The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-10-24
THE BARNET LETTERS EXCLUDED.
Judge Lambert Rules That as Evidence They
are Improper.
lBy the Associated Press. }

New York Oct. ga strong point was
scored by the defence in the trial of Ro-
| land B. Molineux today when Justice
Lambert ruled out the Barnet letters.
Justice Lambert decided that as evidence
| the letters must be excluded as improper,
but that he was willing to admit them
simply as standard of comparison in
| hand writing. The counsel for the de-
fence were highly pleased with this de-
cision. 1t is in line with that of Il c
| Court of Appeals, which held that the
| testimony relative to the letters, given
at the first trial, was irrelevant.
Mr. Osborne attempted to put the let
ters in evidence during the testimony of
Nicholas A. Hickman, who kept letter
| boxes and who testified in the last trial
| that Molineux rented letter box from
him and received twenty or more letters
addressed H. c. Barnet. As soon as Mr..
Osborne asked him about those letters,
ex- Governor Black objected.
81 exclude the evidence" said the
Court
Il think / can convince Your Honor. y
Mr.. Osborne said, THAT the letters ara
competent.
Counsel approached the bench and be-
gan W SDetih III an ulucfIODe.
"Never mind" said the court. 81 re-
member all about it. Under the decision
CT the Court of Appeals, the Barnet
series of letters was excluded as I'M
proper as evidence. Despite that ruling
was willing to admit those letters as
standards of comparison in hand writing,
because ] did not regard such admission
as the violation of the Court of Appeals
decision. but any further use of them
would violate the ruling and | viii not
permit it,
Mr.. Osborne made another attempt -
get the letters in evidence. He called
Henry c. Lockwood from the general
postoffice to identify the stamp and tho
cancellation marks on the poison pack
age wrapper Lockwood said they proved
beyond doubt that the package the
wrapper held was mailed at the genera,
pcstoftice. Then Mr. Osborne showed him
4 bundle of the Barnet letter envelopes.
and asked him to tell by the cancellation
marks at what time they were mailed
Il object" put in the defence.
Il lave the right to show" Mr.. Os.
borne said, that this defendant had the
opportunity to mail these letters. to raise
the lcint that they were mailed at !hc
hour at which l can prove he passed the
general postoffice each day.
Excluded, ruled the Court.
Mr.. Osborne read the postmarkq on
the Barnet envelopes to the witness. and
asked him hat they indicated Again
Mr. Black irterDosed and Mr.. OsSorue
sat Gown at the single word, "Exclpdei
from the Court
Among the other witnesses heard to-
day were John B. Adams. who testified
concerning the trouble between Molinnux
and Cornish, and Prof. Withaus. who told
of the examination of Mrs Adams in
teInal organs and the evidence of poison
ing found. Ex-Governor Black conceded
most o. the evidence offered BY the prose
outtoh in order to save time. admitting
That Mrs. Adams died of cyanide of mer-
curry poisoning.
NJ. Osborne read, by virtue of a ruling
of tic Court. theN statement NClineux
iade in the coroner's court that he never
had made any cyanide of mercury Be
fore the coroner. Molineux also said that
lie could not recall ever seeing any of
he blue paper with the interlacCd cres-
cent clests. and mover had used such
paper. During the past trial and again
TO-DAY, Molineux's counsel admit &C that
MolineuX owned such paper.
An adjournment was taken until tomor-
low.