New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-10-21
AGAINST BARNET LETTERS
JUSTICE FORBIDS REFERENCE IN OPEN
ING
CORNISH TESTIFIES-COURT CAUTIONS
OSBORNE TO KEEP IN BOUNDS
To RUSH TRIAL.

The second Molineux trial got into full swing
yesterday. the twelfth juror being obtained. the
prosecution making it's opening address TO the
jury. and Harry F. Cornish being one of the
witnesses examined The real feature of the
day was the absence in Assistant District At
torney Osborne's remarks 10 the jury OF any
reference to the Barnet letters. Mr. Osborne and
counsel for the defence had asked Justice Lam
bert for ruling. the prosecuting officer arguing
that he had a right to introduce these letters as
handwriting comparisons. and the defence as
serting that the ruling Of the court Of appeals
in granting trial barred them from any
introduction whatever at the trial
Justice Lambert gave no ruling in court yes
terday. although ne expected 10 do so, and
1t said that counsel. after a conference
with him. had agreed not to mention the letters
in Mr. Osborne's opening address.
Justice Lambert in several admonitions to
Mr. Osborne showed that he was determined 10
conduct the TRIAL on strict lines and keep the
pr,. ecution strictly within its boundaries The
court also made it apparent that he will rush
ths trial
'a.sl room 7vas cragyded with tales,1en when
sourt opened. David n. CarvaIho and Albert II.
Tyrell. handwriting experts. who are to contra
dict each other as opposing witnesses sat side
b. side
The published stories that Molineux and his
wife Will be among the witnesses for the de-
fence. while possibly true. are merely rumor
Barlow S. Weeks. of counsel. made this state
ment:
The counsel for the defence have not de-
cded what for the defence will take AS a
matter Of course cannot tell what answer we
have TO make until the question is put When we
know what the prosecution offers we shall know
what to offer IN disproof"
When the name of Alexander Dow was called
there was an indignant protest from the body
of the court Justice Lambert called the pro-
testant TO order. He gave no name. but said
he appeared for Mr.. Dow, who married Maude
Furniss the actress, last Wednesday, and did
not believe II reasonable to expect him to leave
his honeymoon for the court room Justice Lam
bert authorized the man TO tell Mr. Dow not 10
disturb himself
w. 5. Haring the twenty-sixth talesnan. was
ager of the Haring Machinery Company. nj No
IL Broadway and lives at No. ; West One-bun
dred-and-tenth-st II appearances may be
trusted the average age of the jury is close TO
fifty years. This is the jury:
THE JURY.
ninthst manager at No 10 Waost lis Oh flsh'y
No. FRANK H. GOULD. No. 2H West One-hun-
dred- and twenty -eight-st.; music publisher No
s67 Broadway.
No 3-JOHN c CATOIR No 2s Hamilton Terrace.
OF the Gator SILK Company. No PIP West Twen-
No. 4-EDwIN H. LovELEss, No. 10 West Twen
Trade. No 90 Nassau-st. u
No. John HAUPT. Bedford Park superintend-
ent Of Huyler's Candy Factory.
No 6-CHARLEs NJ O'CONNOR. No 224 West
One-hundred- and -sxteenth-st; electrical sun
plies, No 220 West ne-hundred land six teenth-st
No. 7-BENJAMIN J. SMELLING. No West
Ninety third-st commission salesman. No. ls7
No. s-EDwARDJ J. R1CHMONp! No. % West One
hundred-and- thirty -hrst-st; dealer in glass bot
ties. No u Murray-st
No. 9-PAUI. F. MOTTELAY. No go West One
hundred d-and-twenty-thrd 81; publisher, same
No. 1O-JAMEs y II. sLEE. No 1S5 Nes, End-ave.
dealer in bicycles, No. III Broadway
No. u-JOHN j. REDNER Forty-second-st and
Lexngton-ave.; proprietor of Redner's Hotel at
No. nv. F, HARING. No; West one-hundred-
pany, No III Broadway.
It took three panels of talesmen to obtain the
jury. In all $50 were summoned of whom 1911
were actually examined
Edward H. Loveless juror No ubo ac
cording to a story. said year ago that he would
like to see Molineux hanged had a conference
with Justice Lambert. and returned to his seat
in the jury box. Mr.. Osborne and ex-Govarnor
Black then had whispered talk with Justice
Lambert regarding the Barnett letters. The tus-
tice ruled that Mr.. Osborne must not mention
them in his address to the jury This ruling was
not announced
Harry Cornish the chief witness was ona NJ
the first to enter after the talesmen had bean
dismissed. He has aged perceptiblv since the
last trial. and looks as IL time had treated hin,
more harshly than it had Molineux His hair is
almost gray. and he is lighter by twenty nourds
Continued second nare