Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-06-13
THE TRIAL OF LIZZIE BORDEN.


Fitted Into the Cuts In Mr.. Bordens
Skull.
New BEDFORD, MASS, June r.
Over half the spectators In court THIS
| morning were women, and the second
week of the Borden trial opens with the
! appearance of increased interest as the
| uncertainties of the case are unfolded.
I The indications of a severe struggle
over the admission of the stenogrophic
notes of Miss Borden's testimony at the
inquest were plentiful this morning In
the pile of books containing authorities
to be cited pro and con.
A few moments before court opened
counsel on both sides were summoned
into the private room OF the preslolng
| justices for consultation. Miss Borden
came into court at $3.50 and took her
seat within the bar looking somewhat
draggled and in answer to an inquiry
from Gov. Robsinson as to her rest last
night, her words and manner Indicated
that she did not pass pleasant night.
The consultation lasted twenty MIN
utes. After court was opend and the
Jury polled, the officers were directed
by the court to retire the jury until they
| were sent for, pending the arguments
to follow.
Mr.. Moody then addressed the court,
saving he understood the discussion
now to be opened was that OF the ad-
instability of the defendants decla-
rations at the inquest when under sus-
picion before arrest. Mr. Moody spent
three quarters OF an hour maintaining
the admissiability on authority, prln-
cipe and practice, claiming the rule to
| be that testimony is admissible II vol
untary, and arguing that the defend
ants conduct and declarations showing
consciousness of guilt would be ad-
! missible even if the defense should
! claim that confession would not be.
During the argument the prisoner was
affected with sudden indisposltion
and led from the room by the sherih
At the conclusion of Mr.. Moody's ad-
dress, Ex-Governor Robinson for the de-
Tense argued eloQuently that the facts
! showed that the defendants declara-
tions were not voluntary, and then dis
cussed the authorities which he claimed
admitted that the testimony only when
! facts were different from those here.
Governor Robinson spoke for two
hours, and closed his argument by stat
ing the doctrine that the prisoner can
not be compelled TO testify against her
self.
Moody at II o'clock replied for the
! State claiming that the facts showed
| the testimony voluntary, and cores
ponded with those in cases where slml-
lar testimony was admitted. When Mr..
| Moody concluded his address the JUS
tices withdrew for consultation. The
| prisoner was then brought back 10 the
court room and talked earnestly with
| Gov. Robinson while awaiting the JUS
tees return, appearing more animated
! than before during the trial. The court
returned at 1896 and delivered deci-
sion excluding the testimony The
prisoner was vsibly affected by the
courts decision excluding her testimony
at the inquest and remained some min
utes with her face covered with her fan.
! The Jury returned and at 12:42 DIR. AL
bert c. Dedrick was called. He testi-
fed to an examination Of the Borden
house the afternoon of the murder. In
his opinion Mrs. Borden died first.
Patrolman Joseph Hyde was then
called and described seeing the prisoner
with Miss Russell, go down in the cellar
with pail to the sink at S:45 on the
night after the murder. The prisoner
made second visit to the cellar alone
few minutes later. On cross exomina-
tion, he said they had light, but Miss
Russell looked nervous. The Court
took a recess at 10 O'Clock to 2:l5.
The cross-examination Of officer Hyde
developed nothing. Fall River city
records were read to show the marriage
of Mr.. and Mrs. Borden and the age OF
prisoner.
Medical examiner Dolan was then
called. DR.. Doan identified the carpet
taken from the floor under Mr.. Borden's
head, described the condition Of the
blood found with each body, that OF Mr..
Borden being warm and dripping, and
that OF Mrs. Borden coagulated. Wit
ness examined the milk used by the
Bordens August and 4, and identified
the hatchets shown him on the day OF
the murder. He described the position
of both bodies when found and the con-
dition of the rooms where found.
The blue dress that has figured In the
case before was brought into court.
DR.. Dolan said Mr.. Jennings had given
him the blue dress and waist and the
white skirt. On the whites skirt was
one spot OF blood, spot about the size
of pin head.
A cast Of Mr.. Borden's head was in
troduced and handed TO the doctor so
that he might explain how the wounds
were located. One Of the wounds was
four inches long, another was hall an
inch longer than that. Miss Borden
when the cast Of ber fathers head was
brought In covered her eyes with her
tan. She did not remove it even when
addressed by lawyer Adams.
The doctor took one Of the hatchets,
aud with its blade against the cast,
illustrated how the hatchet had struck
the old mans skull.
"In your opinion, could the wounds
on the head of Mrs Borden have been
inflicted by a woman OF ordinary
strength?"
''Yes."
"How long. in your opinion. was Mrs.
!, Borden dead before Mr.. Brden?"
rSAbout an hour and half or two
hours @
Adjourned dutil to-morroy,