Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1902-11-13

returned q verdict of not guilty after
being out only few moments.
New York, Nov 11.-More than q
thousand men and women and there
were more women than men, crowded
the corridors Of the criminal court
building before 8 o'clock in the morn
ing and fought for admission to the
room where Justice Lambert is sitting
in the Molineux trial. After the usua:
preliminaries, Assistant District At
torney Osborne resumed his summing
up. Mr.. Osborne began to talk about
the Barnet letters. THE man who
wrote those Cornish letters had the
Ex-Governor Black interrupted with all
objection which Justice Lambert sus-
tanned. Mr.. Osborne however, de-
clared he was well within the evidence
and the court permitted him to pro-
coed.
Wedding Was Very Sudden.
"This defendant and Barnet" Mr..
Osborne continued, ''were friends liv-
ing near each other on the same floor
of the Knickerbocker Athletic club.
They were paying attention to the
same lady. She rejected MolineuX.
Barnet died eight days later. Molineux
bought for the woman an engagement
ring. The wedding was very sudden"
Mr.. Osborne took up the Cornish and
Barnet letters, the first two asking for
certain remedies and the third for a
marriage guide" and declared that
the envelope matched the paper of the
Cornish letter and that the wording Of
the conceded Burns letter was identi-
cal with the wording of the Cornish
letter. ''This case" counsel said in
concluding his talk on the handwrit-
ing, docs not depend upon any wit
nesses who may lie, but on the common
sense and intelligence of the jury.
Circumstances Point to Molineux.
Ex-Governor Black well said in de-
fning circumstantial evidence that ev-
cry circumstance must point to the
one man as che magnetic needle points
to the pole Every circumstance in
this case points to MolineuX."
Mr.. Osborne in his perOratiOn point
ed out again the circumstances upon
which he relied for a conviction, turn.
Inc at each mention Of MOlineuX's
name to point his fingers at the defen-
dant. MolineuX sat unmoved at the
arraignment, but attentive to every
wcrd of it, Not so with his father.
The old general was visibly affected by
the words Of the prosecuting officer
and Cecil Molineux, the prisoners
brother, was very nervous. 1t was
past noon when Mr.. Osborne was
through and then Justice Lambert sus-
pended proceedings until 1:15 o'clock.
Charge to the Jury.
At the afternoon session Justice
Lambert delivered his charge.
katherine J. Adams" he began,
'died on Dec. %, 1898, and the defen-
dant is charged with the responsibility
for her death. The defendant may be
convicted, if you think the evidence
adequate of murder in the first degree,
or if you think we'll of murder in the
second degree or of manslaughter in
the first degree or of manslaughter in
the second degree"
Justice Lambert read from the stat
utes the definition of the various de-
grees of homicide, laying stress on the
necessity of deliberation and premedi-
tation to constitute murder in the first
degree.
Murder in the First Degree.
''It is contended here by the people,"
he went on, that if this defendant is
found guilty he will be guilty of MUIR
der in the first degree. The defendant
by his counsel has made no argument
in this regard but you are required to
consider those things in reaching your
decision.
''The defendant is presumed to be liz
nocent until the evidence shows his
guilt beyond a reasonable doubt The
burden of proof never shifts. 1t is
always with the state to prove guilt
and not for the defendant to prove in
nocence
at is not easy to impart to Jury
the legal definition of reasonable
Ioubt. If his guilt has not been shown
to you beyond a reasonable doubt
you must acquit him. A reason
able doubt should be actual and sub
stantial and not founded on a mere
possibility"
The Package of Poison.
Judge Lambert summed up the adj
mitted facts in the case, the sending Of
the package from the general postof-
fee, its receipt at the Knickerbocker
Athletic club and its administration to
Mrs. Adams by Cornish, who received
it at the club.
1T is necessary" he said, ''for the
state to prove that the defendant sent
this package, that it was received by
Cornish and innocently administered
to Mrs. Adams before you can find
this defendant guilty. 1t is for you to
say if the necessary evidence has been
submitted"
Pou1tney Bigelcw Injured.