Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1893-06-22
LIZZIE ACQUITTED.
Tho Jury Finds Miss Borden Not
Guilty of Murder.
The SUMMING UP OF The COURT.
The Jury Cautioned Against Putting Too
Much Faith In the Evidence The
Verdict Cheered by the
Audience.

jury yesterday afternoon, and after be-
ing out little more than an hour
verdict Of not guilty was returned.
When court convened in the after
noon the chief justice addressed Miss
Borden by name, telling her that
she now had a voice and could say TO
the jury what sho chose TO say. She
arose somewhat agitated, and said TO
the jury: ~ am innocent, but | will
leave my case in your hands and in the
hands OF my counsel"
Judge Dewey then charged the jury.
He read his charge rapidly, and among
other things embodied therein was the
caution TO make decision only upon
the law and the evidence given. The
court defined the degrees of murder and
said the degree is to be determined by
the jury. The government claim that
you ought TO find that those murders
were deliberately premeditated. In
considering the evidence you must
needs have legal principles in your
mind.
"One is that the presumption Of inno-
cence, and this presumption is 10 be
considered in the light of evidence and
IL is a principle founded on that beneh-
cent law which says every man is in
nocent until proven guilty. The char
acter and previous life Of the defend
ant must always be taken into consid-
Grafton and understand the govern
ment allows that there is moth
ing in defendants past life, pre-
vious to arrest, to be doubted. Re-
call the case" the court said, put one
part with another, and sec whether
you can conceive at this time this de-
PENDANT had toward her step-mother a
feeling that properly could be called
hatred. II this conception is not war
ranted by the evidence then IL should
not have weight in your mind
THE government claims those acts
come under the head of murder in the
first degree. The law claims that, in
order TO prove this, everything claimed
must be proven beyond a reasonable
doubt
Continuing, IL was stated that the
government presents this case on cir
cumstantial evidence. II the evidence
left the jury In reasonable doubt as to
whether she was where her father was
when he was murdered, then the doubt
would be fatal to the government
case. 1t was understood by the court
that the government claimed that AN
essential fact was embraced in the note
matter; that she had made statements
which she knew were false when she
was making them.
What motive had defendant TO invent
story like this? asked the court
Would not IL have been more natural
for her to say simply that her step
mother had gone out To make a call?
! But contemplate the possibility OF
there being another assassin. Might
IL not be part of the scheme of the
assassin? Might he not have come on
her when the note was there at hand;
might he not have had reason TO re-
move II as one of the links? In cir
cumstantial evidence, unless every link
holds good, the chain is worthless.
Here the court gave several illustra-
tions of his meaningl. The jury was
asked TO bear in mind the supposed
facts that the defendant had no blood
on her clothes when first seen, and
there was nothing to connect her with
the murder, so far as outward appear
nnces went. In order to warrant con-
viction 1t was not incumbent on the
government to show that she alone had
the opportunity. Was the defendant
In the house when these people were
killed? Are the views of the eX-
perts correct? Was this defendant
capable of doing this worb2 The gov
erpment claims that she was not in the
barn Mt the timu she said she was, and
'--s other charges which the jury
ma".- - weigh for its actual
must caretuiS t." "autionsd
weight The jury was aga.
against receiving statements for facts.
Calling attention to medical experts,
the court seemed inclined to place re-
lance upon them as general thing,
and the jury was given To understand
that II must give to expert testimony
just as much weight as they thought il
ought to receive.
The jury was cautioned against no.
ticing in any way the fact that defend
ant did not take the stand.
The court said the burden of proof Is
on the government and the defendant
is not obliged to shoulder any of IL.
The jury was not to deal with the evil
dence in n captious spirit. II not le-
gally guilty you are to say so. The
jury was asked to think over carefully
whether person contemplating crime
would he likely to tell friend of IL, or
predict in any way the very day be fore
hand
At the conclusion of the charge, the
attorneys consulted few moments.
The jury was allowed TO retire and
counsel agreed upon what exhibits
We're 10 be put into the case, after
which they We're brought in again, the
oath administered by the clerk of the
court, and the jury took the case.
II was just $3.50 o'clock when the
spectators, who had kept their seats
patiently during the retirement of the
jury, noticed movement Indicating
their return. A moment later the
twelve men filed into their seats and
were pollcd
Miss Borden was asked TO stand up
and the foreman was asked To return
the verdict, which he announced-'Not
guilty"
Then all the dignity and decorum of
the court room vanished. A cheer went
up which might have been heard half "a
mile away through the open windows
and there was no attempt to check it.
THERE is n horse in Florida that be-
comes wildly exc tied and unmanage-
able whenever anyone approaches him
having breath that smells of whisky
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