Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1912-03-08
BUNNY LETTERS
MAY SAVE LIFE
Of MCFARLAND


Ing upon what medical evidence the
state relied, and the results OF the
chemical analysis made for the State
upon the body Of the deceased
v. (a) Because the court refused on
motion duly made on behalf OF the de-
PENDANT TO quash the indictment.
vi. Because one of the panel Of this
jury had been subpoenaed as a WIT
ness for the State and after he was
~subpoenaed as a Stale witness ne was
summoned as a juror.
VII. That the fortY-eight 4S Jurors
drawn by the cheriff of the county We're
not qualified as jurors, and hat the
service upon the defendant at tnat
time was illegal.
VIII. Because of the ruling OF the
trial Judge admitting a letter in evil
dence to go before the jury which was
found ON him or in his possession, con-
structively, and not answered or COM
mented upon by him, and Is therefore,
lDeompetent evidence against n TO.
whom It was sent.
TX. Because of the admission Of &
series of letters sent by a certain per
son to the defendant, which have not
been identified as authentic by the
party who sent them.
X. Because of the admission OF GER
tain letters known as "the Bunny let
iers'' sent, or supposed TO have been
sent, by a certain party who has not
identified them and the exclusion Oh
certain letters supposed to nave peen
sent by the same person.
XXI. Because if the letters in their
adrnissibility were legal, still the
handwriting was not proved by the
parry who sent them or by the one by
whom they were received, and only by
the opinion Of experts.
XII. Because of the trial judge in
charging that the defendant is guilty
of criminal homicide. even II he never
had any intention Of taking his wife's
life, is palpable error, for the jury are
The judges of the facts. solely (p. 1870.
and continuing:
XIII. Because of the charge Of the
court: Manifest error hath interviewed
in said charge, namely, in characterize
ing the defendant as being guilty of
homicide he did not express in what
degree Of homicide he would be guilty
Of but leaves it to the jury to decide
without making explanation.
Atf- PtCduCO VI Inc IN VI tAo
court in drawing its conclusions and
deductions, which was wholly within
The scope of the jury to characterize
the motives of the witnesses or draw
differences, viz: "Of leaving a bottle
of poison where his wife would get it.
coupled with the fact that he was car
on a liason with another woman"
and making it pointed that he wished
10 get rid of his wife in order that he
make complete his liason with
the other party"
XIV. Because the court erred in its
charge in general as to its character
Ization of the defendant and as a
XVI. That the court erred in not set
aside the verdict, because the evil
dence at the trial established the inno-
cence of the plaintiff in error,
XVr. That the scourt erred in not
aside the verdict because the
evidence established the innocence of
he plaintiff In error beyond a reason
doubt.
XIX. There was no evidence tending
o show that the plaintiff in error COM
nitted any crime.
Xxx. Because the court erred in Its
to the jury in commenting to
he jury of the defendants failure to
AXE the stand, in that the State had a
which was procured from
he defendant by the police officers
which the State refused to offer and
was compelled to offer the
same. which was admitted by the trial
Judge and precluded the court from
to the jury of the de-
'endant's failure to take the stand and
And the plaintiff in error, Allison M.
prays that the Judgment
aforesaid be reversed and altogether
held for nothing, and that he may be
restored to all things which he has lost
BY reason of the said Judgment. etc.