The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1902-11-14

may take into consideration the fact of
the facility with which he could have
obtained the poison"
Justice Lambert declared that the
agreement made by Koch. the letter box
man to sell his story exclusively to re-
ceive his pay when he swore in the C.
tual trial to the truth Of his story. was
a felony.
Another branch Of this case to which
L desire to refer is this. The defendant
had a perfect right to try and point out
the man he believes to be guilty of the
crime of which he stands accused, but
he is not bound in his own defense to
present sufficient evidence to V
o Of his guilt. He is entitled to the
benefit OF any doubt he may arouse"
IF o believe the testimon~ of Pro-
fessor Vulte. of Columbia college," he
II "Molineux could not have mailed
that package. The defense claims that
Cornish was there. Then there is the
testimony Of Mrs. Stephenson. L am
not going TO discuss that. If that ON
an told the truth that ends this case
and eliminates Molineux, if she saw
Cornish mail that package this defen-
dant is not guilty. 1t is for you to in
vestigate this matter n decide for
yourselves"
At the close Of the charge Mr.. Black
said he had no request to make. The
Assistant District Attorney had several
which the court said he had already
told before the jury.
Mr.. Osborne had nothing more to say
and Justice Lambert asked Ex-Governor
Black if he had anything to say against
Mr.. OsbOrne's proposition that the jury
take the hand writing exhibits to their
room.
Il think" Mr.. Black said, that would
be giving undue prominence to the
handwriting testimony.
THAT settles it," "The jurors cannot
have the exhibits"
: The jury retired at 3:15.
In exactly thirteen minutes after the
jury retired word was brought to the
room that a verdict had been
reached Court officers shouted for or
der and a hurry call was sent for Jus
tice Lambert. who was not to be found
in his chambers. 1t was 1928 when the
notice was received and it was 3:45
when Justice mbe took his seat.
MolineuX who had been brought into
court on the first notice from the jury
room sat calm and confident as ever.
Barlow S.. Weeks, of his counsel, lean
ed acros the rail and whispered to him
Its all right. The time tells us that"
Il never doubted it," MolineuX re-
piled.
The old general was far more agitat-
ed than his son and it was evident that
the suspense was very hard upon him.
As soon as Justice Lambert took his
seat he notified the audience hat there
must be no demonstration and then in
structed the clerk to put the question to
the jury.
Not guilty. said the foreman, in re-
ply to the formal inquiry and Molineux
who had been standing to receive the
verdict sank back in his chair.
There was a burst of applause but it
was speedily queIled by the court Off
GERS. Justice Lambert ordered the
court cleared and told the jurors TO re-
main in their seats until it was cleared.
When after counsel of both sides had
congratulated each other and the jury
and had thanked the court. Justice
Lambert ordered the formal discharge
of MolineuX. a crowd of at least a
thousand followed, cheering General
MolineuX and his son as they left the
court room with MesSrs. Olcott and
Weeks. Former Governor Black who
reached the sidewalk some five minutes
later received an even greater ovation
than had greeted MolineuX. General
MolineuX when asked for an expression
of opinion on the verdict wrote and
signed for all his reporter friends. the
following:
THE struggle i over. the battle done.
And might Is lost, but right has
won."
From the criminal court building, Mo-
lineuX went to the city prison. In max
ing his way to his old cell, and thence to
the front entrance, he traVerSed a con-
siderable portion Of both the old n
the new prise. n everywhere he
went the news {. his acquittal went too
and the prison s cheered him. He
even went thrs ugh the women's de-
partment. wher. there were many who
cheered him.
MolineuX, accompanied by General
MolineuX and two of his attorneys, en-
tered q carriage, and was driven away.
About three thousand persons, cheering
and shouting, surrounded the carriage
and greatly delayed its departure. The
keepers of the tombs prison came out
and shook hands with MolineuX and
many people waved handkerchiefs from
the windows in the street.
Cecil Molineux, after shaking hands
with his brother, stood weeping on the
steps of the tombs. Molineux himself
was smiling and jubilant-
NJ nnErkrCHnDn