Legal Studies Forum
Volume 29, Number 2 (2005)
reprinted by permission Legal Studies Forum
CRIMES GONE BY
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Collected Essays of Albert Borowitz
1966-2005
PACKAGED DEATH *
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When the end of the Spanish-American War was
marked by the signing of a peace treaty in Paris on the evening of December
10, 1898, New Yorkers were free to enjoy the Christmas season with special
gusto, and even the first lady, Mrs. McKinley, rushed up from Washington
to do her shopping. The great stores of the metropolis beckoned their customers
to view the treasures they had heaped up for the holiday celebrations.
R.H. Macy's advertised: "The store is like a colossal Christmas tree. Each
aisle is radiant with hundreds of tokens and emblems of the festive season.
Fixtures and counters are decked with the brilliant regalia of holiday
merchandise. The displays appeal to your sentiment and thrift." The Barrios
Diamond Co. at Broadway and Canal Street announced with becoming modesty
"the greatest sale of jewelry in the history of the world." December 24th
was proclaimed by the Wanamaker Company as the "Day of Things Forgotten,"
and the department store vowed its readiness to assist "that energetic
personage, the Eleventh-Hour Buyer." A quieter voice arose from Union Square:
Tiffany & Co. gave notice of the arrival of many new creations in gold
and silver from their own workshops and "by intelligent selection of choicest
European novelties direct from the principal manufacturers abroad."
The city's theaters and museums offered attractions
that rivaled the lures of its emporia. On December 6, Marcella Sembrich
made her first appearance of the season at the Metropolitan Opera as Violetta
in La Traviata, and May Irwin's new musical comedy garnered the laughter
that New Yorkers had lavished the month before on Weber and Field's parody,
Cyranose
de Bric-a-Brac. The British influence made itself felt with The
Geisha at the Harlem Opera House and Trelawny of the Wells at
the Lyceum. On Christmas Day, the fiftieth performance of
The Merchant
of Venice was on the boards at Daly's Theatre. For art lovers, the
American Art Galleries, Madison Square South, offered an exhibition of
the paintings of James Tissot, admission 50 cents on weekdays and 25 cents
on Sundays.
The local news during the weeks before Christmas
piqued the New Yorkers' love for scandal while leaving their holiday spirits
undisturbed. In late November Commissioner of Correction Francis J. Lantry
announced that the plans for the new Tombs prison were defective and that
the beams and girders of the building would have to be strengthened at
a probable cost of $20,000. It was the city's law courts, though, that
provided the spiciest gossip of the season. Mrs. Margaret E. Cody went
on trial for attempted blackmail of the heirs of robber-baron Jay Gould
through threats to disclose that Gould had fathered an illegitimate
[631]
daughter. Despite the testimony of handwriting expert David Carvalho
that Gould's name on the baptismal record of his reputed child had been
clumsily forged, the jury could not agree on a verdict, with seven standing
for conviction and five for acquittal. Even more intriguing was the series
of trials that proceeded in December in the courtroom of Recorder John
W. Goff. William Moore and his wife were separately tried for perpetrating
a classic "badger game" crime at the expense of Martin Mahon, proprietor
of the New Amsterdam Hotel. By prearrangement with his wife, Moore discovered
her in the embraces of Mahon, and allegedly proceeded to rob him and force
him at gunpoint to sign $5,000 in promissory notes. Mr. Moore was convicted
in a second trial after the first jury deadlocked; the jury in his wife's
case was dismissed after fruitless deliberations for twenty-two hours.
On December 27, William Moore was sentenced to nineteen years after the
district attorney told Recorder Goff:
This crime has been known as the "badger" game
since the days of Queen Anne. It is a diabolical crime, and because of
its insidious nature there have been few convictions for it. It is one
of the most dangerous that infests our community.
At the very moment that the district attorney was indulging in this hyperbole,
a much more dangerous and insidious crime had been set in motion by an
unknown criminal, a man who may have read one of Tiffany's discreet advertisements
and decided that a silver object purportedly bought at that prestigious
establishment would be just the right Christmas gift for an intended victim.
The case began on the day before Christmas.
That morning Harry Cornish, the athletic director of the Knickerbocker
Athletic Club, at 45th Street and Madison Avenue, received in his mail
at the club a pale-blue box of the kind used by Tiffany's, wrapped in manila
paper and containing a silver toothpick holder shaped like a candlestick,
about two inches in diameter and of the same height, and a one-ounce blue
bottle of Bromo Seltzer. When Cornish removed the bottle from its paper
wrapper, he found that it could fit into the holder. A small envelope was
enclosed in the box, but the sender's card was omitted, as if by accident.
