The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1902-11-12
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ed here to connect this defendant with
the holder.
Now, the question. is, Did the de-
PENDANT procure the poison? The de-
PENDANT told you he never made the
poison. Upon the theory that he did
not send the poison package, that is
reasonable enough. But ii you find
from other facts that he did send the
package, then you may take into con-
sideration the fact of the facility with
which he could have obtained the
poison"
The justice went in detail into the
trouble at the Knickerbocker Athletic
club.
You will remember" he said, 1.-THE
story of Cornishs insults to the defend
ant. and that the defendant corrobor-
ated that story in his own testimony.
A jury may not be justified in believ-
ing that a defendant would build up a
monument of hatred out of such causes,
but that is for you to decide
Justice Lambert declared that the
agreement made by Koch, the letter
box man, to sell his story exclusively,
and to receive his pay when he swore
in the actual trial to the truth of his
story, was a felony.
Another branch of this case to which
| desire to refer is this: The defendant
had 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 convince
you of that others guilt. He is enti-
tied to the benefit of any doubt he may
arouse"
Justice Lambert took up the mailing
of the poison package.
IF you believe the testimony of Pro-
fessor Vulte, of Columbia college," he
said, "Molineux could not have mailed
that package. The defense claims that
Cornish was there. Then there is the
testimony of Mrs. Stephenson. If that
woman told the truth, that ends this
case and eliminates Molineux. If she
saw Cornish mail that package, this
defendant is not guilty. 1t is for you
to investigate this matter and decide
for yourselves Cornish says he was
in Mr.. Sullivans office all that after
noon. and his witnesses sustain him.
Cornish says he had no overcoat. Mrs.
Stephenson said the man she saw had
brown overcoat. Cornish told you he
did not own an overcoat, but his evil
dence at the last trial shows that he
=. fhof
brown overcoet."
Justice Lambert repeated his admoni-
ton to the jury to weigh all the evil
dence presented to them, and to re-
turn the verdict dictated by their con-
sciences.
At the close of the charge Mr.. Black
said he had no requests to make. The
assistant district attorney said:
II ask your honor to charge that the
prosecution has claimed from the first
that the defendant obtained or procured
to be obtained the bottle HOLDER
1.-THE Jury will be guided by the evil
dence," replied the court. "They cant
guess at anything like that"
"That has been the contention of the
prosecution. Mr.. Osborne urged.
81 have already told the jury they
must not guess at the conclusion of the
prosecution. That is statement
made voluntarily and for which you are
not to blame"
II hope 1 am within my rights. The
evidence shows"
Never mind the evidence now" ruled
the court. eff you have more requests
to make, make them"
MI Osborne had nothing more to say
and Justice Lambert asked Ex-Governor
Black if he had anything to say against