New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-06-19
READY FOR THE ARGUMENTS.
THE SUMMING UP IN THE BORDEN CASE
TO BEGIN TO-DAY.
REVIEW OF THE WEEKS WORK IN COURT
OPPORTUNITY FOR GOVERNOR ROBINSON
TO MAKE GREAT SPEECH

TO MAKE GREAT SPEECH.
UnoM STAFF CORRESPONDENT or THE rRTsusE)
NewBedford. June Is.-If Lizzie Borden were
being tried in Ncw-York City It would be pos
sible at this stage Of the case to say at whas
precise minute her fate would be committed to
the jury Time would he allotted in definite
amount to the counsel on each side, and the
Judge would freely tell the reporters how long
he intended to be occupied in the delivery OF hN
charge. But court proceedings down here arc
at once more rapid and more deliberate than IN
New-i iork-more rapid in that they go along with
fewer Interruptions; with few objections ana
arguments on the part Of COUNSEL with less OF
everything that is technical and obstructive moro
deliberate, in that time, and plenty of it. is o"cu-
pied by the Court and the attorneys for the con-
sideraton of everything which to the Courts
mind is important.
Procedure differs here in many respects from
that prevailing in places where human life moves
on in its course at a higher and more feverish
speed. Ihe advantage, if an humble layman's
Judgment is worth anything is all with the Mas
sachusetts system. 1t is at once more dignihed,
more appropriate in form and ceremonial to the
serious work it deals with, better safeguarded
against injustice and better adapted to give the
supreme judges OF cause the fullest and fairest
such Liberties here to play before the jury.
Ihcy arc allowed to indulge in no comments
during the giving of testimony. Even their
manner must be free from insinuation TO the
methods of the other side. II they have any.
thing to say on that subject, they must say IL
to the Court privately.
In the cross-eXamlnatiOn of o witness they
enjoy extreme liberties. They can subject his
credibiIity 10 all sorts OF severe tests, the theory
being that whatever the implication conveyed
by their questions he has tongue to speak and
chance to use it, But they cannot make oral
arguments in the presence Of the jury on tho
admissbty of evidence, and far is this
rule carried that it is esteemed a breach OF
professional ethics for an attorney to propose
question TO his witness in such terms as convey
to the jury's mind the knowledge Of what he Is
seeking to bring out in case he can fairly pre-
sune that it will be the subject Of serious
remOnstrance by the other side.
In other words, it is assumed that he is lawyer
enough to know when a piece of evidence that
he wishes introduce is of doubtful admlssibllity
and in that he is expected to give notice
TO the other side. Then, when his preliminary
question has been asked, the other side is alert,
and, after stating that the evidence now about
70 be offered is Objectionable, he and his op-
pcnent gather around the Courts desk and de-
liver their arguments in tones that cannot reach
the jury If the argument is likely TO be pro-
longed the jury is Withdrawn.
NO FRIVOLOUS OBJECTIONS MADE.
No frivolous or technical objections have been
made in this case. The defence have taken just
three exceptions TO the rulings Of the Court.
Ordinarily the decisions Of the Court as to the
admissbilty Of evidence are delivered in word
or two-as, the witness may answer or, the
question is excluded - and there the matter ends.
I think that the three judges presiding over this
trial are Of the opinion that the charge against
Lizzie Borden has not been proved. But my
opinion is predicted on nothing they have SAID or
done during the trial. 1t is simply an assumption
that men of their intelligence and judicial expert
cncc and training must have arrived at thae
conclusion On the bench they have been silent,
reserved, not in the least austere, but thoroughly
dignifed and serious. The Chief Justice does all
the talking that is done. When an objection Is
made he looks at his associates and they nod
yos or no: or he consults moment privately
with Zach: or, he moves his chair back a pace
or two. they draw up and the three of them
engage in short, quiet consultation. linen tne
Justice declares the decision Twice they have
retired for consultation into their private room.
Their proceedings are in all respects apart from
the counsel
II il common in Ncw-lork for the District-At-
torney to consult privately with the presiding
Judge What they talk about | don't know.
Neither docs the attorney for the prisoner at the
bar. But the suspicion is entertained by MIN
very generally that they talk about the ease,
and that the Dstrct-Attorney often presents evl-
dence with the advantage that proceeds FROM
his consideration of il i'll conjunction with TIE
Court Nothing of that sort is considered tol-
Bile i'm Massachusetts, The COMMONWEALTH
stands in its attitude to the bench in NJ more IA
vored position than do the attorneys Tor the de-
fcndant.
Naturallv all technical objections being re-
Trained from, and all wrangling between counsel
being unthought of, the examination Of witnesses
proceeds swiftly. and the time occupied in the
trial of a great and hotly contested case is not
more, than half what it would De in the General
Sessions or the Oyer and Tcrminer OF New-fork
City. But when counsel come to sum up they
have all the time they want. Then they can say
substantially what they please. They are their
own Judges of how fervid and how rhetorical
their argument shall be. They are con-
fined only by fair view OF the evidence and by
the amenities which prevail among gentlemen
everywhere The arguments in this case on the
summing up will he delivered by Ex-Governor Rob-
inson for the prisoner and by District-Attorney
Knowlton in behalf of the State.
THE LAWYERS HARD At WORK.
Since court adjourned on Friday night the
advocates on both sides have been hard at work.
1t is expected that their speeches will be- each
from a peculiar point of view. models Of elo-
quent and effective address They are both men
Of high ability. They are not altogether un-
evenly matched. Mr.. Knowlton has the repu.
tation of being the Lest District-Attorney In
Massachusetts,, and certainly il would be dit.
fcult to find point of comparison between
him and any prosecutor who has been evolved
from the miro of Tammany politics that would
he TO Mr.. Knowltons disadvantage. lie is sat.
urated with this case He knows il from start
to fnish He has personally conducted
it from the secret inquest before
the Coroner through the justices Court and the
Grand Jury room TO its present final sfafn Y