The "gift" appeared to be a playful caution
against excessive drinking over the holidays. Cornish and his fellow club
members had a good laugh over the waggish prank, and at his assistant's
suggestion Cornish retrieved the manila wrapper from the wastebasket and
cut off the address, in the hope that he ultimately might be able to recognize
the handwriting. One clue he did not immediately notice: the misspelled
number "Fourty" in the street address.
[632]
Cornish boarded uptown with his widowed aunt,
Katherine Adams, and her daughter, Florence Rodgers. On December 27, he
brought his mysterious present home, much to the delight of Mrs. Adams,
who found that the pattern of the toothpick holder closely matched the
design of her silverware. Cornish's cousin Florence teased him with the
remark, "Oh, some bashful girl has sent you a present." That night, the
three went to a theater, returning about midnight. The next morning, around
nine o'clock, Mrs. Adams awoke with a dreadful headache and called to her
daughter. Remembering the bottle of Bromo in Harry's room, Florence immediately
asked him for it. After drawing the cork of the bottle only with difficulty
by the use of a dinner fork, Cornish poured out about a half-teaspoonful
in a glass. He failed to observe in his haste that the grains of the powder
were smaller than usual and effervesced only slightly.
As soon as Katherine Adams drank the mixture,
she screamed and fell back on her bed, writhing in agony. Florence sent
a hall boy for Dr. Edwin Hitchcock, but only after a second call did the
inarticulate messenger convince the physician of the seriousness of the
situation. Hitchcock, with his stomach pump and emergency bag in hand,
ran to the Adams house but arrived to find Mrs. Adams senseless. She lay
on her back, her eyes rolled up and her jaw slack. The doctor administered
restoratives but could detect only two very faint pulse beats. He told
the frantic Florence and Harry who stood at the beside that future efforts
were useless. In fact, Mrs. Adams had died within an hour of taking the
draught.
Cornish, examining the glass from which his
aunt had drunk, remarked that it could not be "dangerous" and took a small
sip. His face immediately became livid and he retched uncontrollably. Dr.
Hitchcock, desperate for a remedy, instantly decided to test the deadly
poison himself. He seized the bottle and poured as much on his finger "as
might lie on a knife point" and placed it on the tip of his tongue. He
instantly got a metallic taste and recognized the odor of almond, characteristic
of cyanide. Beginning to become extremely nauseated, Hitchcock nursed himself
with whisky and shared a sour apple with Cornish. These homely cures appeared
to work well, for both men soon began to feel better. Cornish, however,
required several days' convalescence and medical attention.
Katherine Adams and Harry Cornish had both
swallowed cyanide of mercury, which had been mixed with the white powder
of Bromo Seltzer. Cornish could hardly be blamed for having failed to have
his suspicions aroused by the painkiller package. Bromo Seltzer, then as
now, was put up in a distinctive blue bottle. It was stoppered with cork
to which a coating of paraffin was evenly applied. The bottle received
by
[633]
Cornish appeared at first glance to be properly sealed, but closer examination
by the police showed that the label had been washed off a Bromo Seltzer
bottle and pasted on a smaller one used by chemists for cyanide. The name
Bromo Seltzer, blown into the drug firm's bottles, did not appear in the
small bottle sent to Cornish. The paraffin veneer "was thick and irregular,
as if pressed down hurriedly by human fingers."
The press corps lost no time in seeking out
the close relatives of Harry Cornish, who had clearly been the poisoner's
target. Who could have had a motive to murder him? His divorced wife Addie,
interviewed in Boston where she lived with their ten-year old daughter
Jenny, was completely nonplused and had no theory to offer. However, Cornish's
father, Harry Cornish Sr., was apparently not tongue-tied when the new
role of detective was thrust upon him; he was quoted as entertaining suspicions
of a man and a woman. He said that his son Harry (then thirty-six) had
had trouble with a man over a love affair when he was only nineteen years
old. The press also reported professional speculations about the hidden
murderer. Dr. W.H. Birchmore, chemist and a recognized authority on cyanide,
was convinced that "none but a physician of understanding, a pharmacist,
above the average of such in chemical knowledge or a person not necessarily
in either of these professions but well versed in chemistry, can be the
poisoner in this case." Assistant district attorney McIntyre, questioned
at the Democratic Club, limited himself to the observation that the handwriting
on the poison package evidently had been disguised and looked as if it
had been penned by a woman.
