The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-06-21

taxing place with period Of one hour and
haf between the acts. in all your Oh
ssrya'iors." be asked, have you eyer
heard Of an attempt 10 create an albi in
which there was more siralning Of the cir
cumstsnces than tn tits one? That barn
alb will not stand
He then commented on the old and
nn3iy condition # tie barn, and the fac
that keen-eyed people found no traces Of
poison having been there. How she could
avoid getting blood On her clothes the
jury could not answer. because they we're
neither women nor murdersrs. Il was a
sngu ar thing that the dress, after being
kept 20 long, was burned 90 that particu-
lar Sunday. Lizzie had been tnid on Sat
urnay night that she was accused Of the
crime. and On the next morning had
burned her dress. The speaker said that
Mrs Regain hsd never denied the ''you-
gaye-me-away" story under oath. The
prosecution did not claim that it intro
dncsd the hatchet with which the murder
had been committed. Il showed that the
Ratchet bad been wet and rubbed In ashes,
and that the blade fitted almost miracu-
lousy into the holes in the skulls.
The speaker continued arguing that the
the dress worn at the time Of the murder.
The two versions Of The story Of The burn
ing Of the defendants dress were irrecon-
clable. he discussed The defendants con-
duei since the murder and said the pro-
ducton Of tie Ratchet was no part Of the
Governments case. and closed with an
eloquent appeal to the jury.
The court then took recess, and on re-
1aszmhIiru If ufv
portunity to speak. She said: Il am in
nocent, but l will leave my case in your
hands aud with my counsel"
Justice Dewey then charged he jury.
He defined the different degrees OF murder
and stated that the resumption Of iuno-
cence was Increased by the defendants
Character There must be real aud
operative motive for a crime Of this sort.
The Judge further charged the jury to
weigh the evidence to see whether the de-
PENDANTS permanent state Of mind showed
a motive for the crimes. Every material
allegation in the indictment must be
proved beyond reasona BILE doubt, that is
to moral certainty. He compared direct
and circumstantial evidence aud said that
the failure to prove an essential fact would
be fatal, but the failure to prove a helpful
LizZie's statements about the note were
discussed at length, and the Judge said
they must be satisfied that they were false.
Every fact proved must be reasonably
consistent with guilt. The Government
did not show that anybody else had an op-
portunity TO commit the crime, but il must
prove the defendant committed It, The
jury must reason as TO the effect OF de-
feu6anRR p0udupt and gtatrmqpfa Tbau
were not TO reach a conclusion from expert
testimony. but were to apply to it a reason
able judgment. They might convict. even
If satisfied that the act was done by an
other party, il they also found that de-
fendant was present aiding and abetting
the commission Of the crime. The mere
fact that defendant did not testify should
not influence them against her.
Judge Dewey, continuing, said that the
government claims that these acts come
under the head Of murder in the first de-
gree. The law says that in order to prove
this every claim must be established be-
yond reasonable doubt. it is stated that
the government presents its case on cir
cumstantial evidence. 1t is understood by
the court that the goyernmentclaimed that
the essential fact embraced in the note
matter, namely, that she made statements
which she knew to be false when she was
making them, but contempIates the POSI-
bility OF there being an assassin. Might he
not have come upon her when the note
was at hand and removed 1t as one of the
links In the evidence? In cases of circum-
stantial evidence. unless every link holds
good, the chain is worthless. The jury is
asked to bear in mind the supposed fact
that there is nothing to connect the de-
PENDANT with the murder as far as outward
appearances go.
At the conclusion of the charge the at
torneys consulted few moments and then
the jury was allowed to retire.
1t was just 80 O'Clock when the specta-
tors. 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 poIled. Miss Borden
was asked 10 stand up and the foreman
was asked to return the verdict, which he
announced as mot guilty"
Then all the dignity and decorum of the
cour troom vanished. cheer went up
which might have been heard mile away