The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-10-24
BARNET IS
RULED OUT
Point Scored by MOlin-
eux'S Attorneys.
DEFENSE HIGHLY PLEASED
Justice Lambert Follows Su-
peri0r Courts Decision.
Hickman Swears That the Defendant
Rented Letter Box from Him
in the Name Of the
Dead Man.

scored by the oeIenSe IN inc LrIal oI
Roland B. Molineux today when Justice
Justice Lambert ruled out the Bar
net letters. Justice Lambert de-
cided that as evidence the let
ters must be excluded as improper. but
that he was willing to admit them simply
as a standard of comparison in handwrit-
Ing The counsel for the defense was
highly pleased with this decision which
is in line with that Of the Court Of APP
peals. which held that the testimony rela-
tive to the letters, given at the first rial
was irrelevent.
Athletic Club was the first witness today.
Molineux was a director of the club,
while Cornish was athletic director.
Molineux was getting up an amateur cir
Gus and complained that Cornish refused
to get the horizontal bars Molineux want
ed and as a consequence Molineux's life
was endangered every time he practiced.
Cornish Weeks Letter.
Adams identified the much discussed
Cornish-We letter. in which Cornish,
writing to Wefers, the sprinter, declared
that Barlow s. Weeks, president of the
New York Athletic Club would do any
sort of dirty work and that he (Cornish)
would never let up" until he got even
with him"
The letter was shown to Molineux and
he made 1t the grounds of formal COM
plant against Cornish. Witness identi-
fed Molineux's letter of resignation from
the club and another explaining that he
resigned because he felt that his opposi-
"a nat n
ploye to insult a gentleman would make
him disturbing element in the clubs
membership.
The defense conceded that both were
written by Mollneux.
Gustav Kutnow identified the letter
written by Elsie Gray, an employ OF his
firm, now dead, and found with a sample
of the powder at 162 Broadway.
Felix Gallagher, who Cornish said he at
first thought had written the Harpster
letter signed III. Cornish" was the next
witness.
Did you tell Molineux anything about
Harpster?" Mr.. Osborne asked Gallagher
~ told Mr.. MolineuX, discussing the
necessity of giving bonds at the New
York Athletic Club, that all our bonds
at the Knickerbocker Athletic Club were
held up because Harpster had had trouble
with Reerick Stearns and Company
Molineux disliked Harpster.
Gallagher's Bad Memory.
At the last trial he testified that he did
know 1t and Mr.. Osborne confronted Fin
with IL. Gallagher said he did not re-
member giving such testimony
Professor Rudolph A. Wttthaus des-
cribed the test he made to discover the
contents of the bottle.
During the afternoon Mr.. Osborne made
letters, but failed.
The session opened with DR.. Witthaus
IN the stand. The doctor said he found
40 ner cent of cyanide in the sediment left
IN the glass from which Mrs. Adams ana
cornish are supposed to have drunk.
Morris Hartman of Morris Hartman and
Company, the collar manufacturers at
whose factory in Newark MolineuX was
superintendent, was the next witness Inc
manufacturing end OF the business ne
said. rested entirely upon Molineuxs aoih-
ty. 49,. ,o,,ar
hoxes at 257 West And Street testified at
the trial that Molineaux rented letter
hoy from him and received twenty OF
more letters addressed H. C. Barnet
As soon as Mr.. Osborne asked him about
those letters former Governor Black oo-
jected. ,d
MIR. Osborne attempted to explain ana
again counsel for the defense objected.
Il object" he said. Ito counsel maAihg
an explanation in the hearing OF the
jury" ,, -. .ho
court.
~ think 1 can convince your honor
Mr. Osborne said, that the letters are
competent"
Counsel approached the bench and be-
gan to speak in an undertone
oNever mind" said the Court, Il re-
member all about it, Under the direction
Of the Court of Appeals the Barnet series
of letters were excluded as improper evil
dence. Despite that ruling l am willing
~ admit those letters as standard OF
comparison in writing because l did not
regard such admission as a violation of
the Court of Appeals decision. but any
Surther use of them would violate the
ruling and ! will not permit It,
Mr. osborne made another attempt to
,sI tho letters in evidence. He called
Henry G. Lockwood from the general
,,ostof1ce. to identify the stamp and can
collation. marks on the poison package
,grapper. Lockwood said they proved be-
"ond a doubt that the package the wrap
nor held was mailed at the general post
@ca Then Mr. Osborne showed him
n.,n1le of Barnet letter envelopes and
asEed him to tell by the cancellation
r+arks at what time they were mailed.
II object" put In the defense
The Object Of Osborne.
II have the right to show" Mr.. os-
,.orre said that this defendant had the
onnort, xlty to mail these letters, to raise
Ne noiIt that they were mailed at the
hour at which can prove he passed the
General postoffice each day"
"Fxcluded" ruled the court.
Mr.. osborne read the postmarks on the
III, u,bot they Indicated Again Mr..
i2Iack interposed and Mr.. Osborne sat
down at the single word, Excluded,
froIn the court
NJ osborne also read by virtue OF
ruling of the court the statement Moli-