Omaha daily bee., 1902-11-12
MOLlNEUX IS NOT GUILTY
Jury Reaches a Verdict in Just Twenty Five
Minutes.
CHEERING EXTENDS TO THE STREETS
More Than y Thousand Women FIN
the Court Room 60 Listen to
Closing Arguments IN
u Case.
CHEERING EXTENDS TO THE STREET

the case
NEW YORK, Nov. 1.-THE Molineux jury
was brought into court at 1886. At the
same time Molineux was taken from the
Tombs into the court and District Attorney
Jerome was summoned. On his arrival the
court room was locked and no one was al
lowed to enter or leave 1t.
The jury returned a verdict of not guilty.
The Jury remained out just twenty-five
minutes. When the foreman announced the
verdict OF acquittal there was much APP
plause and the cheering extended to the
crowd waiting outside in the corridors and
on the streets.
Hiring of Letter BoN.
The prosecution took up the matter of
the letter boxes and declared the hiring Of
the Koch box in Cornish's name was an act
of hostility to Cornish. Talking of Koch,
who sold to a newspaper an identification
of Molineux as a man who had talked to
him on December II, 1898. about hiring a
letter box, Mr.. Osborne said he would not
himself insult the jury by asking a con-
viction upon such evidence.
The assistant district attorney dwelt st
some length on the talk Mollneux had with
Heiles before Heiles wrote to Stearns & Co.
about HaTpster and demanded:
Does not that show hostility toward
Harpster? Molineux had nothing against
and yet he tried to do him the greatest
harm he could, deprive him of his job.
what would ne not do to Cornish?
Mr.. Osborne began to talk about the Bar
net letters.
THE man who wrote those Cornish let
ters had the Barnet case in mind" he said,
when Ex-Governor Black interrupted with
an objection which Justice Lambert sus-
tanned.
Mr.. Osborne, however, declared he was
we'll within the evidence and the court per-
mitted him to proceed.
Motive of MoIineux.
This defendant and Barnet" Mr.. Os-
borne continued, "were friends living near
each other on the same floor of the Knick-
erbocker Athletic club. They were paying
attention to the same woman. She re-
jected Molineux. Barnet died and eight
days later Molineux bought for the woman
an engagement ring. The wedding was
very sudden
Mr.. Osborne took up the Burns. Cornish
and Barnet letters, the first two asking for
certain remedies and the third for a mar
rage guide" and declared that the envel-
ODe mdICneu INT paper VI II ~ iCh
ter and that the wording of the conceded
Burns letter was identical with the word
ing OF the Cornish letter.
This case" counsel said in concluding
his talk on the handwriting. docs not de-
pend upon any witnesses who may lie, but
on the common sense and intelligence OF
the Jury. Ex-Governor Black said in de-
hning circumstantial evidence that every
circumstance must point to the one man
as the magnetic needle points to the pole.
Every circumstance in this case points to
Molineux."
Asks for Conviction.
Mr.. Osborne in his peroration pointed out
again the circumstances upon which he re-
lied for a conviction, turning at each men
ton Of Molineux's name to point his finger
at the defendant.
Molineux sat unmoved at the arraign-
ment, but attentive to every word OF IT.
Not so with his father. The old general
was visibly affected by the words Of the
prosecuting oficer and Cecil Molineux, the
prisoners brother, was very nervous.
In his concluding words Mr.. Osborne
begged the Jury not TO let their feelings
run away with their judgment and not to
refuse to convict through timidity.
1t was past noon when Mr.. Osborne was
through ana then Justice Lambert suspended
proceedings until 1:15 o'clock.
Charge of the Judge.
At the afternoon session Justice Lambert
delivered his charge.
Katherine ]; Adams died Deem;
Der 2s. 1898. and the defendant is charged
with the responsibility for her death. The
defendant may he convicted. If you think
the evidence adequate of murder I'm the first
degree, or II you think well of murder in
the second degree or of manslaughter In
the first degree or of m~anslaughter In the
second degree.
Justice Lambert read from the statutes
the definition of the various degrees of
homicide, laying stress on the necessity of
elaboration and generalization to constitute
murder in the first degree.
1t is contended here by the people that
II this defendant is found guilty he will
degree. The defendant by his counsel has
made no argument in this regard. but you
are required to consider those things in
reaching your decision.
The defendant is presumed to be inno-
cent until the evidence shows his guilt
beyond a reasonable doubt. The burden
OF guilt never shifts. 1t is with the
state to prove guilt and not with the de-
PENDANT to prove Innocence. 1t Is not
necessary to impart to the jury the legal
definition of a reasonable doubt. II his
guilt has not been shown TO you beyond
a reasonable doubt you must acquit him.
A reasonable doubt should be actual and
substantial and not founded on a mere
possibility.