Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1893-06-16
THE DEFENCE.
Mr.. Jennings States Miss Bor-
den's Case to Jury.
Testimony About Attempted Purchase
Of Prussic Acid Ruled 0u...


NEW BEproRp. Mass, June ls.-Ths
10th day Of the Borden murder trial opened
today with hot weather and big crowd il
attendance. Miss Borden was overx helmed
With floral oderinss this morning and ap'
peared in excellent spirits, despite the seem.
ing dishearsening signs Of yesterdays pro.
ceedings-
The first witness Was Charles II, I.Awton
= New Bedford druggist. He was asked
several questions as to pfussic acid its uses
formula of its sale, ETC., but all these ques-
tions were objected to by the defence aud
were excluded by the court. He was then
asked if it Was put to any other purpose
than for medicine, and in reply he said he
knew of none. There wAs no cross exami,
nation.
After consultation the Justices ut 1920
announced that the preliminary evidence
did not come up TO proffer. and excluded
the evidence of the attempted purchases oi
prussic acid After the introduction of the
exhibits At 1925 the commonwealth rested
it's case and recess for Is minutes was
taken. During the recess the prisoner
talked earnestly with Mrs. Fessenden Of
Boston. the first lady who has spoken to her
in the court room.
Henry II. Tilsan Of New Bedford, dealer
in furs, who testified that he had at times
preserved furs, was asked if prussic acid
was ever used in the care of furs, but his
answer WAS objected to by the defence and
ordered stricken out. He had no know lcge
of the effect of the acid on fars.
Nathaniel Hathaway of New Bedford,
analytical chemist, was asked about the use
of prussic acid in connection with furs
The question was objected to and ruled out,
the court considering it too broad. The
question was put in substantially the same
form with seal stain furs NJ the basis of in
quiry, and the answer was that it was un-
suitable and also unsuitable for use in
cleaning furs. On cross-examination he
said that per cent dilution of prussic
acid would kill insects promptly, but it
would not hurt the furs.
DIR. Dolan Was recalled but the defence
objected to his testifying further because
he had been in consultation with one of the
counsel for the prosecution. lie was al
lowed to testify. although general objec-
tiOns were entered. He was asked practi-
cally the same questions No the previous
witnesses relative to the use and effect of
prussic acid, and gave about the same re-
plies.
DIR. Dolan was excused from further tes-
tifying, the court ruling his testimony was
incompetent. When DIR. Dolan left the
stand, the jury were retired to their room
and the counsel and justices engaged in a
whispered consultation lasting 10 minutes.
The jury was then brought in and the
court stated that the further delay asked
for by the government could not be granted.
After consultation the justices at 1920 an
nounced that the preliminary evidence did
not come up to the claim of the prosecu-
ton, namely, that the alleged purchase Of
prussic acid by the prisoner on the day be-
fore the murder had no bearing on the
homicide, and the evidence as to the at
tempted purchases of prussic acid by the
defendant is excluded.
District Attorney Knowlton then form
ally offered all the articles produced at the
hearing thus far in evidence, including the
plans, pictures, skulls, dresses, hatchets,
axes, etc, and the commonwealth rested its
case. Another consultation was held be-
tween the counsel ana court and recess of
Is minutes was granted to allow the de-
Tense to arrange for their opening.
Al 1850 the jury filed into their places
again and the counsel for the defense were
ready TO begin the presentation of their
side of the case and Mr.. Jennings became
their spokesman. lie said:
cone of the victims of this murder was
a personal friend of mine and had known
him since boy, and If become more af-
fected than would seem natural it must be
ascribed to this feeling; a lawyer does not
cease ever TO be man.
"The brutal character of the wounds were
only cqualled by the time and place of the
murder. The person who was arrested for
doing the deed was the youngest daughter
Of one Of the victims. Up to that time she
was of spotless character and reputation.
who had moved in and out of the house for
n years, with her mother and father and
sister.
"We shall show you that this woman has
led a spotless life, interested in religious
and charitable work and yet for some rea-
son the government seemed to have fas-
tened the crime upon her. There is al
ways an outcry for somebody to be punished
for such = crime, but we want the guilty
punished, not the innocent. Our law, and it
is one which you have sworn to apply to
this case. presumes every man to be inno-
cent until he is proved guilty.
The prisoner sat with face buried in her
handkerchief during counsefs plea.
After Distinguishing circumstaptial from
direct evidence and illustrating the danger
Gus character of circnmstaDtlal evidence.
he declared every link in the governments
chain of evidence must be proven beyond
reasonable doubt, including motive,
weapon. exclusive opportunity and intent.
The defence, he said, would show that
the relations between father and daughter,
which included the motive for killing him,
and the motive for killing mother alone,
would not be enough, for the government
claimed that the same person killed both.
lie claimed the weapon had not been
connected with the defendant. Exclusive
opportunity would be negatived by showing
there we're people around at the time Of the
murder; that others entered the barn be-
fore the officer who testified that the floor
was covered with dust; that the burned
dress was covered with paint and was not
worn on the day Of the murder.
Mr.. Jennings closed his address at II 30
and Mary A. Durfee was called. Mr.. Jen.
niBgs conducted the direct examination.
The Durfee woman was not ready when
calIei and Maria Chagnon testified that nj
II o'clock on the night before the murder
she heard noise like the pounding on
wood in the direction Of the Borden fence,
continued for FIVE minutes.
Cross-ex amined by Know lton--Tbe noise
seemed to come from that direction, bu,
the windows wefe closed and the witness
made no investigation. Mrs. N. u. Chag
non confirmed her stepdaughter's testimon,
about the noise On being cross-examined
she said she at first thought it sounded liks