The Providence news. (Providence [R.I.]) 1891-1906, 1892-08-16

Hearing.
FALL RIVER, Mass, Aug. 16.-The most
important subject OF talk in town II that
relating to the prospects for securing an
impartial preliminary hearing for Miss
Lizzie A. Borden, next Monday. The
point raised by Counsel Jennings has
started discussion.
The Daily News puts the matter In the
best light, as follows: "There IL very
general opinion among lawyers and citi-
Eens that Judge Blaisdell should not pre-
side over the preliminary examination on
Monday next. This statement Ia made,
it was argued, by Mr.. Jennings on FRI
day, without the intention OF casting any
personal ref iections upon the justice. IL
is only urged because, having heard the
governments side of the case that was
presented in its fullest and strongest
light, he must be prejudiced In forming
his opinion; in fact, consenting TO
warrant, he has already made his opinion
public.
"It is argued that whoever the justice
may be he would be likely to find the ac-
cused probably guilty. The case may
have the fullest exposure and venttiating
before the court has power to take 1uris-
diction should guilt be established.
One of the strongest believers In Miss
day. Miss Lizzie and her truest friends
should court the fullest Investigation.
When she is acquitted, her innocence
should be SO fully established that not
shadow Of suspicion can remain against
her. 1t was urged, however, that the
prisoner had the right to have sufficient
government evidence exposed to indicate
what line of action was to be pursued; to
show what line of defence she must pre-
pare to meet 1t.
"At a hearing before a justics who is
ignorant OF all the real facts, more
would have to be exposed to warrant her
holding, than at hearing before a jus.
tice who is already fully informed as to
the governments case. The object OF
the government should be the convic-
tion OF the guilty party, rather than the
establishment that 1t has not been in err
ror thus far.
This opinion is the principal topic OF
conversation in club circles and may be
taken as severe reflection upon the
statutes of the state which allow dis
trict justice to preside at all inquests
and conduct all preliminary trials.
Among those who are most intimate
with Judge Blaisdell, the presiding JUS
tice, IL il contended that no better man
could sit on the bench to determine her
probable guilt or innocence.
He 10 allied with the best families In
In addition, he had been heard to express
ON opinion on the case before Miss Lizzie
was strongly suspected, which was en-
tirely in her favor.
The case assumes no new features as
the time for the hearing draws nigh. 1t
Is thought that IL Mr.. Jennings can get
an opportunity to examine Miss Sullivan
before the final trial, he can readily Sc
cure strong enough evidence to rebut
what have thus far been wavering state
ments.
1t has been noticeable here for several
days that intelligent persons have ceased
giving positive opinions on the merits OF
the case. Temperate minded people will
not talk at length about facts, but will
argus that no fairer trial can be secured
than may be had in this city.
There has never been any intense anger
here against Miss Borden, despite the
weight of the charge made against her.
The most prominent lawyers in the city
have changed their opinions on the mer-
its of the case since District Attorney
Knowlton ordered the arrest. They have
great confidence in MIR. Knowlton's sense
OF justice in ordering the city marshal to
lock Miss Borden In felon's cell.
Another topic Of discussion relating to
the crime is the small bail furnished by
the principal government witnesses, Miss
Sullivan and Mr.. Morse, who are held in
$500 each. When 1t is considered that
girls reputation apd life may depend on
their testimony, there seems to be good
reason for demanding that both shall be
held beyond doubt.
Marshal Hilliard's statement concern
ing the published opinions of the various
newspapers of the country, has given rise
to much speculat ion as to the character
Of the evidence that the prosecution can
submit at the trial. 1t will be Of posi-
tive nature, will be based on statements
made by Bridget Sullivan relating par
TALLY to Miss Lizzie's manner before and
after the crime.
ton to visit her sister as usual, found her
in an unchanged frame OF mind. She Is
being accorded the kindest possible treat
raent by the sheriff and his wife, the lat
ter particularly Offering much motherly
consolation, which 10 being we'll received.
Yesterday Mr.. Morse went toward
Winter street to examine a tenement
there. He declined to say why he went,
but IL is conjectured from the manner OF
the writer's Informant that the family
dislike to remain in house where they
must be subjected continuously to the
public gaze and police surveillance. The
preliminary trial Is not now regarded as
OF especial Importance in fixing the re-
Ii gives the defence an opportunity to
measure the strength Of the govern
ment's case.
1t Is an oven chance that the verdict
will be probably guilty. II the verdict
should be probably not guilty, the gov
ernment could still insist on placing ths
case before the Grand Jury and demand
an indictment over discharge ordered
by lower court. This fact makes some