New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-06-18
THE GREAT MURDER CASE.

The conviction OF Llzzlc Borden OF muricl
upon the evidence now before the Jury would
be more inexplicable mystery than the death
of her stepmother and father. JluieS have
been known to do strange, incomprchcnsible
things: but the condemnation of the prisoner
after the complete collapse of the prosecution
would bear all those signs Of mental disorder
which have characterized the crimes in the
Borden household. 4 disagreement of the jury
is contingency which the counsel for the de-
fence must face, but it is more probabl, that
they will secure the release of their client.
The verdict out of court whatever may be the
result of the jurys deliberations, will incvi-
tably be- that mysterious as the two murders
remain there is no evidence in justification OF
the prisoners conviction. The case against her
has been reduced to police conspiracy against
helpless woman, who was never allowed far
play until her case was brought into the present
court.
Every attempt to connect Lizzie Borden di-
rectly with the crime has been failure. Not
one drop Of blood cries out against her. Ac-
cuscd Of butchering two persons in less than
two hours she has been shown 10 have been
entirely free in clothing and person from any
faint of blood outlines. The weapon ha, not
been identified, much less connected in any way
with her. Motive for the crimes has not been
established. Her own allegation that she was
in the barn when her father was mul dercd has
been sustained by strong corrobOrativc teStl-
mony. The most suspicious circumstance, the
destruction Of the dress has been >a'i>fa 'tOrlly
explained. The only points on which the de-
fence has not been absolutely clear are. first,
her assertion that her stcpmother had received
note and gone out to pay a visit, and,
second, the purpose for which she visited the
barn Probably she was the only witness who
could have cleared up these points and her
counsel considered them TOO unimporiant to be
worth the risks of racling and brutal cross
examination from the strict-A,orncy. As
an offset 10 these suspicious circumstances the
defence can present her general conduct dur
ing that fatal day in August a inconsistent
| with any theory of guilt.
What remains of the States case is the AS
sumption Of exclusive opportunity for the
crimes. This theory in the absence Of direct
or even circumstanial evidence Of guilt is pure
" hypothetical and ncOncusivc. Let it be
strained as it may and it will not exclude rca-
sonable doubt. /, is certainly much cls;cr to
believe that a concealed assassin Of dcransed
mind committed both barbaror, crimes and
| escaped from the house than il is TO set them
down as the work of young woman Of IRE
| proachable character, who had no motive for
becoming monster Of dcpavity. The pre-
| cison with which the Stare ha, limited thc
time allowed for the murder Of the father t.
| fifteen minute, has created a presumption OF
| the prisoners innocence every whit a. strong
as the theory of exclusive opportunity. The
interval allowed for change Of dress. the awful
butchery, the cleansing of the hatchci another
change of costume ard the removal from hcr
person Of all blood stains and signs of dis
order is too short. The theory of exclusive OPP
portunity l. confronted with crime incredible
| in detail and irrational in motive A VIDE MAJ
| gin is left for those reasonable doubts 10 which
any prisoner charged with murder is entitled by
law and common sense. Those doubts are en-
larged into positive grounds Of innocence when
the prisoners conduct, not only on that August
day but throughout her life is reviewed
Whatever may be the result Of the jury,
action, the DistrictAtorncy hcarle.> and in
applicable conduct in following the police man
agcment Of this case will inevitably be con
demned by public judgment. All the impOI-
tant evidence for the defence was virtually dis
closed to him before the Grand jury indicted
Lizzie Borden. lie must have known that
there was testimony at hand for corroborang
her statement that she visited the barn, and he
could not have been unfamiliar with the gross
blundcls Of the police. lie allowed himself t.
become the agent and abcttor Of police officials
eager for promotion and bent upon dstoIting
and manufacturing evidence against the won
an, whom they had plejndgel from the first
hour lie adopted their theories with amazing
ciedulity, and after waniOn attempt to com
pei a distracted woman to incrimnatc herself
produced in court after proraccd delay an
anomalous mass of perjured testimony, which
fell to pieces as soon as it was touched