The bizarre murder stunned the public, for
it was seen as a continuation of a recent wave of poisonings, many of them
perpetrated by anonymous mailings. An early, widely publicized crime in
this series was the 1891 murder of Josephine A. Barnaby, a wealthy Providence
widow, by Thomas Thatcher Graves, a physician who had cured her of a paralytic
disorder and abused her gratitude by obtaining control of her assets and
by inducing her to appoint him executor and to grant him a large legacy.
His instrument was a bottle of whiskey containing a solution of arsenic
strong enough to kill many widows. Pasted on the bottle was a written New
Year's greeting asking her to accept "this fine old Whiskey" from her "friends
in the woods," an intended allusion to an Adirondacks guide who was beginning
to rival Graves as an object of Mrs. Barnaby's beneficence. Mrs. Barnaby
died and her friend, Mrs. Worrell, became ill after indulging in a toddy
prepared from the "whiskey."
Perhaps the news of the Graves murder came
under the eyes of San Francisco's celebrated poisoner, Cordelia Botkin,
who gave a sinister new meaning to the culinary concept of "sweet and sour"
by seeding with
[634]
arsenic a box of candy she bought at a confectioner's store on Market
Street. She mailed the box to Mary Dunning, the wife of her lover, who
after a five-year liaison had had the poor taste to announce an intention
of returning to his spouse.
Botkin cast her nets more widely than had
Dr. Graves, for although he might have expected his intended victim to
share the poisoned whisky with friends, the spurned Cordelia cunningly
calculated that her gift would tempt the sweet teeth of the Dunning children.
In the box of chocolates she had written in a hand unknown to Mrs. Dunning:
"Love to yourself and baby." As it turned out, the candy was eaten by four
adults and two children and claimed the lives of both Mrs. Dunning and
her sister.
Botkin's trial began on December 9, 1898,
less than three weeks before Mrs. Adams drank the poisoned Bromo Seltzer.
In the meantime, two other murders by mail,
apparently inspired by the Graves and Botkin killings, were reported in
the press. On November 12, 1897, a man was murdered by poison contained
in whiskey mailed to him as a gift, and on September 9, 1898, Margaret
Wilkinson of Newark, New Jersey, was poisoned by a package of sugar mixed
with arsenic.
The copycat murder syndrome was even more
clearly in evidence in two successive New York City poisonings involving
the administration of a painkiller.
In 1891 a young medical student at the New
York College of Physicians and Surgeons, Carlyle Harris, under pressure
to acknowledge publicly his secret marriage to Helen Potts, murdered her
with a powerful dose of morphine. He had introduced the pure drug into
a capsule that had originally contained a harmless sleeping draught consisting
of quinine and a small quantity of morphine dispensed by a druggist on
his prescription. Harris was tried in early 1892 and found guilty of murder.
In the course of the proceedings, the defendant
received scant sympathy from another New York doctor, Robert W. Buchanan,
who in conversations with friends referred to Harris contemptuously as
an amateur and bungler because he had not known how to prevent the contraction
of the eye pupil, which is one of the characteristic symptoms of morphine
poisoning. Within a few months Dr. Buchanan had occasion to follow precisely
this formula for disguised poisoning when he murdered his wife by the administration
of a mixture of morphine and belladonna (atropine), the latter drug having
dilative powers that forestalled contraction of the pupils. Although he
had copied and improved on Harris's recent murder pattern, Buchanan was
convicted like his predecessor, and both men were executed.
[635]
In the case of the Bromo Seltzer murder, the
killer appeared to be imitating all these earlier crimes in the selection
of a painkiller for his poison medium and in hitting upon an anonymous
mailed gift as his means of delivery. But something even more alarming
was soon observed at work: the Bromo Seltzer killer seemed to be copying
himself.
This baffling likelihood surfaced early when
a physician, Wendell C. Phillips, who attended Cornish after his poisoning,
noted that his symptoms closely resembled those of another club member,
Henry C. Barnet, who had died in the previous November after taking a dose
of another patent medicine named "Kutnow powder," which he said had been
mailed to him anonymously. Henry Douglass, Barnet's principal physician,
submitted the medicine to a chemist for analysis and was advised that it
contained cyanide of mercury, but because he attributed his patient's death
to diphtheria, the damning chemical report was not called to the attention
of the police until after the murder of Mrs. Adams. The authorities then
ordered Barnet's body exhumed, and the postmortem examination confirmed
the presence of cyanide of mercury.
