusions the ques-
tion OF the common law.
7 can prove that a witness has been kept
away by the defence" he went on. Under these
circumstances the general maxim OF the law is
that no take advantage Of HIS own
wrongdoing."
THE OBJECT Is TO BE RIGHT"
The object is 70 be right" replied the court
so that any discussion leading up TO this point
IN so important case is proper"
Mr. Osborne made a further argument. de-
olaring that there should be no distinction be-
tween the criminal and civil codes on the point
he had raised.
This case is important one" Justice Lam
bert said. land the questions should not have
been raised here. Still. the law is not at all
clear. and great weight should be given 20 the
arguments of the counsel for the people. There
IS, however much doubt about the matter
that have decided to exclude the testimony"
Now that your honor has ruled" eX-Gov-
ernor Black said, drawing his tail figure 20 fits
full height and speaking slowly and emphat-
ioally. Il want TO say that neither nor any OF
the other counsel for the defence have done
anything. procured anything or know OF any
thing done 10 keep witnesses from the State OF
New-Jersey. or elsewhere, from coming here 10
testify. I have not lodged any issue. I have
made the fight against that evidence strictly
within my legal lights counsel for the de-
fence ] have always kept within the right OF
a lawyer and have sought 10 try cases by legal
evidence presented 20 the jury. I am not COM
petent 10 try case by proclamation OF innuendo.
Neither am ] equal TO the task of answering
insinuations against my professional honor, or
% 10 reply TO the charges made, except by a dis
tinct disavowal OF them. and that I now make
in the name OF all the counsel for the defence ."
i cannot quite see the relevancy OF those re-
marks said District Attorney Jerome in reply.
There have been proclamations and no
charges. What was said on that subject was
said by me personally face TO face with the
counsel for the defence. ] distinctly said there
was no charge, but there was a neglect prop
erly within the scope Of the District Attorney
Tor investigation. SO far the jury is con-
cerned everything done has been done openly
\ In court. and yesterday myself suggested that
this was not a proper matter for discussion in
the presence Of the jury No charges have been
made anywhere except such as have been made
before your honor in court here, and which we
have offered TO sustain by proper legal pro
cedure- acquiesce in the ruling Of the court
but maintain that position has been proper.
We take hack not one jot or title OF what has
been said"
Mr.. Jerome spoke in a low voice. with some
evidence OF excitement. His hand as he stood
70 speak rested on Mr. Osborne
1 expect" ruled the court, that the Jury
VIII take no cognizance Of this discussion
There is no evidence OF this proceeding before
the court and the jury viii regard the matter
as II nothing had occurred. II now stands as II
no attempt had been made 10 introduce the eyi-
dence.'
WRITING EXPERTS TESTIMONY.
Ames testified. as all the other writing ex
perts had, that the same hand wrote all the
bafhet and Cornish" letters and the ad-
dresses on the poison package. He said ne had
compared those writings with the conceded writ
ings OF MolineuX, and was convinced bevond
doubt that Molineux did the writing.
Under severe cross naination bv ex-cSo,-
efhoS Black Mr. Ames admitted that he had
heen mistaken more than once notably when
he pronounced genuine signature Of Controllar
Edward NJ. Grout 10 be a forgery. and Uben. IN
San Francisco he testified as 20 how a zvritin,
Was executed and the sort OF pen used and il
was later developed that the forgery was made
with brush. The witness fenced viii, coups.,
before making the admission but Justice
Lambert overruled Mr. Osborne's protest snS
made him answer N
Yen can take an exception NJ Osbor,a >.
the court said.
The prosecution can take no exceptIon'' said
tn the general laugh.
Al the end OF NJ Ames's testimony Mr.. os
borne announced that the case for the prosecu-
tion was closed.
AT Mr. Blacks request John F. McIntvre was
recalled for a moment. He said he srst ,nst
Mrs. Florence Rogers in 1897 He VS. ~. 1,'en ~
counsel prior 10 that year Mrs Rogers test,[s5