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


Preliminary Hearing on Laxzie boruen Con-
tinued Unsil the SD.
Fall RIVER, MASS, Aug. 12.-Lizzie @. Bor-
den was arraigned in the second district court
before Judge J. @. Blaisdeli this morning on
charges of homicide, arising from the killing Of
her father and stepmother. The court room
vas crowded to sufocation BY a motley
crowd of curious people in no wav di-
rectly interested and Miss Borden's friends
at court 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 a
dark blue tailor made gown and wore a 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 q 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 1t
recited that tho prisoner objected to the OPEN
ing Of o 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 CON-
plant. The reading was waved, and Mr.. Jen-
nings said he would enter plea Of not guilty
District Attorney Knowltoa, 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 homi-
eide, and did so in very weak voice, saying
''Not guilty"
The clerk did not hear hes, whereupon Miss
Borden said in . quite loud vice, "Not guilty."
putting strong emphasis on tie first word
Mr.. Jennings then began Il argue for the &C
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 as attorney for
Lizzie Borden he had been refused permission
to enter and guide his ellen while an inquiry
was being made. 1t was not 70 be expected of
an inquest and trial and decite fairly in both
cases. The proceeding, according to Mr.. Jen-
nings, was wholly unprecedented.
District Attorney Knowlton entered de-
murrer against the plea. He said ne knew of
more than twenty eases in his career where SIM
liar proceedings we're gone through with and
they failed to attract attention because the
crimes were not attended by such extraordinary
circumstances those which preceded this ar
raignment. The matters Of an inquest and the
matters of Q trial were entirely distinct and ii
was not complimentary to his honor's judgment
4
The governments demurrer was finally sus-
tanned and Mr.. Jennings filed an exception.
He moved for trial at once.
District Attorney Knowleton objected on the
ground that an inquest was still going on. He
asked for continuance until Monday, August
~. and 1t was granted.
Mr.. Morse aud Bridget Sullivan were then
held as witnesses in the sum OF $500 each.
Mise Borden was asked 10 stand up and was
committed without bail She left tho court
room leaning on Mr.. Bucks arm and was
closely followed by Marshau billiard who again
placed her in charge of Matrou Russell. She
will probably remain in charge Of the local ma
tron until . week from Monday. At that time
it is expected that preliminary trial will b
commenced before Judge Biaisdeil.
The Borden safe was opened this morning af-
ter Boston locksmith had been at work at il
about eight hours. The contents of it will not
be given for publication. They were bundled
and tied with a strong cord and after Attorney
Jennings and Officer Harrington had affixed
their signatures on the outside the bundle was
taken to the Safe Deposi. and Trust Company
and deposited.
THE CHARGE.
The text Of the complaint in the eases il as
follows: Rufus H. billiard, city marshal Of Fall
River, in said county, in behalf of said CON-
monwealth, on oath complains that Lizzie A.
Borden of Fall River. in the county of Bris-
Aforesaid, the 4th day of August
upon one Andrew J. prden, feloniou lv, 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 w.t. q
Ratchet. in and upon the head of the
said Andrew ]. Borden, then and there
feloniously, willfully 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 j. 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 tina,
the said Lizzie A. Borden the said Andre
Borden, in manner and form aforesaid, then
and there feloniOusy, wiilfully and of her malice
aforethOught did kill and murder.
(Signed) X. H. HnLIARD.