The police investigation, with the able participation
of Detective (later Deputy Inspector) Arthur A. Carey, hunted for a killer
who had to fit a unique profile. He must have had reason to desire the
elimination of both Barnet and Cornish, two members of the Knickerbocker
Club, and must also have had access to the uncommon poison, cyanide of
mercury. Through the initiative of club members who thought they recognized
the handwriting on the Bromo Seltzer mailing package, the attention of
the police was drawn to a man who seemed to fill the bill precisely: a
former club member named Roland B. Molineux.
Molineux, the thirty-one year-old son of a
Civil War general, Edward Leslie Molineux, was a chemist and the superintendent
of a Newark factory of Morris Herrmann & Company, a manufacturer of
dry colors. The plant had a well equipped laboratory containing Prussian
blue, chrome yellow, and other chemicals from which poison, including cyanide
of mercury, could be produced. Rumors indicated that Molineux had strong,
although varied, grievances against the two intended poison victims. Molineux
and Barnet, it was said, had paid court to the same young woman, Blanche
Chesebrough, who was regarded as a great beauty in spite of an artificial
eye. When Barnet lay on what was to prove his deathbed, he received a letter
from Blanche in which she expressed distress to learn of his illness and
also assured him of her desire to see him to resolve some misunderstanding
that had arisen between them. Seventeen days after Barnet's death, she
married Molineux.
Although crime annals had taught that men
murder for far less substantial reasons than those that impel them to commit
lesser crimes, Molineux's grievances against Cornish (were Molineux indeed
the
[636]
sender of the Bromo Seltzer package) would set a new standard in triviality.
The police were told that Molineux had left the Knickerbocker for another
athletic club after an unsuccessful campaign to have Cornish ousted from
his post. Molineux's complaints had been many. Cornish had refused to follow
his orders in connection with the club's plans for an amateur circus. And
he had declined to order the make of horizontal bar preferred by Molineux,
who was a champion gymnast and member of the club's athletic committee.
He had written an insulting letter about a lawyer friend of Molineux, Bartow
S. Weeks, asserting that Weeks was "guilty of a dirty piece of business."
Still worse, Cornish had allowed strangers and athletic members to use
obscene language in the club's swimming pool. Finally, it was said that,
as Cornish was going downstairs from the room in which the club's board
had rejected Molineux's complaints against him, he came upon his adversary.
"You son of a bitch," he greeted Molineux, "you thought you would get me
out and I got you out." Molineux resigned from the Knickerbocker Club in
November 1897.
As the investigation proceeded, a strange
pattern of pre-murder conduct appeared to bind the two poisonings more
closely together. Prior to the death of Barnet and the attempt on Cornish,
fictitious letter-office accounts were established in the names of both
intended victims; by this means, active correspondence was conducted in
a disguised hand, ordering cures for impotence and other patent medicines.
The medicines ordered from the "Barnet" letter-office box, established
in late May 1898, included Kutnow powder; the renter of the box, whom the
proprietor, Nicholas Heckmann, identified as Molineux, had called about
twenty times to pick up his mail and packages. The "Cornish" box was rented
on December 21, 1898, and a sample box of Kutnow powder ordered shortly
thereafter by the false Cornish was delivered to the police by the letter-office
proprietor in January. The personal information that was supplied in a
"diagnosis blank" relating to a remedy applied for in the "Barnet" correspondence
more accurately described Molineux than Barnet. The correspondence in both
letter-office boxes contained many misspellings. In his memoirs, Detective
Carey asserted that in samples of handwriting given by Molineux at the
request of the police, he repeatedly spelled the word "forty" with a "u,"
as was done on the Bromo Seltzer mailing wrapper.
The police were also successful in tracing
the contents of the lethal package mailed to Harry Cornish at the Knickerbocker
Club. The toothpick holder had been sold by Hartdegen's jewellery store
in Newark on December 21; saleswoman Emma Miller remembered her customer
as a man with a sandy Van Dyke beard who had asked for something to hold
a bottle of Bromo Seltzer on a lady's dresser. (A number of Newark
[637]
wigmakers conveniently told the press that they had sold red beards
about the same date.) The bottle used by the poisoner was identified by
a mark as originating with Powers & Weightman, manufacturing chemists.
