Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-08-12
COMMITTED WITHOUT BAIL.



Preliminary Hearing u L,ssis Borden Con.
tinued Until the SD.
FAIL RIVER, MASS, Aug. la.-Lixzie @. Bor-
dsn was srraigned In the second district court
before Judge J. @. Biaisdeli this morning on
charges Of homicide, arising from the killing of
her father and stepmother. The court room
WIS crowded to suffocatiou BY a motley
crowd Of curious people in no way di-
at CONT were very few In number.
Mr. Morse, Bridget Sullivan, Mas Emma Bor-
den and City Missionary Buck were present.
Miss Borden, the prisoner, was represented by
Andrew J. Jennings. She was dressed in .
dark blue tailor-n made gown and wore q black
lace hat adorned with few red berries She
looked better than she did last night She en-
tered the court room leaning on Missionary
Bucks arm. She was somewhat nervous. but
did not show feeling by either tears or tremb-
ling. She was given seat BY her counsel and
her sister Emma. and Rev. E. A. Buck occupied
. seat in front Of the dock.
The trial was commenced BY the entering of
plea signed and sworn to by the prisoner II
recited that the prisoner objected to the OPEN
ing OF . trial before a justice who was ALREADY
sitting at on inquest held 10 determine who
committed the crime charged against her.
This plea was overruled for the time being
and the Judge asked for the reading of the com,
plaint The reading was waved, and Mr.. Jen-
ninss said he would enter plea Of not guilty.
District Attorney Knowitoa, who was con-
Quoting the governments csc, insisted that
Miss Borden plead herself
The clerk OF the court asked her to stand up.
which she did firmly and without assistance
She was then asked to plead b charges of hon,i-
eide, and did so in q very weak voice, saving,
''Not guilty" Z.
The clerk did not hear he, whereunon N;ss
Borden said in quite loud vice, "Not guilty.
putting strong emphasis on tie first word
Mr. Jennings then began I, argue for the ac-
ceptance Of his plea that hi client should not
be examined before the cart where she had
already been examined at the inquest. The
proceeding, he claimed, was contrary to all law
and justice. He added. that a. attorney for
Lizzie Borden he had been rfused permission
to enter and guide his c.ientHhile an inquiry
was being made. II was not 70 be expected of
human nature that the same jdge could act at
an inquest and q trial and dec,ie fairly in both
cases. The proceeding, accoding to Mr.. Jen-
nings was wholly unprecedented.
District Attorney knowltoi entered de-
murrer against the plea. He Aid he knew of
more than twenty eases in his cseer where Sim
liar proceedings we're gone Though with and
they failed to attract attentia because the
crimes were not attended by sucLextaordinary
circumstances as those which preceded this ar
ralgnment The matters Of an imues and the
matters OF q trial were entirely diAinc, and il
was not complimentary to his honors juvment
to say that he could not act fairly in both,ases
The governments demurrer was finall sus- |
tanned and Mr.. Jennings filed an exeeHon.
He moved for a trial at once.
District Attorney Knouleton objected onbe |
ground that an inquest was still going ON. Ia /!
asked for a continuance until Monday, Augit |
~. and 1t was granted.
Mr.. Morse aud Bridget Sullivan were Then
held AZ witnesses in the sum OF $500 each.
Miss Borden was asked to stand up and was
committed without bail. She left the court
room leaning on Mr.. Bucks arm and was
closely followed by Marshall billiard, who again
placed her in charge Of Matrou Russell. She
will probably remain in charge Of the local ma
tron until q week from Monday. At that time
1t Is expected that a preliminary trial will be
commenced before Judge Blaisdeil.
The Borden safe was opened this morning af-
ter @ Boston locksmith had been at work at it
about eight hours. The contents Of it will not
be given for publication They were bundled
and tied with strong cord and after Attorney
Jennings and Officer Harrington had affixed
their signatures on the outside the bundle was
taken to the safe Deposit and Trust Company
and deposited.
The text Of the complaint in the eases is as
follows: Rufus H. billiard, city marshal Of Fall
River, in said county, in behalf of said COM
monwealth, on oath complains that Lizzie A.
Borden of Fall River. in the county of Bris-
tow. OF Fall River aforesaid, in the county
afortsaid, on the 4th day of August,
upon one Andrew J. B orden, feloniouly, will
fully and Of her malice afore thought, did make
assault, and that the said Lizzie A. Borden
then and there with certain weapon, to wit, a
Ratchet. in and upon the head of the
said Andrew j. Borden, then and there
feloniously, ~ilifully and of her malice
aforethought. did strike, giving unto the said
Andrew Borden. then and there, with the
Ratchet aforesaid by the stroke aforesaid, in
manner Aforesaid, in and upon the head of the
said Andrew. Borden, one mortal wound. OF
which said mortal wound the said Andrew J.
Borden then and there instantly died
And SO the complainant aforesaid, upon his
oath aforesaid. further complains and says that
the said Lizzie A. Borden the said Andrew
Borden, in manner and form aforesaid, then
and there feloniOusly, wilfully and of her malice
aforethought did kill and murder.
(Signed) X. H. HILIARD.