Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-10-30
INADMISSIBLE.
important Point for Defence in
the MoIineux Trial.
Mamie MeIando's and Detective Far
rel's Evidence Cannot Be Used.
Prosecution CIoses-Oefence Only
Wants About Two Days.

New York, Oct. 29.-The prosecution
in the Molineux case rested. today. af-
ter the defence had securd an impor-
tant advantage in the decision by JUS
tice Lambert that the reading of the
testimony given at the first trial by
Mamie Melando and Detective Farrell,
both of whom are beyond the iurisdic-
ton of the court, was inadmissable.
The greatest part of the session was
devoted to the examination of a hand
writing expert. who like all those who
have preceded him testified that one
hand wrote the poison package address,
the Barnet and Cornish letters and let
tiers admittedly written by Molineux.
The presentation of the case for the
defence is expected to occupy not more
than two days and interest centers in
the question whether Molineux will
testify in his own behalf.
Justice Lambert, at the resumption
of the trial, announced that he had de-
cided to exclude the testimony of
Mamie MelandO and Joseph Farrell
given at the last trial of Molineux
which the prosecution wished to have
read to the jury. Both of these for
mer witnesses live in New Jersey out
side the jurisdiction of the court and
the proceedings in the case, Tuesday
closed with arguments on admitting
the testimony in the absence of wit
nesses who cannot be compelled to at
tend the trial.
Miss Melando was the first witness
at the trial to connect Molineux with
ha nd "a
testified that he saw Molineux in New
ark with a small package the day the
bottle holder was bought in that city.
Now that your honor has ruled"
Ex-Governor Black said, Il want to say
that neither l nor any of the other coun
sci for the defence have done anything,
procured anything or know OF anything
done 10 keep witnesses from the state OF
New Jersey or elsewhere from coming
here TO give testimony. / have not dodg
ed any ISSUE / have made the fight
against evidence strictly within my le-
gal rights as counsel for the defence
Assistant District Attorney Osborne
called Daniel T. Ames. handwriting ex-
pert. as his first witness. Ames said. as
all other experts have said that the same
hand wrote the Barnet and Cornish
letters and the addresses on the poison
package. He said he had compared those
writings with the conceded writings of
MollneuX ana Is convinced beyond room
for doubt that his hand made the dis
puted writings.
Counsel for the defence" Mr.. Os-
borne said. has conceded that one han.
wrote the Barnet and Cornish letters and
the poison package wrapper.
Counsel for the defence has conceded
nothing of the sort" said Ex-Governor
Black. Counsel for the defence conced-
Ell that the defence knows nothing about
these letters and does not expect to dis
pute the contention of the district attor-
ney."
Justice Lambert's view of the situa :
ton sustained the defence and Mr.. Os
borne did not finish his question.
Invited to give reasons the expert told
at great length where he had found sim
ilarities in 50 or more exhibits he has
.examfIcd and compared.
Under INSTRUMENTATION by ex-Govern
or Black. Mr.. Ames said he had been
mistaken more than once.
Andrew S. Knowles, cashier of the
Merchants National Bank, was called as
an expert in handwriting. He said he
made careful study of all the writ
ings and believed that all were made by
one hand
Ex-Gov. Black had no questions and
Mr.. Osborne announced that the case foi
the prosecution was closed.
At the suggestion of counsel. Justice
Lambert suspended further proceedings
until tomorrow.
In the course of the discussion previous
to the adjournment Ex-Governor Black
said he felt he could complete his side
of the case in two days.