New-York tribune., 1902-10-31
TO MAKE SHORT DEFENCE.
ENsGoVERNOR BLACK NOW EXPECTS To
PIT MOLINEUN on STAND.
sAa-s WHAT DEFENDANT MAY DESIRE WILL
NOT COUNT-COURT DENIES MOTION
TO ACoUiT

TO ACoUiT.
The Molineux trial yesterday adjourned
until to-day aftei d short session, at eN-'IoN-
.er-lor Blacks request. he explaining that ne was
not quite ready make his opening address 10
The iury. as Assistant District Attorney Os-
l,orne had finished the prosecutions case much
sooner than was ant ;cipated. Asked II MolineuN
would take the stand in his own behalf the eN-
Governor said:
There is "A strong likelihood that We shall
call Mr.. MolineuN. but nothing mas been de-
.cided. II you ask ine is there every probability
that he will take the witness stand VIII tel
you yes ! am To haze talk with Mr. MoineuN
presently. but what he may desire or not desire
viii have nothing TO Go with what we shall do.
The case is IN my hands. and il 1 decide TO call
the defendant he viii testify If decide not to
cali him no one can put him on the witness
stand My presen. intention is to call him.
what are you going to say in your opening
address,"
There il nothing 60 contend, nothing 10
answer J have followed the case carefully, but
for the life OF me ] cannot see anything against
this defendant. ] dont believe shan talk to
the Jury mort than five minutes.
Aner portions Of MolineuN's testimony at the
frst trial had been read Ex-Governor Black
made his formal motion to the court 10 direct
the Jury 10 acquit the defendant on the ground
that the evidence was insufficient 10 warrant a
conviction: that there was no evidence thai the
defendant ever made, purchased or had IN MS
possession cyanide Of mercury, bromo Sellze!'
The bottle containing these ingredients, the sil-
yer bottle holder. the small envelope, the box or
any Of the contents Of the so-called poison pack
age: that he never mailed placed this pack
nse or caused il 10 be mailed TO Harry ;. Corr
ossh and that there WAS no proof whatever con-
meeting the Defendant with the crime, the entire
case resting solel on the opinion Of witnesses as
10 handwriting.
.~rbe exact situation is this Ex-Governor
BLACK said: There is absolutely nothing against
this defendant except circunstantial eFidence-
notbing but the testimony Of handwriting eN-
perts. a class Of witness which some OF the
courts even refuse to have sworn. In the evil
sence which is now before the court there Is
.,otbing 10 show that the defendant ever pur-
chased the poison or bottle holder or mailed the
,,o,son ,ackage II is important that If there as
no evidence. in the opinion Of the court the
case should not go to the jury, so that no OPP
portunity be given 10 do injury to this de-
fendant. This is crisis in the defendants az
fairs.
We are willing TO concede that al the ume
the bottle holder was purchased in Newark me
defendant was in that city, but so. also were
.50O0O other souls. We are willing TO concede
that Al the time the so-called poison package
was mailed in New York the defendant was
hare n,lt so were more than two million more
We concede that the defendant lived in BROOK
lvn and might have passed the New-h ork POST
Office 10 get there, but there are more than
million Others who live in Brooklyn. In short
we can see no reason why out Of the community
of more than three million souls the attempt
should be made 20 single out this defendant ana
fix upon hira this crime
for he fnTe j
tice Lambert said, and VIII hear all the evi-
denceH
Ex-Governor Black seemed surprised and dis
appointed.
Three of General MolineuKs business partners,
Messrs Devoe Page and Drummond, were in
court sitting in the Enclosure to the right Of the
justices bench They shook hands with the de-
fendant they passed him.
Ex-Governor Black. District Attorney Jerome
and his assistant Mr.. Osborne, had whispered
conference with Justice Lambert soon after
court opened, and then Mr. Black returned TO
his seat, to report 10 his associates hessrs.
Weeks and Battle.
the District Attorney 10 the reading OF all Moli-
neuxs testimony al the ooroner's inquest TO
the jury.
Mr. osborne for the prosecution. read into the
case the evidence MoineuN gave as 10 his guar
rel with Cornish, and the defence wanted TO
read his statement made al the time, that he
never hired letter box in his life.
Justice Lambert ruled that new matter
from the testimony might be read, but per
mitted Mr.. Weeks read the question and
answer that point made 10y the defendant TO
the coroner's jury. Mr.. Weeks also read from
the minutes Of the inquest the testimony Of
Mrs. Rogers, which the defence declares diff
fers from the testimony she gave at the first
and second trials
Public interest In the case. indicated by
the attendance in court at its highest
An hour before the time for opening court the
corridors were crowded. and the long line OF
and women reached through the doors of
the Criminal Courts Building into the street
Many were denied admission, but sufficient got
beyond the dOoTkeepeT 10 crowd the courtroom
10 uncomfortable degree.
Justice Lambert in his seat precisely at
1880 MolineuN was brought in in time to hear
the roll Of the jury called. His father and the
Rev Dr. Lindsay Parker, % Brooklyn, sat on
either side Of him. the lawyers gathered to-
ge;her for their moments consultation before
opening the proceedings
Justice Lambert warned the jury not 10 dis
cuss the case or to suffer II to he discussed in
their presence.
KNOCKS KEEPER FROM AHBULANCE.