New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-06-16

heard of prussc acid being uscl for any house
hold purpose, but when under cross-cNamination
they were asked TO declare the properties 81 the
poison. and to say whether, with those proper
ties, il might not produce such an eject when
used in such way, they said, les, IL migh''
The Court listened to this sort OF thing Tor sohe
time, and then suggested to the District-Attorncy
that he would better abandon the attempt 10
work in the prussic-acd incident. The Court
looked upon it with disfavor, anyhow, ana couid
not he reconcicd to its use unless inc cohdi-
tons made it evidently pertinent
THREE SEVERE sETBACKs FOR TIE STATE
The States case has been much weakened pS
the Courts refusal to admit this ana other oi's u,
evidence. Its case against the prisoner require"
everything it possessed in the way oil s"gses'on
and information. If all had been admitted 'ne
issue would still be extremely doubtful. Inc
State had no resource to spare: anu III 'ii' "csi-
sions declining to receive the evidence gwen oS
Miss Borden at the Coroner's inquest, toScthef
with that of Mis-: Anna Borden, the friend WIN
whom LIME went abroad in 1890, as TO Lizzlcs
statement that her home was an unhappy ohe'
and excluding this prussic-acd story, the prosecu
ton has encountered three severe BOWS lhelr
main case, as il now stands, comes from 'i'e al
River police department. This Is most unioItu-
nate for the State not only because IN, pun n'
contradcted themselves so often and on such I'M
portant points, but because II has all along oetl
iclt that the police were on trial a. we as Ilzze
Borden If that was true V th o sne " Nf this
afternoons session. IL the evidence introduced
by Mr. Jennings is trlle-and it had all the aP.
pearances of verity-Miss Borden Is in that dock
s ss sHe if what the defendant witne, es
have sworn 10 commands belief, Assistant MirShai
Fleet and Officer Medley are perJurers ana IL
there is a particle of police perjury IN the pros
cuton's case it tumbles to the ground IN nJdp,
II is purely crcumstantal. anyhow, ana ui,icfs
it can all be depended upon no p par, o, t y -
worth considering. The position OF O'hcsr T. ley
and Officer Mullaly was particularly ,, had when
they themselves had left the stang ' f"nS I" thc
hatcher head. Fleet swore that the handle which
had been broken of close TO the iron was npMnciu
tho hoy with the head it belonged to mat ne
handled it, and Fleet handled it, ana let PI'
it back in the box. Then before rie' c"mld tell
laly could communicate or anxpooy 'ou n, "'
Fleet what Mualy had said, flee' was plo'Si IL
back to the witness-stand ana maze 10 i.pI n, Ia
statement that the handle was not 'here "i'' Nv
did not see il touch II.
ALLEGING \ POLICE CONSPIRACY:
Mistakes, of course. are always possible o"'
they ought not TO he possible TO police olcerS WIN
are swearing away human life Ana no" 81"
defence comes forward with story which MAKES
other parts of Fleets testimony Impossible an"
which convicts Mnllaly of having received 'he
information, on the very day OF the TRAGEDY, '"''
u witness had seen Lizzie Dorueh, al i aho
minutes past H. coming from the barn. where si w,
saws she had been since ] o'clock: ms ioohs
like bad faith on the part of the police ana .akcn
in connection with their own "ohtrauiS'i1uH
eyasions and undoubtcd blunders it points darKiy
at q conspiracy. The inquiry has arisen arcauN
in every rational mind whether these policemen
having failed to catch the rea murderer. nave NOT
deliberately put away cews that they might nav
successfully followed and deliberately ignored
facts which spoke for Miss Borden's innocence ana
whether they have not done something even wois"
than this If they have, there ought 20 ne uaS
of reckoning for Mr.. Fleet and Mr.. Medley ana
Mr. Mullay If the promotions and Increased
salaries which all these fine detectives nave Sc
are the fruit of perjury and of league among
themselves to hunt an innocent woman 20 Iier
death, there is no punishment possiple uhur 'n n
law too severe for them. The point Is alre1dS
tween wltIcsseS who can have no possible motive
for false swearing, and whose testimony is ilrnl
and reasonable, and in many respects corroooraIcu,
and the evidence given by these policemen. for
what they said the policemen have motive
1t is the motive of hiding their own stupidity and
Of finding victim for public clamor and claim
on their own part for public reward.
There should be suspension OF Judgment OF
course. until the case is closed but the present
situation justfes watchfulness and suspicion
Since II seems to he the habit in Fall River fol
persons in authority 10 carry around warrants III
their pockets to be used in their discretion, II
out warrant for few of these policemen, 1t
might be well for Mayor Cougnlln to advise them
as he took so much pains TO advise Lizzie Borden
not to 20 out of their houses for the present. II
might be well for him to place some trusty min
ions armed with these warrants all around their
houses and to keep watch on them day and night
II that kind of thing justiiabe procedure
against a girl suspected Of murder 1t is justtable
against men who are suspected of false swearing
against her life.