Episode 20/21: The Poison Precedent
New York v. Roland Molineux
In 1898, two fatal poisonings horrified New Yorkers. When it emerged that both victims were connected to one person, a wealthy young chemist named Roland Molineux, the police thought they had their man. But proving their suspicions was easier said than done, and convicting Molineux would require creativity on the part of the police and the district attorney. Would their legal tricks succeed...or get their case thrown out? This is a two part series.
Episode Resources
Episode Transcript
Works Cited/
Referenced
Part One:
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“Barnet Case in Molineux Trial,” The New York Times, January 5, 1900, pages 1-2.
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“Death in a Christmas Box,” The New York Times, December 29, 1898, page 1.
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Entry for Henry C. Barnet, 1894 in “New York Passenger Arrival Lists (Ellis Island),” FamilySearch.
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“Harry Cornish Coming Here,” The New York Times, December 18, 1895, page 15.
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Randolph N. Jonakait, “People v. Molineux and Other Crime Evidence: One Hundred Years and Counting,” American Journal of Criminal Law, vol. 30, no. 1 (Fall 2002), 2-43.
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G. Gordon Liddy, Will: The Autobiography of G. Gordon Liddy (New York: Macmillan, 1996).
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“Mamie Melando Weeps When Examined By Goff,” The Brooklyn Daily Eagle, December 11, 1899, pages 1-2.
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Maureen Murphy, “Goff, John W.” Dictionary of Irish Biography, October 2009.
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Dorothy H. Osborn, “Osborne, James Walker,” written 1991, revised by SLNC Government and Heritage Library, July 2023, in Dictionary of North Carolina, ed. William S. Powell (Chapel Hill, NC: University of North Carolina Press, 1979-1996), via NCpedia.
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Renee Savits, “‘It’s A Southern Sun That Shines Down On This Yankee Boy’: The E. L. Molineux Collection,” The UncommonWealth, September 28, 2016.
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Suzanne Spellen, “The Hiram S. Thomas Story: Brownstones, Potato Chips, Black Excellence in 19th Century Brooklyn,” Brownstoner, February 7, 2022.
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Harold Schechter, The Devil’s Gentleman: Privilege, Poison, and the Trial That Ushered In The Twentieth Century (New York: Ballantine Books, 2008).
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“Weeks’ Eloquent Plea,” Rockland County Journal, February 10, 1900, page 8.
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Dorothy B. Wilkinson, “Battle, George Gordon,” in Dictionary of North Carolina, ed. William S. Powell (Chapel Hill, NC: University of North Carolina Press, 1979), via NCpedia.
Part Two:
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“Bartow Weeks,” Olympedia.
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Articles from The Buffalo Enquirer:
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“Molineux’s Life at Stake in Legal Battle,” June 17, 1901, pages 1,7.
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“David B. Hill Tells Why Molineux Ought to be Electricuted [sic],” June 18, 1901, pages 1, 9.
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“Fate of Molineux, For Life or Death, Now With The Court,” June 19, 1901, pages 1, 7.
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Sharon Driscoll, “Stanford’s Robert Weisberg on Overturning of Harvey Weinstein NY Conviction,” Stanford Law School, April 26, 2024.
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Mark Dwyer, “The People v. Harvey Weinstein: The Question of Prior Bad Acts,” New York State Bar Association, July 8, 2024.
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Susan J. Eck, “The Milburns and their famous home: 1168 Delaware Avenue,” Doing the Pan, 2001.
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28 USC App Fed R Evid Rule 404: Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes.
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Thomas P. Franczyk, “Molineux and Sandoval Evidence – Two Sides of the Same Coin,” Assigned Counsel Program of Erie County, November 4, 2020
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Rose Friedman, “How The ‘Molineux Rule’ Permits Certain Witnesses In The Harvey Weinstein Trial,” NPR, January 29, 2020.
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Marta Hafner, “Prior Bad Acts: The Legal Ethics of California Evidence Code Section 1108,” Santa Clara Law Review, vol. 57, no. 2 (2017), 519-537.
