Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-09

for Kennedy for some reason or other-he
hung jury result This time he was turned
loose. with the charge stil hanging over
him. II Kennedy guilty of having
Killed Doilie Reynolds then he certainly
succeeded In fooiins the great majority OF
the newspaper men who reported his va
rious trials. and most of them had been in
more or less close contact with noted GRIM
guilty. some of the evidence adduced
against him was so palpably cooked up
that 1t would have seemed subversive OF
all the aims of Justice and an outrage had
he been convicted.
The case of Mary Livingston Fleming ac-
cused OF numbering her mother by putting
arsenic In pail of clam chowder which
she sent to- her. was another one OF tho
big trials in which a huge bill was rolled
up against the people largely on ac-
count OF the great number of alleged chemi-
cal experts and alenists" who were called
to testify. This was the trial in which the
dogmas OF the writers OF the Lombroso and
Nordau type were first yanked into an
American murder trial for the purpose of
ProVtns the alleged 'degeneracy" OF the
DEFENDANT The "alienists' fairly reveled
I'm that trial.
Mary Livingston Fleming was a rather
plain. but withal an extremely accomplish
ed ana interesting. not to say fascinating
woman. and nobody seemed to be greatly
worried for the future OF society in general
when she was acquitted. great effort
was made to prove her a degenerate"
vent mat stigma from being fastened upon
her. The testimony brought out in these
encounters between her counsel and the
prosecutors was more salacious than any
.mhs or the sort before or since. but II was
kept out OF the newspapers by a general
understanding OF the men reporting the
triai: as Well as by an agreement reached
py the propretors OF the newspapers
John Mcintyre was then the district at
torney or New York. and he tangled up
some OF the alienists' called by the de-
tense In a sad sort of way. He had a
bullying. hectoring way with alienists much
the same as that employed by Mr. Jerome
and he generally succeeded in bulldoxing
the aiienists into silence or submission but
ne struck a snag when he went up against
the ieonine DR.. Spitzka, a noted New York
specialist on nervous diseases Spitzka
came out with flying colors. alone OF all
the testifying experts. DR.. Spitzka, early
II, IN ms NE. had been a veterinarian. Me-
intyre thought he was going to discount
tenance and discredit DR.. Spitzka by alud-
ing to this fact at the beginning Of his ex-
animation.
Sharp Retort.-
rs it not a fact" Mcintyre asked him,
that not many years ago. you were con-
suited solely in connection with the all
ments OF horses?"
Yes" promptly replied DR.. Spitzka, and
1t Is additionally true that even now | am
sometimes called upon to treat asses"
Mcintyre. pretty sore over this one tried
the same kind Of thing on DIR. Spitzka sew
eral other times during the examina ton,
but was finally routed. to his vast discom-
hture. Mrs. Fleming-to whom a son was
born while she was awaiting trial in the
Tombs-was acquitted after very long
trial She went to Alaska not long after
ward and is said to have become very
wealthy In the Alaskan gold fields
Then came the two trials OF Roland Moli-
neux. Individually the most accomplished
ana adroit individual ever put on trial for
, ms NE IN an american court He was con-
yicted upon his first trial and sentenced to
death After being confined in Sing Sings
death house for more than two years he
obtained another trial. solely through the
Molineux. who had the general sympathy
OF all hands. Huge william Osborne was
then the New York prosecutor and he
made the effort of his life to convict MoI-
the crafty and profound ex-Gov. Frank
Black for lawyer this time. and, besides,
he had learned a lot about the law bus-
ness himself while awaiting electrocution
In Sing Sing.
did not report his first trial. but Gov
cred the second one. and shall never for
get the amazing skill with which the slight,
pallid MolneuX fenced with the bull Voiced
and resourceful Osborne during that long
siege. Molineux went on the stand HIM
self during the second trial, and although
Mr.. Black had been of unexampled assist
anc8 to him in the early stages he CLEARLY
won the case for himself by his way OF
utterly battling and routing Osborne 1t
was sheerly impossible for Osborne to tam,
gle Molineux UP at any stage of the game.
although the evidence against the defend
ant was strong and. 1t might be said. gen.
orally convincing. Osborne would ask and
reask question two or three times en-
deavorng to put words into Molineuxs
mouth.
But those are your words, Mr.. Osborne"
MolineuX would reply every time with the
greatest imaginable courtesy. and never
once throughout the tremendous ordeal of
days was he tripped.
The Patrick Case.
The Patrick case next sped along-Albert
Patrick. accused. In conjunction with the
valet Jones, of numbering, by the use OF
chloroform. the aged Texas millionaire
Rice. This was a very sinister business,
and hardly anybody who went through the
case ever believed that Patrick got a square
deal. Jones. the valet of the victim, was
the man directly accused of the crime. with
Patrick the instigator and accessory before
and after the fact. Valet Jones "peached'
upon being promised immunity by the
prosecutors. The story he told may or may
not have been true. but 1t has always
seemed an extraordinary thing that Patrick
should have been convicted solely upon his
evidence after the valet had been promised
his freedom as the price of his testimony.
The public is familiar with the long fight
Patrick has been making ever since to have
the verdict against him reversed. The late
Gov. Higgins Of New York refused to grant
his appeal for a trial only a few
months ago. and Patrick is now working
out his "lifer.' to which his sentence OF
death was committed. In Sing Sing. 1t Is
not beyond the bounds of possibility. how
ever, that Patrick will yet be a free man.
for, in addition to being an extraordinarily
astute lawyer himself. he has powerful in
terests arrayed on his side. and the gen.
eral impression that he has received the
worst of the deal from the first may, at
some future time, operate in his favor.
From Prison to Stage.
Then followed the trial of Florence Burns.
the pretty Brooklyn girl accused Of having
shot her lover. Walter Brooks. to death in
a New York hotel. The evidence against
this pompadoured. peachy skinned young
woman of perfect poise and self-control APP
peared to be overwhelming-bu evidence
has got to be more than that. 1t would
seem. to get a jury to convict a pretty
woman of a capital crime involving execu-
tIon In this country. Florence was sketched
and photographed almost as much as Eve
lyn Thaw But the underlying opinion OF
the community, and especially Of those who
were present throughout her trial, was that
She was guilty. A week or SO after her
acouittal she had the hardwood to join