Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-06-19
An Appeal to the Intelligence Of the
Jurors.
TRICKERY DISDAINED.
Scenes in the Court Room During
the Argument.
THE RUSH FOR ADMISSION.
The Prisoner Much Affected by Kind
Reference 10 Herself

the arguments in the Borden case brought out
a terrific jam at the court house, and over an
hour before tine time OF the opening the doors
were besieged by people, mostly ladies in boli-
day attire, all hoping to get seats. But there
were too few seats for the accommodation Of
tenth part Of the claimants and there was much
grumbling in consequence.
When The court ready for opening there
were many ladies standing in the aisles, but
they were quickly ushered to the ante rooms
and corridors and obliged to sniff the battle
from afar. The bar Enclosure was packed with
legal lights.
The Jury took their seats Mt SIS. looking
quite refreshed after two days rest and q few
minutes later Miss Borden came in, q bunch Of
pinks in her hand and a contented smile ON her
face.
ARGUMENT FOR THE DEFENSE.
Almost Immediately Gov. Robinson began his
argument. He said:
MAY il please your honors, Nj. Foreman
and Gentlemen: One Of the most dastarcly and
diaboical crimes ever committed in Massachu-
sets was perpetrated in August, 1891, in Fail
River. The enormity of it startled everybody;
every man feels that wrong should be righted
and the wicked brought to justice Here was .
crime with all Its horrors and who could have
done such an act? asks everybody.
"In the quiet Of a home in that broad day-
light the streets of populous city, who
could have done it, Inspection showed that
Mrs. Borden had been slain by the use Of some
sharp instrument. and below stairs Mr..
Borden's mutilated body. The terrors of those
scenes no language can portray, and we are
challenged at the outset % find who equal
to that enormity; whose whole heart lie black
ened with crime-a msniac. not man OF senses
and heart, a lunatic. devil
They we're well-directed blows which caused
those deaths, not directed by blunder, none
going amiss.
'.Surely we can saw at the outset that this was
not the careless, unframed doing of one un-
familiar with such work.
Now suspicion begins TO fall here and every
where. They surround this and thst one and
follow out clues everywhere. No decent man
complains Of investigation and everything
which ought to be done, but say everything
was not done and the proper methods were not
I taken"
Tracing the course Of all suspected persons
from the preliminary hearing to this trial the
speaker said that in all those proceedings the
prisoner had no voice.
1.-The government said il we can't prove It
against her she shall 60 free. but II one
sided, and you are TO draw no inference what
ever from the proceedings of the preliminary
hearing. We would not be safe il in these great
crimes our lives hung on the words Of single
man.
1--WE come here TO seek freedom and right
through you gentlemen. As You begin to con-
template this crime Won must say such acts
are Enthusiastically and morally impossible
for this young woman. It's a wreck Of human
morals TO say this Of her.
1.-The defense complains of no persecution
on the part of the district attorney. He has
only one duty TO do. and with his weil-earned
fame at the bar he has need to search for
fame, and he will be the last man to attempt
such; he stands above such things and saws;
All have il the case IS IL is and rs il was
brought me by the police OF Fall River He is
not here for blood. neither is he helped for that
Purpose bv our friend from Essex county. SO
you see no small play, no mean tactics on the
part of the commonwealth, only presentation
Of what has been proved here, aud only that.
KIND TREATMENT or THE PRISONER.
Here the speaker referred to the kind manner
in which the sheriff had used Miss Borden. and
said: ''She came into this court, presided over
BY our ablest justices. who want for the COM
monwealth the case tried fairly. and now you
are only to draw out the facts.
II said the case was brought here by the Fall
River police. haven't time to so into sarcasm
, and denunciations. The blue coats and brass
: buttons cover up what Is inside; the ofhcer II
always magnifying this and minimizing that
, |, and looking for the one who committed tbs
; deed upon which they are at work The WIT
: ness stand brings out their weakness when they
knock their own heads together, but after al
: they show themselves to be only men with
. man weaknesses. So / say TO YOU this defend
: ant comes before YOU perfectly satisfied that
the Jury is the most refreshing aspect that the
, ewes Of human beings ever Toasted upon. You
: are men, Bristol county men. with hearts,
! heads, souls and right minds. and you come
here in obedience to the laws. because in answer
to their demands you must render this grea,
service: YOU are loyal to the state and TO CON-
mon humanity. Bring your hearts. your homes
and your intellect here and let is talk to You n
I men.
Lizzie A. Borden has been in your charge
: from the day we opened this case, and nov
: comes the time when not alone are her lawyers
: to speak for her and the justices to speak, oul
!, you twelve men take her in charge
''She 10 not the property OF anybody. but
free intelligent. innocent woman, in YOU
charge This woman has never been alone in
this court room, but has been watched ovei
| carefully. You. in irving this woman for life
u are bound to saw: Il will critically consider thu
question, and will make no mistake. For I
: | YOU do no power earth can right IT. Ths
! man want TO see in the jury box is he who saws
as YOU have said. that he has read aud had opin
IONS but You are capable of using common
y sense The man don't like TO rec is the one
e who is like a piece of putty to take the impress
g sion of the last one who comes in contact viii
!, him Every man Of YOU Is man enough 20 Sc,
when some one presents an idea in your jur,
u room that is not in the to say IL lie no
q your business to unravel the mystery. but sim
q ply to saw. is this woman guilty. That's all
N and though the real criminal shall never b,
!. found, better that than you should find a wronl
= verdict. Not who did il. how could il hav
been done, but did she do it? You must no
: think for a moment that this defendant is Sc
: for the finding out OF who did il. She 10 not
N detective and she has been in jail FOR min
. months under constant surveillance since tn
' very dsy almost of the murder.
!. Don't ask her TO do impossible things, TO d.
= what she can't do; the commonwealth does no
want any victims. In oiden DAYS sacrifice
, were offered. but in these Gays We don't eSe'
J. burn witches in Massachusetts. ask you onl,
: be true TO yourselves.
: There always goes with any person the pre-
sumption Of innocence of crime: that - on
. bulwark. and il started with her from the ia,
. she was taken in charge and it never leaves ne
until that presumption is overcome ana she
: declared guilty. Bear in mind that that pre-
y SUMPTION il always in the scale and the scale n
always tipped in. the prisoners favor unit
y timed the other way. The court wlll explall
u the evidence but will not and there Is no neee
y for me to 60 into il fully, because deem
y unnecessary IL YOU are asked TO analyze an,
l. evidence look 70 il il fits and whether thu
chain Of circumstantial evidence Is complete
before Won make up your minds. The magnl
tnae of A mistake is not TO be lightly consid