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Deborah L. Heller, “Death Becomes the State: The Death Penalty in New York State - Past, Present and Future,” Pace Law Review vol. 28, no. 3 (Spring 2008).
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“John S. Lambert,” Historical Society of the New York Courts.
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Randolph N. Jonakait, “People v. Molineux and Other Crime Evidence: One Hundred Years and Counting,” American Journal of Criminal Law, vol. 30, no. 1 (Fall 2002), 2-43.
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Dan M, Kahan, “Culture, Cognition, and Consent: Who Perceives What, and Why, in Acquaintance-Rape Cases,” University of Pennsylvania Law Review vol. 158 (2010), 729-813.
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Sara Lupi, “The Molineux Rule: How This Exception to the Rules of Evidence Could Impact the Harvey Weinstein Trial,” Syracuse Law Review, June 21, 2018.
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Roland Burnham Molineux, The Room with the Little Door (New York: G.W. Dillingham Company, 1902), via Project Gutenberg.
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“Roland Burnham Molineux,” FindAGrave.
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Articles from The New York Times:
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“Molineux Makes No Defense,” February 7, 1900, page 4.
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“Dramatic Scenes at Molineux Trial,” February 8, 1900, page 12.
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“Molineux Trial Nears the End,” February 10, 1900, page 4.
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“Molineux Guilty in First Degree,” February 11, 1900, page 1.
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“Col. Gardiner is Removed,” December 23, 1900, pages 1-2.
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“Fight for Admission of “Barnet Letters”,” October 18, 1902, page 16.
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“Molineux’s Trial Progresses Rapidly,” October 21, 1902, page 1.
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“Quick Pace Set in the Molineux Trial,” October 22, 1902, page 1.
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"Tells of Molineux’s Hatred for Cornish,” October 23, 1902, page 1.
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“Molineux’s Avowal of Hate for Cornish,” October 24, 1902, page 6.
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“Molineux to Testify in His Own Defense,” October 25, 1902, page 3.
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“Says Molineux Defense Keeps Witnesses Away,” October 29, 1902, page 1.
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“Prosecution Rests in the Molineux Case,” October 30, 1902, page 16.
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“Molineux Testifies; Calmly Denies Murder,” November 1, 1902, pages 1-2.
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“Molineux’s Ordeal Speedily Ended,” November 2, 1902, pages 1-2.
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“Woman Witness for Molineux Not Called,” November 6, 1902, page 16.
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“Policeman’s Wife Testifies for Molineux,” November 7, 1902, pages 1-2.
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“Testimony Ended in the Molineux Case,” November 8, 1902, pages 1-2.
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“Mr. Black Closes Molineux’s Defense,” November 11th, 1902, pages 1-3.
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“Molineux Free, Receives Ovation,” November 12, 1902, pages 1-2.
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Dorothy H. Osborn, “Osborne, James Walker,” written 1991, revised by SLNC Government and Heritage Library, July 2023, in Dictionary of North Carolina, ed. William S. Powell (Chapel Hill, NC: University of North Carolina Press, 1979-1996), via NCpedia.
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People v. Molineux, New York App. (1901).
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People v. Weinstein, New York App. (2024).
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Matt Perez, “Errors in Weinstein Prosecution Lead to Retrial,” Syracuse Law Review, May 9, 2024.
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Harold F. Peterson, “Buffalo Builds the 1901 Pan-American Exposition,” via History of Buffalo.
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Jan Ransom, “A Timeline of Weinstein’s New York Case,” The New York Times, updated Mary 23, 2024.
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Harold Schechter, The Devil’s Gentleman: Privilege, Poison, and the Trial That Ushered In The Twentieth Century (New York: Ballantine Books, 2008).
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Robert Walsh, “Sing Sing’s Death House – 1891 to 1963,” CrimeScribe, June 4, 2021.
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Wex Definitions Team, “MIMIC Rule,” Legal Information Institute at Cornell Law School, last updated July 2023.