The times. [volume] (Richmond, Va.) 1890-1903, 1902-10-24
JUDGE EXCLUDES
BARNET LETTERS
A Strong Point is Scored BY the
MoIineux Defense.
TRIAL PROGRESSING RAPIDLY j.
TRIAL PROGRESSING RAPIDLY
Court Rules in Accordance With the
Decision Of the Court Of Appeals.
The Blue Paper Again Figures
in Great Legal Battle.
(By Associated Press. }

NEW YORK, October ga 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 excluded
az; improper, but that he was willing to
admit them simply as a standard Of COM
pa, Is on in handwriting. The counsel for
the defense were highly pleased, with this
decision. It 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 let
tiers in evidence during the testimony Of
Nicholas a. Hickman, who kept letter.
toxes and who testified in the last trial
that Moineux rented a letter-box f"or:
hin, and received twenty or more letters
addressed H. c. Barnet AS soon as Mr..
Ost orne asked him about these letters
ex Governor Black objected.
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 be-
gan to speak in an undertone.
LETTERS EXCLUDED.
Never mind said the Court, II re-
m cmber all about it. Under the decision
Of the Court of Appeals the Barnet se-
D
as evidence. Despite that ruling I was
willing to admit those letters as standards
Of comparison in handwriting, because I
did rot regard such admission as the vio-
Il &c, of the Court Of Appeals decision,
but any further use of them would vio-
late the ruling. and I will not permit it. !"
Mr.. Osborne made another attempt to
get the letters in evidence. He introduced
Henry C. Lockwood. from the general
postoffice, to identify the stamps and
the cancellation marks on the poison
package wrapper Lockwood said they
proved beyo a doubt that the package
the wrapper held was mailed atsthe gen
eral postof1ice. Then Mr. Osborne showed
him a bundle OF the Barnet letter en-
velopes and asked him to tell by the
cancellation marks at what time they
were mailed.
Il object" put in the defense.
IT have the right to show" Mr.. Os-
borne said, that this defendant had the
opportunity to mail these letters, to raise
the point that they We're mailed a t the
hour at which can prove he passed
the genera, postofice each day"
Excluded, ruled the court
READ THE POSTNIARKS.
Mr. Osborne read the postmarks Oh
the Barnet envelopes to the witness and
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 5. Adams, who testified
concerning the trouble between N1olieuX
and Cornish, and Professor Withaus. who
told of the examination of Mrs. Adams
internal organs and the evidence of pois-
ching found.
Ex-Governor Black conceded most of
the evidence offered by the prosecution
in order to save ti?ae admitting that
Mrs. Adams died of cyanide of mercury
poisoning.
Mr.. Osborne read by virtue Of rul-
ing of the court the statement Molineux
made in the Coroner's Court that he had
never made any cyanide of mercury.
Before the coroner N1olineux 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, Molineux's counsel admitted that
NIolineux owned such paper
An adjournment was taken until to-
morrow.