Soon another important breakthrough was announced.
At the inquest Molineux had denied ever having seen a letter in his ordinary
hand on robin's-egg-blue paper with three overlapping silver crescents.
That letter had been sent to Dr. James Burns, asking for a medicine for
impotence. The same stationery was used in correspondence through the fictitious
letter-office boxes. It was now reported by the Newark police that Mary
Melando, a fellow employee of Molineux at the Herrmann factory who took
care of his rooms there, had seen sheets of similar paper in the drawer
of his sideboard.
Mary told friends that Molineux had seduced
her when she was thirteen years of age and that they had remained lovers
until two years ago. Despite his abandonment of her in favor of Blanche,
they still remained something of a mutual-aid team; she cleaned his rooms
at the factory, and he had interceded in her behalf when she was caught
in a police raid on a brothel. Full of gratitude, Mary refused to leave
New Jersey to testify for the prosecution at the trial in New York City.
Under the procedures of the day, she could not be compelled to cross the
river. The means that were used to procure this essential witness for the
state are worthy of James Bond. Detective Carey recalls the episode in
his memoirs:
She did testify, and in New York City.
How she came to do this I shall not detail. Suffice it to say that she
was fond of the theatre. She attended one in Paterson, New Jersey, one
evening. She left the theatre after the performance in a great hurry and
went to the railroad station. Two trains going in opposite directions pulled
in. A man cried, "This train for Newark." Mary stepped aboard it. She discovered
it was not going toward Newark but towards Suffern, New York. But the train
had started. She got off at Suffern, and stepped into the arms of [Police
Sergeant] McCafferty, who was waiting at the depot.
Indicted in July 1899 for murder in the first
degree of Katherine Adams, Molineux went on trial on December 4 before
the already-mentioned Recorder John W. Goff, presiding judge of the Court
of General Sessions of the Peace. The redoubtable judge, ruddy-faced and
white-bearded, has been described by Samuel Klaus, the editor of the trial
volume, as "a convincing judge . . . who made up his mind as to the guilt
or innocence of the accused; if he could not comment to the jury on the
evidence, he used his discretion with liberality in favor of the side of
justice as he saw it." Because of the barrage of pre-trial publicity, over
[638]
five hundred talesmen had to be examined before a jury could be empaneled.
The assistant attorney general, James W. Osborne, who was responsible for
the state's case, faced this painfully selected jury with some reason for
trepidation. Even though Recorder Goff might well be expected to favor
the prosecution, Osborne was faced with the heavy burden of establishing
guilt for the most secret of murders - poisoning - through the accumulation
of circumstantial evidence. This burden was made more imposing in the Molineux
trial by the physical remoteness achieved by the poisoner through the mailing
of the lethal package. Osborne's grand strategy was to establish that the
attempts on Barnet and Cornish were made in pursuance of a common design
in which each murder was accomplished through the anonymous mailing of
a package of patent medicine laced with cyanide of mercury and preceded
by letter-office correspondence with remedy manufacturers in the forged
name of the intended victim. Under this approach, evidence of the common
authorship by Molineux of the Barnet and Cornish correspondence and of
the address on the Bromo Seltzer mailing package would be a powerful means
for bringing the whole scheme home to the defendant.
In following the prosecution plan, Osborne
encountered a number of obstacles. After equivocating during direct examination,
Emma Miller, the seller of the silver holder mailed with the Bromo Seltzer
bottle, stated positively during recross-examination that Molineux was
not the man she had waited on and that there was no possibility of her
being mistaken. And although Nicholas Heckmann identified Molineux as having
personally hired the letter-office box in Barnet's name, Joseph Koch, at
whose office the Cornish account was later established, was equally sure
that, while the defendant had called on him to talk about a letter-office
box, a box ultimately was rented in Cornish's name by a "third man." The
fiercest battle was fought over the authorship of the forged correspondence,
with the prosecution offering fourteen expert witnesses, including two
perennial handwriting analysts, John F. Tyrrell and Albert Osborn, who
both reappeared in the Lindbergh kidnaping case thirty-five years later;
the defense relied on the advice of another eminent authority on questioned
documents, David Carvaho, who had in the previous year appeared for the
prosecution in the trial of Margaret Cody for attempted blackmail of the
Gould heirs.
