New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-11-12
THE JUSTICES CHARGE.
REMARKABLE FOR BREvGTY. CONSIDER
ING ITS COMPREHENSIVE

The charge which Justice Lambert deliv-
cred to the jury in the Molineux case yesterday
afternoon was regarded by the listening counsel
ennenty fair. Many Of the persons who
heard it said il was remarkable for its brew
ity. considering that It contained a mastery
and comprehensive review OF all the evidence
in the case.
The effect Of the charge upon the jury was
heightened by Justice Lambert's manner Of de-
lIvering his address He did not remain seated
behind the bench. hut he rose. walked TO the
end Of the bench nearest to the Jury box and
talked as a clergyman might speak IN his pull
pit using graceful gestures to make Of
his remarks more emphatic His flowing black
robes added TO the effectiveness Of his presence.
as he stood beneath the figure Of Justice painted
on the wall behind him. The shades of the
courtroom windows had been drawn down. and
the light coming through cast pale yellow. al
most ghosty. light upon the faces in the room.
There enough gloom in the appearance Of
the room to add to the solemnity ~ the charge.
From the beginning 10 the end Of his address
Justice Lambert was listened TO with eager, al
most brea thless attention. It was l:Zo p m.
when he started 10 deliver his charge.
Katherine J. Adams he began died on De
cember 2S. 1890. and the defendant is charged
with the responsibility for her death. The de
PENDANT may be convicted II you think the owl
dence adequate, of murder In the first degree, or
if you think we'll, Of murder in the second de-
gree or of manslaughter in the first degree or
of manslaughter in the second degree.
Justice Lambert read from the statutes IN"
definition Of the various degrees or h"lnicioe'
laying stress on the necessity Of deliberauon ana
generalization to constitute murder IN the hrSI
degree He continued his address in part as
follows:
It is contended here by the people that # this
defendant is found guilty he Will pc eul,ly ~
murder in the first degree The deIendas r ~ b 1if
counsel made argument IN ,hiS "a canb
you required to consider those lhihes IN ''a'"
The defendant is presumed to he innocent until
the evidence shows his guilt oeyonqb II is a
WAYS with State to prove guilt and not FOR the
defendant to prove innocence
AS TO REASONABLE DOUBT.
1t not easy mPart to jqTEy the ef lgsai qe Is
entitled to the benefit OF sEeTy % ro beyond a
able doubt should be actual and subs ahal ana not
| founded mere possibility
Justice Lambert said he would say nothing
| further upon the question Of reasonable doubt
and proceeded to sum up the admitted facts in
the case the sending of the package from the
General Postoflce. it's receipt at the knicker-
| booker Athletic Club and its administration TO
Mrs Adams 10y Cornish. who received it at the
club.
IT is necessary" he went on. for the State
| to
that it was received by Cornish, and innocently
administered TO Mrs. Adams, before you can ma
this defendant guilty. 1t is for you to say If
| the necessary evidence has been submitted.
One of the most important efforts of the prose
| cution has been to connect this defendant with
| the address on that poison package The State
| has attempted 10 do that by witnesses from
banks and by witnesses presented TO you as
| handwriting experts. II contended by the
| prosecution that the defendant wrote that ad-
| dress Unless that is proved the defendant can
not be convicted Of any crime. So you see that
is the central portion of the evidence. That is
a fact the State is compelled to prove
Justice Lambert paused for a moment, and
| then recited the evidence of the Newark bank
| men who said they believed MolineuX wrote
the wrapper address.
THE HANDWRITING TESTIMONY.
Tine defence has declared" he continued,
| that the evidence OF these men is merely a
| a,,ar ~ opinion the result of the examination
| only, of the defendants signature. All that
| these men have to judge is mental picture
| from the defendants writing and you must
,udge NV the value OF their statements Ihen
49, ore the six other bank officers who saw
the defendant write and who told you they De
,;a,,ed he wrote the wrapper address. The de-
So. saws their testimony is a mere conclusion
W, must iudge of the knowledge and skill and
lint, IN draw correct conclusions
..r,har ,-ou have the evidence of the four eX-
80 -, handwriting. They were given nfty OF
.,,,,. srAcinoens Of the handwriting or the us-
| fa,dant as well as the Barnet and cornish iet-
- rrhosa Barnet letters must not oe con-
"a b, ,,or as against this DEFENDANT uh'i
-. ha,,s decided n they are I'm his HANDWRITING
THE experts have given to you many ie''O'9