Barre evening telegram. (Barre, Vt.) 1898-19??, 1902-10-28
THE N0LlNEUX TRIAL,
Prisoners Lawyers Ready to Move
For Dismissal of Case.
RELY ON GRAY'S OPlNlCN.
VIII Contend That state Has Fali'd
10 Complete the Chain of tircunI-
stUntii,l Evidence Proving
the Accused Guilty.

New York, Oct. 2S.-It may he stated
TINA the attorneys for Roland Il. Mol
iAgHX. un tlial for the alleged murder
of Mrs. Katherine j. Adams, will make
Il strong fight as soon as the prosVcu-
lion rests to have Justice Lambert
take the case out of the iury's hands
and dismiss the prisoner on the ground
that the state has failed to show gull .
to the exclusion of every other hIlwtIl-
esis and beyond Il reasonable d nit.
This effort will he based chiefly on
the opinion Of Justice Gray of the
court of appeals in the MolineuX case
when q new trial was granted to tie
defendant. In this opinion Justice II.
Gray held that handwriting testimony.
while admissible as evidence. was n't
of such evidentiary character and
strength as to constitute a link in Il
chain of circumstantial evidence.
That part of the opinion of Justice
Gray referring to the testimony of the
experts is as follows:
As to the handwriting evidence, ! oncul
with Judge Werner's construction of tho
statute; but, while conceding the admissi-
hility of opinion evidence as to handwrit-
ing, / am. nevertheless, indisposed to con
oede to it such evldentiary character and
strength as, like a fact, to constitute q
link in the chain OF circumstantial evil
lonce upon which Il capital conviction
shall depend.
Such tvidenre is entitled to be consid
cred by the Jury as corrohorative Of oth"t
evidence conn. citing tho defendant witt
til, cuIan1f.s:cn of the crime. In view o'
the respo!tsjp..ity imposed on the court II
cApital case think that the circ'l'1l'
stances relied upon to support the de-
f,ndnrt'S conviction should he such as
whoa considered with the opinion evil
denoc. to convince the mind of its abso'
ll,te corre"tn'ss.
contention of the Defense.
T!.p defense will contend that tho
stare has not only failed to complete !;
cllAin OF circulnstantia evidence sh"w-
ing MuiineuN's guilt. hut has acluall!
proved Ivy its W witnesses that Moli
neuX did not lNuy the silver bottle
holder: that he nd not hire the letter
box in the name of III. Cornish auN
has also failed to connect him directly
with the poison package.
Should the motion to dismiss the ease
I've ovcrruled. it is understood that tho
attorneys for MolineuX will offer Z
complete defense. offsetting the testt
nony of the state experts by expert
testimony of their Own and putting OF
witnesses to refute and discredit Ger
tain testimony already adduced by the
state.
Expert Tyrrell went on the stant
again when the trial was resumed
For tine first time he was allowed It
use his blackboard to demonstrate sim.
ilArities in the disputed handwriting
The poison package address and the
conceded specimens Of MolineuN's
handwriting.
There was considerable interest in
the announcement that Mrs. Florence
Rogers. daughter of Mrs. Katherine
Adams, would take the stand at the
conclusion of Expert Tyrrell's testi
mony, and also that Alvin Harpster.
Cornish's friend. would he hear. later
Mrs. Rogers testimony related to the
death of her mother and was largely a
rciteration of that adduced at the for
mel trial. AS usual. former Governor
Black was very aggressive in his cross
examination of the witnesses.