The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-06-12
SAVED FROM HERSELF
Lizzie Borden's Early Tes-
timony Excluded by the
Trial Court.
PUBLIC LIBERTY AT STAKE.
IF Inquisition Is Law, God Save
the Commonwealth Of
Massachusetts,"
RoBINsON'S SPLENDID SPEECH.
The Jury Excluded During the
Argument-The Prisoners
Sudden Sickness.
RoBlNsoS's SPLENDID SPEECH.
Special to The Jersey city Ne,os.

Wher6 Lizzie Borden was on GrlaI Gn6
most uncomfortable place in town, the
second week of this proceeding against
the stoical daughter of New England was
resumed promptly this morning.
The jury remained in the hotel very
nearly all day yesterday. The members,
so it is reported, had intended to attend
divine service In one of the houses of re-
ligious worship here. That much was
arranged, but those who co institute the
jury could not agree as to which church
Lney should attend. so they didn't go to
any, but late in the afternoon had u ride
about the town in u stage. THAI was the
only diversion they had.
The prisoner showed the beneficial
effects of the relief from the acute men
tai strain auder which she had been
lanoring 'front.' the time the trial began.
She seemed more at her ease wnsn sne
walked into the court room this morning
than at any time during the week past.
She cnatted with her counsel before he
case opened and appeared Co be in very
good spirits, If her manner can at any
time be accepted rs an indication Of
what she feels.
THE JURY SENT OUT.
When the court opened Chief Justice
Mason informed the jury that it migut
retire. That was done because OF the ar
gument which was about.Lo be begun for
aud against the admission of evidence
given by Lizzie Borden when the in
quest was held in Fall River last sum-
mer.
The point to be decided meant every
thing to the defendant. She listened at
Jentively to every word that was said by
Assistant District Attorney Moody, VINO
began the argument from the standpoint
of hQ rrn
MISS BoRDEN's EVIDENCE.
He began by saying that there was no
question as to the legality OF the pro-
ceeding that was had at Fall River.
What had been told there by Miss Borden
was not of the natnre of q confession. IL
was more OF a denial. he said. He quoted
the case of the Commonwealth against
Piper.
Mr.. Moody spoke of the authorities
that were on haud to support the asser-
tieps he made, though he thoughtIt was
not necessary for him to go outside their
own Supreme Coult for.authorlties.
1.-The English law" said the speaker.
81 Will dismiss briefly. We can obtain no
aid from the consideration of English
cases."
The speaker said the cases had been
poorly reported, were involved and con-
fusing Then he quoted The ruling of the
Supreme Court of New York.
sin New York" went OH the speaker,
1.-THE line mas been distinctly drawn"
He began with the case of the People
vs. Hendrickson, 10Th NewYork Reports,
page ri. He quoted also decision of
the Court of Appeals on similar ques-
ton in 1857, reported in the 18th New
York Reports. page 3S4.
He quoted further the case OF the Peo-
pie against Menden, reported in the
forty-tnird New York reports, page 21l.
rho luSt rataranca nnOtad form Ia
New YORK law WAS decision by Justice
Andrews in 1886, in which he held that u
statement made by prisoner before he
was put on trial for his life was compe-
tent to be admitted as evidence.
Decisions rendered by the Supreme
Court OF Maiue, aud slso by that OF Wis
consin, were read, In which it was held
that SO long as the statements made were
not in the nature of a confession and had
not been forced from the person against
the will of that person, they should De
used on the trial.
Mr.. Moody. referred the Court to cas- es
which had occurred in the criminal prac-
lice of Massachusetts as urecedents for
the admission OF the evidence. He dwelt
upon the fact that such had been the
common practice, and that he could see
no reason why that custom sholid be
altered in this particular case.
EX-GOVERNOR ROBINSON REPLIES.
Ex-Governor Robinson argued tue other
side of the question. He said:-
..There was no time, day or night. when
the eve of the police was not on her and
the other inmates OF the house, and they
knew it. The house was surrounded and
the inmates were under constant espion-
age"
.For three days." the ex. Governor said.
.she mad stood alone. woman, without
counsel. questioned by the District At
rnf n had 4
aud surrounded by the police. The
marshal mad his warrant for her arrest.
and so far as effect was concerned,
she was coerced. The marshal took her to
the court. For three days that WAS con-
tinued, the marshal with his hand on her
shoulder. She could not run away. She
was woman. And II that was freedom,
God save the COMMONWEALTH of Mas
sachusetts."
Before she had been examined the
warrant had been sworn out agatngt her.
She was not informed OF that, and
placed under the protection OF the statute
to which she was entitled.
Lizzie Borden's counsel urged that at
the time OF the inquest the proceedings
had already been instituted against her.
because the warrant had been sworn to.
She had not been informed OF her right
to decline to answer any question that
might degrade or criminate her.
She WAS not cautioned DeIor6 Ine Ques-
tions were put to her at the inquest. She
was under the personal charge Of The
police. The warrant that the Marshal
had in his pocket directed him to execute
il did not permit him to do SO or not.It was
the direction Of the Court, and the Mar
shaI was but the instrument carrying out
the orders of that Court.
do you thinkf' asked the speaker
shat had she been told by the Court at
that inquest that she should not say any
thing. that she had the right TO testify on
the ground that it would tend to incrim-
mate her, that she would be here now
pleading for her rights?"
NOT AN INQUEST.
1.-THE inquest was not an inquest" ex-
Governor Robinson continued. s'Ehere
was no inquiry as to whether any one
was dead. The fact was established to
the satisfaction of the State officers before
the inquest WAS held.
"The INQUEST was held, he went on.
ssfor the purpose Of trying to trap her.
They wanted 60 catch her. They wanted
to do her up.
MooDY's TURN.
Mr. Moody had auoled the Eschout