The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-10-24
TRIAL OF MOLINEUX
DEFENSE SCORED A STRONG POINT
YESTERDAY.
BARNET LETTERS RULED OUT
AS EVIDENCE THEY MUST BE. FIX
GUIDED As IMPROPER.

Several Attempts Made by Mr.. os-
dence, but Every Effort Was
Blocked by the Ruling of the
COurt-ICcident of the Blue Paper
With the IntcrInced Crescent
Crest md the Cyanide of Mercury.
New York, Oct. pa strong point
was scored by the defense In the trial
of Roland b. Molineux to-day when
Justice Lambert ruled out the Barnet
letters. Justice Lambert decided that
as evidence the letters must be ex-
cluded as improper, but that he was
willing to admit them simply as a
standard of comparison in handwrit-
ing. The counsel for the defense were
highly pleased with this decision. 1t
is in line with that of the 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
letters 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 II. c. Barnet.
AS soon as Mr. Osborne asked him
about those letters ex-Gov Black OBJ
jected.
Il exclude the evidence" said the
court
II think | can convince Your Honor"
Mr.. Osborne said. that the letters are
competent"
Counsel approached the bench and
began to speak in an undertone.
Never mind" said the court, II re-
member all about 1t. Under the decision
of the Court Of Appeals the Barnet Sc
ries of letters were excluded as inn
proper as evidence. Despite that ruling
| was willing to admit those letters as
standards OF comparison in handwrit-
ing, because did not regard such adj
mission as the violation of the Court
OF Appeals decision, but any further
use of them would violate the ruling.
and ] will not permit it,"
Mr.. Osborne made another attempt
to get the letters In evidence. He called
Henry G. Lockwood from the general
posto;tice to identify the stamp and the
/ cancellation marks on the poison pack
| age wrapper. Lockwood said they
proved beyond doubt that the pack
age the wrapper held was mailed at
tfe general postotfice. Then Mr. Os-
borne showed him 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 defense
| II have the right to show" Mr.. Os-
borne sail. that this defendant had
the opportunity TO mail these letters, to
raise the point that they were mailed
at the hour at which l can prove no
| passed the general postoffice each
day"
Excluded" ruled the court.
Mr.. Osborne read the postmarks on
the Barnet envelopes to the witness
and asked him what they indicated.
| Again Mr.. Black interposed and Mr..
| Osborne sat down at the single word,
Excluded" from the court.
| Among the other witnesses heard to-
| day were John b. Adams who testi-
| fed concerning the trouble between
Molineux and Cornish, and Prof Wit
| haus, who told of the examination OF
Mrs. Adams internal organs and the
| evidence of poisoning found Ex-Gov.
| Black conceded most of the evidence
! offered by the prosecution In order TO
save time, admitting that Mrs. Adams
| died OF cyanide of mercury poisoning.
Mr.. Osborne read by virtue of a rul-
ing Of the court. the statement Moli-
| neux made in the coroner's court that
! he had never made any cyanide of
mercury. Before the coroner Molineux
also said that he could not recall ever
seeing any of the blue paper with the
| interlaced crescent crests, and had
never used such paper. During the last
trial and again to-day. Molineuxs
| counsel admitted that Molineux owned
| such paper.
An adjournment was taken until to-
| morrow.