The Birmingham age-herald., 1902-10-24
STRONG POINT
 FOR MOLINEUX Justice Lambert Rules Out the
 Barnet Letters SEVERAL WITNESSES APPEAR 
Prosecuting Attorney Osborne Tried Time and Again to Introduce the Famous Letters, But On Each
 Occasion Was Defeated.

New York October 2s.--A strong point was scored by the defense in the trial of Roland B. Molineux today when Justice Lambert ruled out the Barnet letters. Jus tice Lambert decided that as evidence the letters must be excluded as improper. but that he was willing to admit them simply as a standard of comparison in handwriting. The council for the defense was highly pleased with this decision which is in line with that of the court of appeals. which held the testimony relative to the letters given at the first trial was irrelevant.
 John B. Adams of the Knickerbocker Athletic club was the first witness. Mo lineux was a director of the club.
 He said while Cornish was also a di- rector Molineux was getting up an anna teur circus and complained that Cornish refused to get the horizontal bars Mo- lineux wanted. and as consequence Mo- lineuxs life was endangered every time he practiced. Adams identified the much discussed Cornish-Weeks 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, Cor nish, would never let up' until he "got even with him"
 The letter was shown to Molineux and he made 1t the grounds of a formal com plaint against Cornish. who identified Molineux's letter of resignation from the club. and another explaining that he re- signed because he felt that his opposi- tion to systep that permitted an em- ploye to insult a gentleman would make him disturbing element in the club s membership.
 Both Written by MoIineux.
 The defense .onoeded that both were written by Molineux.
 Gustav Kutaw identified the letter writ firm, which was found with a sample Of powder at 1920 Broadway
 Felix Gallagher. who, Cornish said, he at first thought had written the Harpster letter signed "H. cornish,'' was the next witness
 Did you tell Molineux anything about Harpster?" Mir. Osborne asked Galla- gher.
 "I told MT. 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 & Co.," Gallagher said he did not know that Molineux dis liked Harpster.
 A | know it, and Mir Osborne confronted him with 1t. Gallagher said he did not re- member giving such testimony.
 During the afternoon MT. Osborne made two attempts to introduce the Barnett letters, but failed. The session opened with Dr. Witthaus, the expert, on the stand. The doctor said he round 42 per cent of cyanide in the sediment left in the glass from which Mrs. Adams and Cornish are supposed 10 have drunk
 Morris Harman, of Morris Harman & Co.,, the collar manufacturers, whose factory is in Newark, where Molineux was superintendent. testified that the manufacturing end of the business rested entirely upon Molineux's ability.
 Rented a Letter Box.
 Nicholas A. Hickman who kept letter boxes at 257 West Forty-second street. testified at the trial that Molineux rent ed a letter box from him and received twenty or more letters addressed "H. G. Barnet"
 AS soon as MT. Osborne asked him about those letters, former Governor Black objected
 Mir. Osborne attempted to explain and again counsel for the defense objected.
 q object" he said, ito counsel mak- ing an explanation in the hearing of the jury"
 T exclude the evidence" ruled the court
 q think I can convince your honor" MT. Osborne said, that the letters are competent
 Council approached the bench and be- gan to speak in an under tone
 'Never mind" said the court, T re- member all about it. Under the direction of the court of appeals. the Barnet series of letters were excluded, as improper evidence Despite that ruling I am will ling to admit those letters as standard of comparison in writing, because l did not regard such admission as violation of the court of appeals decision, but any further use of them would violate the ruling and I will not permit 1t.
 MT. Osborne made another attempt to get the letters in evidence. He called Henry G. Lockwood from the general postoffice to identify the stamp and can cellation marks on the poison package wrapper. LOCKWOOD Salu they pfoNeu De- yond a doubt that the package the wrap per held was mailed at the general post office. Then MT. Osborne showed him a bundle of Barnett letter envelopes and asked him to tell by the cancellation marks at what time they were mailed.
 II object" put in the defense.
 "I have the right to show MT. Os- borne said that this defendant had the opportunity to mall these letters, to raise the point"
 'Excluded," ruled the court
 MT Osborne read the postmarks on the Barnet envelope and asked him what the time indicated. Again MT. Black inter posed and Mr. Osborne sat down at the single word Excluded" from the court
 MT. Osborne read by virtue of a ruling of the court. the statement Molineux made in the Coroner's court that he had never made any cyanide of mercury and never has seen it used in dry colors. He supposed he could make 1t, If he had the formula. Before the coroner Molineux said that he could not recall ever seeing any of the blue paper with the interlaced crescents, and that he had never used .,,ob naner During the last trial and