The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-10-24
DEFENSE GAINS
A STRONG POINT
Barnet Letters Ruled Out in the
Moiineux Case.
0SB0RNE'S FUTILE ATTEMPT
COURT COULD NOT BE INDUCED
TO CHANGE THE RULING.
OSBORNE'S FUTILE ATTEMPT

NEW YORK, oct. ga strong point
~ was scored by the defense in The
trial of Roland h. MoIineux today
when Justice Lambert ruled out the
Barnet letters. Justice Lambert de-
cided that as evidence the letters must
be excluded as improper. but thar he
was willing TO admit them simply as
a standard Of comparison in writing
The counsel for the defense was
highly pleased with this decision. which
is in line with that Of the court OF
appeals, which held that the testimony
relative to the letters given out az the
first trial was irrelevant.
John =. Adams Of the Knickerbocker
Athletic club Identified the much dis
cussed Cornish Weeks letters in which
Cornish. writing 10 Wesers, the printer.
declared that Barlow S. Weeks. presi-
dent of the New York Athletic club.
would do any sort OF dirty work. that
he, Cornish, would never let up" uu-
til he got even with him"
Letters Identified.
The letter was shown 10 Nolineux.
and he made il the grounds Of "A formal
complaint against Cornish. Witness
Identified MOlineux's letter Of resigna-
ton from the club and another explain
ing that he resigned because he felt
that his opposition to a system that
permitted an employe 10 insult a gem
tleman would make him a disturbing
element in the clubs membership.
The defense conceded that both were
written by Molineux.
Justice Lambert, who presides at this
MolineuX trial. ruled out today all Of
what are known as the Barnet letters,
holding that they were not competent
The defense from the beginning OBJ
jected TO the Introduction Of these let
tiers.
During the afternoon session Mr..
Osborne made two attempts TO intro
duce the Barnet letters. but failed.
Nicholas A. Hickman. vino kept letter.
boxes at PSI West Forty-second street,
testified in the last trial that 1Iolineux
rented letterbox from him and re-
ceived twenty or more letters addressed
III. G. Barnet" AS soon as Mr.. Os-
borne asked him about those letters
Ex-Governor Black objected
Evidence Excluded.
Mr.. Osborne attempted 20 explain.
and again counsel for the defense OBJ
iected. IT object" he said, ITO counsei
making an explanation N the heas aE
of the jury
Il exclude the evidence" ruled tae
! court.
Mr.. Osborne said. that the letters are
competent
| Counsel approached the bench anc
| began to speak in an undertone.
! fr4I col =
member all about il. Under the de-
| cision of the court Of appeals the Bar
| net series Of letters were excluded as
| improper evidence. Despite that ruling
I was willing 10 admit those letters as
standard Of comparison in handwriting
| because I did not regard such admis-
! sion as a violation Of the court OF ap-
! peals' decision, but any further use or
| them would violate the ruling and l VIII
| not permit it.
Made Final Attempt.
Mr. Osborne made another attempt 20
! get the letters In evidence he calie1 =
/ Henry G.. Lockwood from the general
! nostofice TO identify the stamp and the
! cancellation marks on the poison pack
/ age wrapper. lockwood said they
| nToved beyond a doubt that the package
! the yvrapper. held was mailed at the
general postofice. Then Mr. osborne
| Showed him a bundle Of the Barnet
letter envelopes and asked him 10 teii
| nv the cancellation marks at what time
| they were mailed.
Il object" put in the defense.
~ have the right 10 show" Mr.. Os-
! horne said, that this defendant mao
| the opportunity TO mail these letters, 70
! raise The point that they were mailed
at the hour at which can prove ne :,
nassed the general postofice each day.
'sExcluded." ruled the court.
| Mr. Osborne read the postmarks on
| ~ psrnAt enveloDe 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
When Mr.. Weeks had read tho result
n, his cross-examinatiOn Of Moiineux
an the coroner's court an adjournment
| was taken until tomorrow.