The Washington times., 1902-09-21
ROLAND B. MOLNElIx

dead; upon which he leapt into the
room and, clubbing with his gun, killed
his wife. Having, as he believed, caused
a triple tragedy, with apparent ex.
citement, his hair unkempt and his
dress disordered-he rushed into the
street and announced that he had killed
Charles Kendall. He was at once ar
rested and indicted for the murder Of
his wife and Kendall.
A Dramatic Trial.
His trial was one of the most dra-
matte on record. He was defended BY
Grenville T. jerks. William H. Robert
son, Stephen s. Marshall. and j. s. MisS
lard. Insanity was the defense The
jury failed to agree and were discharged.
A second trial was held during the en-
suing year, the theory of the prosecu-
ton being that Buckhout, in killing his
wife and Alfred Kendall and attempting
to kill Charles. who recovered, was ae-
tuated by motives of jealousy. Again
the jury failed to agree. They stood
eleven for conviction. The twelfth
juror was an extraordinary character
and was impaneled by curious mistake.
Two men of the same name resided in
different towns in Westchester county.
One of them was summoned as juror:
the other. out of curiosity, attended
when the jury was being impaneled.
When eleven Jurors had been impaneled
and sworn, the name Of the former (who
had not arrived) was called The lat
ter, hearing his name called, answered
and was sworn. Only after the trial
had begun was the mistake discovered.
The clerk was afraid he would get into
trouble If his negligence became known;
he therefore said nothing-told no one
of his blunder.
When the jury retired this twelfth
Juror declined to vote. He said ne
would go TO sleep, and If he should
dream of Buckhout and his troubles he
would let them know the next morning.
His slumbers were denied any dream,
and a third trial was ordered. This
time .the prisoner was adjudged guilty
and was hanged. This is notable ex-
ception to the rule by which con-
victed murderer has been found guilty
in the same degree after the first trial.
1t uluSI nave SSSdPCu Inc AhSAANAJ -
Assistant District Attorney Osborne In
his statement made few days ago to
the contrary.
One Of the most remarkable and par
adoxical cases ever heard in this city
was that of Samuel ]. Proper, who was
tried many times, and whose bad char
acter was his sole defense. This he had
no difficulty in establishing. Proper
sold promissory notes in Wall street
and was arrested on the charge OF hav-
ing obtained money under false pre-
lenses. His counsel set up the novel
defense that a complainant who nae
parted with his money must have useo
ordinary precautions in guarding against
the fraud practiced upon him, In order
to sustain a criminal charge of false
pretenses- He asked that the prisoner
be discharged on this ground.
Proper was discharged, but on another
and equally novel ground OF his BAD
character. Had his character been good
1t would have rendered his conviction
sure. for the complainant. by the ex-
ercise of ordinary prudence, could not
have guarded against fraud. Amid the
wreck and ruin which had oyertaken
Proper he had saved nothing but his
bad character. This he preserved intact
and saved himself from durance vile.
PernapS no more extraordinary SO.
lies of trials are recorded than those OF
Henri Carnal. who was charged xirh
Charles NJ. Rosseau. propri-
,tor of New York lodging house. In
S50-51. Carnal slept in the same room
With two sons of Rosseau. He had beea
here but two or three days-he was
swiss immigrant-when in the dead vast
md middle of the night they were awak-
,ned by some one striking them. They
we're being stabbed to death. The echoes
II the struggle brought the elder Ros-
'eau to the scene. and he was met by
Sarnal. whom he assailed with knife.
Iarnal ran out of the house and into the
Tard and plunged down an area some
orty feet deep. This was in December,
$50. He was found there the next
morning, and later was indicted for the
murder of Charles NJ. Rosseau and ccn-
lemned TO the scaffold. He was respited
" Governor Hunt on a writ of error.
still later he was granted a new trial,
md on obtaining his liberty married,
purchased farm in the West. and -
low the welathiest and one OF the most
prominent citizens in his State.
Will Roland b. Moineux suffer the
cte OF Buckhout and prove an exception
o the rule. or will he walk out OF the
rombs into the free air? Only time can
ell, and time never tells beforehand.