Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1902-11-12
MOL|NEUX IS ACQUITTED.
Jury in the Molineux Murder Case
Brings in Verdict of Not Guilty
After Short Time.
Out Only Twenty Five Minutes When
They Reach the Verdict of
= Acquittal.
Molineux is Formally Discharged and
: Leaves the Court Room Fol-
lowed by Crowd.

New York, Nov. 12.-Nore than 1000
women than men, crowded the corri.
doris OF the crimir al court building be.
fore 9 a. m. and fought for admission
to the room where Justice Lambert is
sitting in the Molineux trial.
After the usual preliminaries, Assist
ant District Attorney Osborne resumed
his summing up. He said Governor
Black had made mis-statement when
he declared the experts had testified
that the writing on the poison package
wrapper was not in disguised hand.
Mr.. Osborne read extracts from the
three of the experts had found the
address disguised. ~ -
Mr.. Osborne argued that the Barnet
letters, the earliest in the case, gave
the first evidence of an attempt to
disguise and that the disguise improved
with every letter exhibited. He de-
clared that the earlier Barnet letters
conformed almost exactly to the hand
writing of .Molineux.
"This case," counsel said in conclud-
ing his talk on the handwriting,
docs not depend upon any witnesses
who may lie, but ON the common sense
and intelligence of the jury. Ex-Gov-
ernor Black well said in defining cir
cumtantial evidence that every circum-
stance must point to the one man as
the magnetic needle points to the pole.
Every circumstance in this case points
to Molineux.'
: 4.- Osborne Concludes.
In his concluding words Mr.. Osborne
begged the jury not to let their feel
ings run away with their Judgment
and not to refuse to convict through
timidity. - e. E~% ,1 -
It was past noon when Mr. Osborne
was through and then Justice Lambert
suspended proceedings until 1:15
o'clock.
At the afternoon session Justice
Lambert delivered his charge -
Katherine j. Adams" he began,
''died on Dec. %, 1898. and the defend
ant 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 well of murder in the
second degree, or of manslaughter in
the first degree, or of manslaughter in
the second degree"
"The defendant is presumed to be
innocent until the evidence shows his
guilt beyond a reasonable doubt. The
burden of proof never shifts. 1t is al
ways with the state to prove guilt and
not for the defendant to prove inno-
cence."
Judge Lambert summed up the ad-
mitted facts in the case, the sending
Of the package from the general post
Office, it's receipt at the Knickerbocker
Athletic club, and it's administration
to Mrs. Adams by Cornish, who re-
ceived it at the club &
State Must Prove Case. AZ A
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. It is for you to say
If the necessary evidence has been
submitted. Y
zone of the most. prominent efforts
of the prosecution has been to connect
this defendant with the address on
that poison package. The state has
attempted to do that by witnesses from
banks and by witnesses brought to you
as handwriting experts. It is contend
ed by the prosecution that the defend.
ant wrote that address. Unless that
is proved the defendant cannot be CON
victed of any crime. So you see that
is the central portion Of the evidence.
That is fact the state is compelled
to prove"
The jury retired at $40 to consider
the verdict.
The jury was brought into court at
s:35. At the same time Molineux was
taken from the Tombs into the court
and District Attorney Jerome was sum.
moned. On his arrival the courtroom
was locked and no one was allowed to
enter or leave it.
Verdict Of Not Guilty.
II The jury rendered q verdict Of not
guilty. a
The jury remained out just twenty,
Ave minutes. When the foreman an.
nounced the verdict of acquittal there
was much applause and the cheering
extended to the crowd waiting outside
In the corridors and on the street,
Although the jury was out about
TWENTY-FIVE minutes, they agreed or
their verdict within ten minutes afte,
leaving the courtroom
Molineux was formally discharged q
few minutes after the jury returned
their verdict Some delay In this for
mality was caused by the enormous
crowd. When the courtroom had beer
cleared. the order Of discharge was
B made out and Molineux left with his
father, followed by q cheering throng