Waterbury evening Democrat. [volume] (Waterbury, Conn.) 1887-1895, 1893-06-13
LIZZIE MORE CHEERFUL
Proceedings Seem to Be More
in the Prisoners Favor.
HER INQUEST EVIDENCE EXCLUDED

DIR. Dolan Being Cross-Examined This |
BY the Decision of the Judge-She Paid |
Very Little Attention to the Testimony.
New BEDFORD, Mass, June 49, on
Yesterday, the court room was filled long
before the opening of the trial this morn
ing a. d again the majority of the specta-
tors We're women.
Liz lie Borden looked much more cheer
full when she came into the court room
Evidently, the way things had turned in
her favor during yesterdays proceedings
had so affected her that she had spent a
better night than she had for some time.
The case was taken up where it was
stopped last evening, with DIR. Dolan en-
during cross examination.
Shortly before court opened yesterday
counsel on both sides were summoned into
the private room of the presiding justices
for consultation. Miss Borden came into
court at $780, and took her seat within the
bar, looking somewhat draggled, and in
answer to an inquiry from Gov. Robinson
as to her rest last night, her words and
manner indicated that she did not pass a
pleasant night. The consultation lasted
twenty minutes.
After the court was opened and the jury
polled, the officers were directed by the
court to retire the jury until they were
sent for pending the argumen is to follow.
The question of the admissibility of the
defendants declarations at the inquest
when under suspicion before her arrest
was then argued. Mr.. Moody for the
Commonwealth spent three quarters of an
hour maintaining the admissibility on au
thority, principle and practice, claiming
the rule to be that testimony is admissible
if voluntary and arguing that the defend
ants conduct and declarations showing
consciousness of guilt would be admissi-
BILE, even if the defense should claim that
a confession would not be.
During the argument the prisoner was
affected with a sudden indisposition and
led from the room by the sheriff.
Robinson, for the defense, argued elo-
quently that the facts showed that the de-
PENDANTS declarations were not voluntary,
and then discussed the authorities, which
he claimed admitted the testimony only
when facts were different from those here,
Governor Robinson spoke for one hour,
| and closed his argument by stating the
| doctrine that the prisoner cannot be com
| PEELED to testify against herself
Mr. Moody at II o'clock replied for the
| State, claiming that facts showed the ties
timony voluntary, and correspondent with
| those in cases where similar testimony was
| admitted.
Mr. Moody concluded his reply at 11:15
and the Justices then withdrew for consul
tation. The prisoner was then brought
back to the court room aud talked earn
estly with Gov. Robinson while awaiting
the justices return, appearing more ami
mated than before during the trial. The
court returned at 1886 and delivered de
cision excluding the testimony
The prisoner was visibly affected by tn
courts decision excluding her testimony a
the inquest, and remained some minutes
with her face covered with her fan. Thu
jury returned, and at IL. AZ, Dr. Albert G
| Cedrick was called. He testified to an ex
animation of the bodies on the afternoon
of the murder. In his opinion Mrs. Bor
| den died first.
Patrolman Joseph Hyde was called a
| 12:4S and described seeing the prisone
with Miss Russell go down cellar with
pail to The water closet and sink at S:45 o
the night after the murder. The prisone
| made a second visit to the cellar alone
, few minutes later. On cross examnatio
he said they had light, but Miss Russell
| looked nervous.
The court took a recess at 1 o'clocl
to 2:15.
1
) developed nothing. The Fall River cit
records were then read to show the MAJ
l riage of Mr.. and Mrs. Borden and the az
of the prisoner. Medical Examiner Dola
was called at 2:35 and examined by Dis
trict Attorney Knowlton as to his examin
. alton at the Borden house on the day O
. the murder and the conversation with tn
| prisoner.
Doctor Dolan identified the carpet takel
| Mr. Rnr6au1S hoe
described the condition Of the blood foun
with each body, that of Mr. Borden bein:
warm and dripping and that of Mrs
| Borden coa4ulated. Witness examine
milk used by the Bordens, August 3 an,
4, and identified the hatchets shown hir
on the day of the murder. He describe
the position of both bodies when foun
and the condition of the rooms wher
found. Photographs were admitted. Tn
prisoner sat with closed eyes tanning her
self part of the time.
Witness said he did not recall havin
said at the first hearing that the claw
headed Ratchet would fit any of tt
wounds, and he now desired to chang
the expression; still he thought the hatche
could have made the wounds on the heads
| He said he remembered marking on
china doll head the dimensions of a crush
ing blow, which were slightly differer
now, because he did not have the skull
then; he changed his opinion on this b
saying that he could not remember whethe
the skulls were read or not, but he woul
say positively that he had not examine
them at that time. Then he had NJ
measured the Ratchet and it was merel
an opinion, said witness.
When he removed the heads he neve
gave notice to the daughters of the fac
When he made the second autopsy he d
covered the cuts on the back of Mrs. Bo
den. When the blow was given the a.
sailant was standing at the rear He di!
7 covered no other injury than that he di
! not discover at the house; there were br
6 ~ altogether, counting the one in tt
back.
When he got the hatchets he never sal
! there was blood on them, but said Their
! was something which looked like bloot
He knew now that the hairs We're nc
human hairs which he found on Ii
hatchets.
Weather Forecast.