Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-06-12
A POINT FOR LIZZIE.
Miss Borden's Inquest Testimony
Excluded From the Trial.
BREAK IN THE Dam At TROY, n. Y.
Graduates of the United States
Military Academy,
OTHER TELEGRAPHIC NEWS.
BREAK IN THE DAM At TROY, n. Y
OTHER TELEGRAPHIC NEWS
SECOND WEEK OFTHE BORDEN TRIAL
Increased Interest Shown in the Great Case
at New Bedford.

Increased Interest Shown in the Great Case
at New Bedford.
NEW BEDFORD, Mass, June 12-Over one
half Of the spectators in court this morning
were women, and the second week Of the Bor-
den trial opens with the appearance of increased
interest as the uncertainties Of the case are I'M
folded.
The indications of a severe struggle over the
admission Of the stenographic notes of Miss
Borden testimony at the inquest we're plenti-
full this morning in the piles of books contain
ing authorities to be cited pro and con.
few moments before court opened counsel
on both sides were summoned into the private
room OF the presiding justices for consultation.
Miss Borden came into court at $50 and took
her seat within the bar, looking somewhat
dragged, and in answer to an inquiry from
Gov. Robinson as to her rest last night her
words and manner indicated that she did not
pass pleasant night
The consultation lasted twenty minutes.
After court was opened and the jury polled
the officers were directed by the court to retire
the jury until they were sont for, ponding the
arguments to follow.
ARGUMENT OVER MISS BoRDES's TESTIMONY.
Mr.. Moody then addressed the court, saying
he understood the discussion now to be opened
was that Of the admissibility Of Miss Borden's
evidence. He spent three-quarters of an hour
maintaining the admissibiity on authority
principle and practice. claiming the rule to be
that testimony Is admissible if voluntary and
arguing that the defendants conduct and dec
lsrations, showing consciousness of guilt, would
be admissible, even il the defense should
claim that a confession would not be-
During the argument the prisoner was af-
fected with q sudden indisposition and led from
the room by the sheriff.
Gov. Robinson. for the defense. argued elo-
quently that the facts showed that the defend
ants declarations we're not voluntary. and then
discussed the authorities which he claimed ad-
mitted the testimony only when facts were DIFF
ferent ssora those here.
IIZZIE's srImONY Excluded. =
An Important Point for the Defense in the
Borden Trial.
Special Dispatch to The Evening Star
NEW BEDFORD. Mass. June l2-I.iZzie Bor-
denis inquest testimony will not be admitted.
The judges decided that point shortly after IL
o'clock today after listening to arguments on
both sides for three hours.
The decision is a great triumph for the de-
Tense. 1t is very doubtful now if the state can
make out its case. 1t is. however, properly re-
garded as a righteous ruling by most of those
who are familiar with the case.
mitted to the court admitted that when the in
quest testimony was given by Miss Borden she
was not under arrest, but had been told that
she was suspected of the crime; the house and
all the inmates were guarded by the police.
Before she testified she asked leave to have
her counsel. Mr.. Jennings, present. but this
Judge Blaisdell and District Attorney Knowl-
ton refused. When her testimony was con-
cluded she was not allowed to leave the court
room. but was Immediately placed under arrest.
Prior to the inquest complaint charging
her with the murder was sworn to by the city
marshal and u warrant issued for her arrest
but the marshal did not serve the warrant and
the defendant was not informed of its existence.
This warrant was returned, but another was
issued on the record and the arrest was made
1t was also agreed that before giving her testi-
mony as above she was not cautioned
by the district attorney that she
was not obliged to testify to any
thing which might criminate herself, but her
counsel was informed that he could. before the
defendant testified. confer with her in relation
thereto. and he did.
LIZZIE TAKEN ILL.
During the morning session Miss Borden was
taken slightly i'll and was taken from the court
room for awhile. 1t is doubtful now if she will
be put on the stand. There can be little gained
by it and something might be lost under the
hre OF District Attorney knowltOns dreadful
cross-examination.
Refusal to testify should ot1prejudice her
case. as she will be guided wholly by her
lawyers.
brand-new question has come into the case.
1t is, what did Lizzie, if guilty, have on when
she murdered her mother? She must have
been covered with blood if she did it, vet
neither her father nor Bridget noticed anything
out of the way in her manner or attire. Where
was the Ratchet covered with blood between the
time of the first murder and the second? Liz
zie must have destroyed the evidence Of two
crimes. not one.
People asking what became Of the pack
age Mr.. Borden had in his hand when he en-
tered the house. 1t seems to have dropped out
of the case entirely.
1t is expected that the state will make des-
perate efforts to retrieve its fortunes now that
the inquest testimony is thrown out. District
Attorney knowlton. who has not been heard
much so far, will take hand, and he is a cross
between grizzly bear and q bulldog as regards
his fighting qualities.