Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-10-29
Two of States Witnesses Fail
to Appear.
EVIDENCE RULED OUT
JUDGE LAMBERT MAKES AN I'M
PoRTANT RULING.
Counsel for Defense Declare They
Were Not Responsible for
Witnesses Absence.

NEW YORK, October 29.-Justice Lam
bert today at the resumption of the trial OF
Roland B. MolineuX, announced that he had
decided to exclude the testimony of Mamie
Melando and Joseph Farrell given at the
last trial of Molineux, which the prosecu-
ton wished to have read to the jury. Both
of these former witnesses live in New JeT-
sey. outside the jurisdiction of the court
and the proce edings in the case yesterday
closed with arguments on the point OF
reading the testimony in the absence of the
witnesses who cannot be compelled to at
tend the trial. Miss Melando was the first
witness at the first trial to connect Mol
neux with the blue crescent paper, and Far
rell testified that he saw Molineux in New
ark with a small package the day the bot
tleholder was bought in that city.
Statement of Counsel.
Now, that your honor has ruled" ex-
Gov Black said, II want to say that Meth
er | nor any of the other counsel for the
defense have done anythn g, procured any
thing or know of anything done to keep
witnesses from the state of New Jersey o.
elsewhere, from coming here to give testi-
mony. l have not lodged any issue have
made the fight against the evidence strict
ly within my legal rights as counsel for the
defense"
Il cannot quite see the relevancy of those
remarks" said. District Attorney Jerome.
in reply. There have been no proclama-
lions and no charges
Assistant District Attorney Osborne
called Daniel T. Ames a handwriting ex-
pert as his first witness today.
Ames said, as all other writing experts
have said, that the same hand wrote all the
Barnet and Cornish" letters and the ad-
dresses on the poison package. He said he
had compared those writings with the con-
coded writings of Molineux and IS convinced
beyond room for doubt that his hand made
the disputed writings.
Counsel for the defense" Mr. Osborne
said had conceded that one hand wrote
the Barnet and Cornish letters and the
poison package wrapper"
Counsel for the defense conceded moth
ing of the sort" interrupted ex-Gov. Black.
Counsel for the defense conceded that the
defense knows nothing about those letters,
and does not expect to dispute the conten-
ton of the district attorney
Justice Lambert's view of the situation
sustained the defense.
Invited to give reasons, the expert told at
great length where he had found similari-
ties in eight more exhibits he has ex-
amined and compared
He Had Made Mistakes.
Under cross-examination by Ex-Governor
Black Mr.. Ames said that he had been
mistaken more than once.
Andrews A. Knowles, cashier OF the NC
chanics National Bank, was called an
expert in handwriting. He said he had
made a careful study of all the writings
conceded and disputed and believed that
all were made by one hand.
EX-Gov. Black had no questions and MIR.
Osborne announced that the case for tie
prosecution was closed.
At the suggestion of counsel Justice Lam
bert suspended further proceedings until
tomorrow.
In the course of the discussion previous
to the adjournment ex-Gov. Black said he
felt he could complete his side of the case
In TWO days.