The times. [volume] (Richmond, Va.) 1890-1903, 1893-06-13
TESTIMONY EXCLUDED.
LIZZIE BORDEN'S STATEMENTS
VILE NOT BE ADMITTED.
A Strong Point Gained by the Defen.e-The
Prisoner Is Affected with an Indis-
position and Leaves the Room.

NEW BEDFORD. MASS. June i2.-Over
half the spectators in the court this
morning were women. The second week
OF the Borden trial opens with an ap-
pCarance Of increased interest as the
uncertainties OF the case are uufolded.
Indications of a severe struggle over the
admission OF the stenographic notes OF
Miss Borden's testimony at the inquest
were plentiful this morning in the piles
Of books containing authorities to be
cited pro and con-
a few moments before the court opened
counsel for both sides summoned into
a private room the presiding justices for
consultation.
Miss Borden came into the court at
$50 and took a seat within the bar. look
ing somewhat dragged. and I'm answer 10
an inquiry from Governor Robinson. as
10 her rest last night. her words and
Mariner indicated she dii not pass a
pleasant night.
The consultation lasted twenty minutes.
After the court opened the jury was
polled and the officers directed by the
court to retire the jury until sent for.
pending the arguments 10 follow.
Mr.. Moody then addressed the court.
saying that he understood the discus
sion now TO be opened was that OF the
admissibllity of Miss Borden's evidence.
He spent three-quarters Of an hour main
tainlng the admissIbiity on authority.
principle and practice. claiming the rule
90 be that the testimony was admissible.
II voluntary. and arguing that the de-
fendant's conduct and declarations show
ing consciousness Of guilt would be ad-
missibie even # defense should claim
that confession would not be- During
the argument the prisoner was affected
with a sudden indisposltion. and was led
from the courtroom by the sheriff.
Governor Robinson. for the defense
argued eloquently that the facts showed
the defendants declarations We're not
voluntary. and then discussed the au-
thorties which ne claimed admitted test-
mony only when the facts were different
from those here.
Governor Robinson spoke for ono hour,
and closed the arg iment by stating the
doctrine that the prisoner sannOt be COM
pelod 10 testify against herself.
Mr. Moody replied for the State. claim
ing that the facts showed fhe testimony
was voluntary and corresponding with
those cases WNfFe similar sfn lflNN1 was
admitted Mr. Moody concluded his reply
at ll.l5. and the justices then withdrew
for consultation. The prisoner was then
brought back 90 the courtroom and
talked earnestly with Governor Robinson.
hne awaiting the Justices return, ap-
peariug more animated than before dur
Ing the trial. Tho court returned at 1885
and delivered a decision, excluding the
testimony.
The prisoner was yisibly affected by
the courts decision. and remained some
minutes with her face covered with her
fan.
The jury returned. and at 242 DIT
Albert G. Dedrlc'S was called. He tes
tiled N an examination OF the bodies on
the afternoon Of the murder. In his
opinion Mrs Borden died first
The greater part OF the afternoon ses-
sion was devoted 10 technical descriptions
OF the wounds on the two bodies
The color line has been drawn I'm the
Borden trial, and a law suit threatens
A coiored woman named Jackson was
not admitted 10 the trial to-day. After
wards eight white ladies were admitted
A well-known colored man named Kine
gave up his seat 10 the Jackson woman
and was then excluded from the court
room because there was no seat for him
and ne was not permitted 10 stand. lie
has started a suit upon the claim that
the colOf line has been drawn against
JaekcOu