On February 6 defense counsel Bartow S. Weeks,
the same lawyer Cornish had maligned in the letter that had fueled Molineux's
anger, surprised the courtroom by declining either to offer evidence or
to move for dismissal. He stated instead his belief that the prosecution
had failed to establish its charge and immediately began his closing argument.
When the jury returned after a day's deliberation, Week's confidence proved
unfounded. The verdict was guilty.
[639]
Undaunted and against the advice of his lawyer,
Molineux addressed the court before the death sentence was announced. He
had not bought the bottle holder, hired the Cornish letter-office box,
or possessed any of the instruments used in the crime. Nicolas Heckmann's
testimony that he had opened the Barnet letter-office box was blamed on
the sensation-seeking press: "Yellow journalism put a price upon my head.
It was an invitation to every blackmailer, every perjurer, every rogue,
every man without principle but with a price, and to that invitation Mr.
Heckmann responded." On March 26, 1900, Molineux was taken to Sing Sing
prison.
In 1901 his appeal came before the New York
Court of Appeals. The court unanimously reversed the conviction and ordered
a new trial.
All seven judges agreed that the trial court
had erroneously admitted hearsay testimony by Barnet's principal physician,
Douglass, as to statements made to him by Barnet to the effect that he
had received the Kutnow powder through the mail and that he had become
ill after taking a dose of it. Presumably Barnet's condition at the time
of the alleged statements was not regarded as sufficiently hopeless for
these crucial revelations to be regarded as "dying declarations." (Analogous
hearsay evidence was admitted in the defense of Klaus von Bulow at his
first trial, in 1982, for the attempted murder of his wife, when a hospital
technician testified as to Mrs. von Bulow's statement that she had tried
to kill herself.)
On a broader issue of evidence that struck
a devastating blow to the prosecution's case on retrial, the court split
four to three. In a signal victory of common law over common sense, the
majority held that admission of any evidence relating to the alleged killing
of Barnet was barred by the general rule that "the state cannot prove against
a defendant any crime not alleged in the indictment, either as a foundation
for a separate punishment, or as aiding the proof that he is guilty of
the crime charged." Holding that none of the recognized exceptions to that
rule applied, the majority decided that evidence of the Barnet killing
did not establish that the two murders were committed pursuant to "a common
plan or scheme," nor did it tend to identify Molineux as the same person
who committed the two crimes. In the majority's view, the use of cyanide
of mercury in both cases no more established a common scheme than if the
two victims had been shot -- and indeed, the majority opinion noted, the
widely differing motives put forward for the two crimes tended to disprove
any connection.
The majority also discounted the significance
of the letter-office box correspondence conducted in the names of the two
intended victims, observing that this evidence showed merely that "if the
same person was operating through both boxes, he was employing similar
means for
[640]
different ends, or for some common purpose not disclosed by this record.
The methods referred to are as identical as any two shootings, stabbings
or assaults, but no more so."
The principal dissenting opinion, written
by Chief Justice Parker, appears to have by far the better of the arguments.
The opinion noted that cyanide of mercury, the poison used in both killings,
"is a rare and unusual poison, not kept on sale by druggists generally
as strychnine and many other poisons are, and the books of the medical
and chemical professions record only five cases, prior to these, of death
by that poison." The fact that within a period of seven weeks two murder
attempts had been made with this rare poison suggested the likelihood that
one person had sent both packages. Parker also regarded the evidence of
the correspondence carried on in the names of the two intended victims
as relevant, not only because of the testimony by lay and expert witnesses
that it was all in the handwriting of Molineux, but also because "there
is to be gleaned from the letters themselves and the circumstances surrounding
and attending their writing very strong evidence that one brain conceived
and carried out both schemes." In each case the letter-office box was hired
in the name of the intended victim; remedies for impotence were ordered
in the victim's name; both the Cornish and Barnet letters were undated;
and both series of letters, as well as the address on the poison package,
contained misspelled words.
While the majority seemed troubled by the
fact that the fictitious correspondence in the letter-office boxes had
no rational connection with the ensuing murders, Chief Justice Parker clearly
did not find it necessary to do more than note the highly unusual fact
that the strange activity with reference to each intended victim preceded
the mailing of the poison. Perhaps a more profound awareness of the irrationality
often associated with criminal malice would have supported the view that
the opening and use of the letter-office boxes in the names of Barnet and
Cornish were hostile actions by which the would-be murderer appropriated
the names and personalities of his intended victims before he made his
attempts on their lives.
