The Providence news. (Providence [R.I.]) 1891-1906, 1893-06-15


been I card this morning and all further
evidence on this point would he barred.
"Thrn," SAID Mr.. Knowlton. "the
commonwealth rests"
The Defense Now Opens.
Mr.. Jennings rose To make his opening
speech at ten minutes of IL o'clock. He
had krown Mr.. Borden since he was n
boy and he had known tae accus ID
very long period. and IL he seemed Co step
beyond the bounds OF reserve 10 must be
attributed TO that fact Of his acquaint-
ance.
This is the most awful crime ever re-
corded in civilized nations, and yet the
youngest daughter is accused OF the
crime; this girl who has lived together
with those now deal for twenty two
years In this house.
Now gentlemen of the jury, the COM
monwealth presumes OH tue innocence
OF the accused until the contrary is
proved As Cardinal Richelieu pro-
tected his ward by the circle of his
church's power. so the state surrounds
this girl with the circle OF in uocence and
no jury man dares cross that circle until
he has absolute proof of guilt.
There are Two kinds OF evidence, cir
cumstahtial aud direct. Ia this case the
goyerninenJ has not shown a single fact
OF direct evidence. There is not a parii-
Gle or eviden-e connected with the de-
fendant. There is no weapon, no blood
spots, no motive.
You must he careful Of circum mstan-
tial evidence. IL Is both the most val
uable ana The most dangerous or evi-
deuce. You must absolutely connect
the DO y of Andrew j. Borden with his
aughter, thai is what you must do. Ii
you cannot, the law says you must pro-
nouuce her not guilty.
IL is not your duty to unravel this
mystery. 1t is IA marvellous crime aud
ITS solution nay seem inexplicable on any
other ground. But that Is not your
problem. You must decide only whether
this girl did this crime.
"Ibere are four poiuts in the evidence
OF the prosecution-the y are motive, n
weapon, exclusive opportunity and the
appearance OF the defendant. There has
been 40 motive except that shown in the
evidence OF Miss Clifford, and that is
pract ically coniradicted by Bridget SUI
livan's.
There have been no weapons shown
and none connected with the defendant.
Tie nature OF the exclusive opportunity
has beeL male plain and you nave seen
ior yourselves LecIuse you were there
aud know how impossible IL is To Bee the
Borden yard.
''As TO the ruined dress we shall show
that 1t was made last May aud was COW
cred with paint, and as To the story of
Oincer Medley we snail show that IL wes
purely one or his Imagination; tnat
there were mauy people in the barn ana
all over 1t before he went there" Mr..
Jennings closed by asking the jury To
weigh what might De saown.
Ills address was diynified ana reserved
from the outsst. IL was listened to with
Interest aud Ia its plain lucid statements
1T appealed Co the reason OF the jury.
Lizzie Deeply Moved.
During its recital Lizzis was deeply
moved. At the men tion of her father
she raised her handkerchief ana tears
rolled down her face. She quickly
checked them, however, and kept her
face covered until Mr.. Jennings had
finished.
Martha Chagnon Called for Defense.
Martha ChagnOn was first calle by
Mr.. Jennings. Oa the night previous To
the murders she heard voice along the
back fence of their yard, which adjoins
hat Of the Bordens.
1t was about III o'clock the noise
sounded like pounding. sac was in the
sitting room with her ST - mother. She
did not 20 to see the cause Of the noise
She could not see out because il was
dark and the curt Ilns were down. On
the day OF tle murders she was away
from o'ciock IN the morning till 8
o'clock at night.
L cross examination she said the win
dows were closed and therefore she was
not sure exactly from what source the
sound came, but she thought it came
from the corner OF the fence near the
Borden yard.
AT Fall kive she had testified that the
sound might have come from an ice
house in tue neighboring yarl.
Today she WAS certain that the noise
did not come from that direction. She
remembered her testimony when iJ was
read to her. but she replied that that did
not seem right to her now
Mrs. Chagnon Corroboratcs.
Mrs. Chagnon was called to corrobo-
rate the previous testimony. She was
living on the sofa and heard a noise
(which seemed TO come from the back
yard
Cross-questioued. she said that Officer
Harriug OF was in their yard aud her
husband and he struck the ash barrel
with their hands.
That noise had seemed to her very
mucn like the sound sha hea q on the
night before the murder. But not from
the same direction.
She further testified that they had
New Eounulhnu uO- Wulcn Was In the
habit OF climbing into tue barrel for
bones.
Grouard's Testimony.
John w. Grouard was called. He is a
painter. On the ninth of May he took
some paint to the Borden house. He
p,aceu some tubs of paint in the barn
near the door.
GA the 10th of May he went there by
appointment with Lizzie and mixed the
co.ors in her presence for the house, the
steps, the fence and the premises in gen.
eral.
MT. Borden Talked to Man.
Miss Mary A. Durfee was summoned.
She is petite creature. dressed in black
and spoke up in n clear voice that was
distinctly heard all over the room.
"Do you remember Miss Durfee,"
said Mr.. Jennings, ''to have seen Mr..
Borden talking 10 u manY
The question was Indefinite. bus she
said "Yes, sir"
when was it 2" Before the MUIR
der"
No one appeared o doubt the truth of
this statement, 80 IL was accepted AS "a
fact.
About when was itf' Before