At the retrial, which began in October, 1902,
a number of factors swung the balance in Molineux's favor. First, of course,
was the appeal court's ruling that evidence relating to the Barnet poisoning
was inadmissible. Only six of the harmless Barnet letters were admitted
as standards of comparison with the Cornish letters; the rest were excluded.
Another advantage was that Mary Melando, having been tricked once by the
police, could not again be enticed into an appearance in New York City.
[641]
But by far the most dramatic turnabout was
the decision of the defense to put Molineux on the stand. Calm, smooth
and convincing, he established an alibi for the afternoon on which the
poison package was allegedly mailed at the General Post Office on Park
Row - he was visiting a professor at Columbia University. He denied authorship
of the Cornish and Barnet letters and maintained that he had never even
heard of cyanide of mercury. He now admitted writing to Dr. James Burns
on the celebrated robin's-egg-blue paper but claimed that he must have
picked up a sheet in some restaurant or hotel.
David Carvalho, never known to underrate his
own importance, subsequently cited as a major turning point a blunder by
Osborne, the assistant district attorney, in his heckling cross-examination
of Molineux. Osborne asked the defendant how he came to engage Carvalho,
who had the reputation of testifying only if strongly persuaded of the
truth of the position he supported. "He came to my lawyer's office," Molineux
testified. Then Osborne made the classic cross-examiner's error, venturing
a question calling for an answer that he could neither predict nor challenge:
"Well, what did he say?" The defendant, glad of the opportunity, gave a
devastating response: "He said that if he came to the conclusion that I
had written the compromising paper, he would at once inform the district
attorney and deliver me up."
All in all, the cross-examination was an unqualified
triumph for the defendant. His father, the general, observed after his
son left the stand: "Roland bore himself under fire like a true Molineux."
The old soldier's confidence was amply justified,
for the jury acquitted Roland after twelve minutes' deliberation.
After his acquittal, Molineux gave up the
paint business for literature, writing plays, stories, and poetry. In 1903
he published The Room with the Little Door, a collection of sketches
based on his experiences in the Tombs prison and the death house at Sing
Sing. Strange to say, it is a distinctly sunny work and even has good words
to say in behalf of the "third degree," which he assured his readers was
never applied to him. Critics hailed the book as the first fruit of a sensitive
and promising young talent. David Belasco in 1913 produced Molineux's melodrama
of prison life, The Man Inside.
A year later, the newspapers reported that
Molineux had escaped from a sanitarium in Babylon, Long Island, where he
had been under treatment for a nervous breakdown and "had started for a
run in the village, without trousers and dressed in running shirt and a
bathrobe." With the consent of his father, he was committed to the King's
Park State Hospital for the Insane, where he died in 1917. The hospital
records attributed his death to general paralysis, cerebral type, due to
syphilitic infection (general paresis).
[642]
If it is pardonable in retrospect to conclude
that Roland Molineux's first jury was the wiser one, he can be seen as
a murderer whose career anticipated by almost a century some of the most
extraordinary phenomena of present-day American crime. In the details of
his technique - the lacing of a painkiller with cyanide, the use of an
ostensibly original sealed drug package, and the indirect means of delivery
of the poison, he is the ancestor of the still-unknown murderer who killed
seven people in the Chicago area in 1982 with poisoned capsules of the
aspirin substitute, Extra-Strength Tylenol. Moreover, as a murder convict
who was able to turn the experiences of imprisonment into a literary career,
he blazed the trail for Jack Henry Abbott. In 1981 Abbott (who had stabbed
a fellow inmate to death in 1967) was paroled in large part due to Norman
Mailer's trumpeting of the literary merit of a collection of the convict's
prison correspondence (published as In the Belly of the Beast).
In both these cases, Molineux's modern successors have outdone him in horrors.
The Tylenol murderer claimed many more victims and, so far as is known,
had no grievances against any of them; and while Molineux's brief literary
celebrity left no ill effects except a few bad books, Abbott, only a few
months after his release, killed again, stabbing an actor and part-time
waiter in a dispute at a restaurant in lower Manhattan.
[643]
* This article was previously published in 69 ABAJ
282-286 (March 1983) and in Jonathan Goodman (ed.), The Christmas
Murders 49-67 (London: Allison & Busby, 1986). As republished in
the present collection, the article is based on the London text, which
differs in its concluding section from the original. |