Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1893-06-15


,nchelf the spectators in court this morn
Ing were women and the second week of the
Borden trial opsnel with apparently in
creased interest. Miss Borden came into
court at $50 and took her seat within the
bar. She looked somewhat dragged and in
Answer to an inquiry from Gov. Robinson
RS to her rest last night, her words and
manner indicated that she did not pass
pleasant night.
After court opened and the jury were
poled the officers were directed by court to
retire the jury until they should 10 sent for,
pending arguments to follow. The question
of the adnissibity of Mss Borden's evidence
at the inquest when under suspicion before
nrrest was then argued. Mr.. Moody,
Tor the commonwealth, spent three
quarters of an hour maintaining
he admissibiity, on authority, principle
and practice, claiming the rule to be that
testimony is admissible if voluntary aud
arguing that the defendants conduct and
declaration sdowing consciousness Of guilt
would be admissible. During the argu-
ueut the prisoner Yves visibly affected, and
was led from the court room by the sheriff
because of sudden indspositon
Gov Robinson, for the defence, argued
eloquently tina, .be facts showed that de-
fendant's declek lions were not voluntary;
and discussed a. authorities which he
,aimed admitteH ,e testimony only when
facts were difF 1t from those here. He
declared that III F'ohce officials had followed
underhand mel dis in dealing WITH Miss
Borden at the iaoIlest, and that her rights
and privileges luder the constitution OF the
United States nd been violated.
Mr. Moody c)mpimented Gov Robinson
upon his magnificent ergunent, but said
that it was not law. H. claimed that Gov.
Robinson bad utterly failed to show any
thing which would justify the eXcluson of
this testimony. He deuisd that Miss B0r-
len rights had been trans crossed ir any
WY. Court retired for consideration at
l1:lj.
Thr irqrfst Tcstimonr Excluded.
Court returned at 2:36. Miss Borden
was visiby affected by tha courts decision
excluding her testimony at the inquest and
tenlnined come minutes with her face COW
pred with her fan.
The jury returned and at l2;t2 Mr.. Al
bert Dedrick took tue stand. lie testified
20 an examination of the bodies on the
afternoon OF the murder. In his opinion
Mrs Borden died first
Patrolman Joseph Hyde was called at
l3:iS and d, ribbed seeing the prisoner with
Mss Russell 90 down cellar with "A pail to
:he water closet and sink aJ S:41 on the
night after tho murder The prisoner made
u second visit to the collar alone a few min
utes later. On cross-examinatiou he said
they had a light, but Miss Russell looked
aervous Court took rec9ss at l clock
20 2:lJ.
Tie cross examination of Officer Hyde
developed nothing. Tn, Fall River city
records were then read to show the mar
riaGe of Mr.. and Mrs Borden and the age
OF the prisoner. Medical Exuminer Dolan
was called ut 2.3j and examined by Dis
.rct Attorney knoHlton as to his examina-
lion al the Borden house on tie day Of the
murder and his conversation with
ihe prisoner Or. Doan identified
the carpet tiken from the floor under Mr..
Borden S hody; described the condition Of
the biool found with each body that OF Mr.
Borden being warm and dripping aud that
II Mr.. Borden coaguated. Witness ex-
imncd milk used by the Bordens August 3
and T. and identified tho hatchots shown
Linn ON the day OF tho murder. lie describ-
ell the circumstances of taking tho photo
graphs Of the bodies and described the posi-
tion of both bodies when found and the CON
lition of the rooms where found. The pho
togrnphs were admitted. Prisoner sat with
closed eyes, tanning herself part OF the
.ime.
In Examining the Hatchets
he found on the claw hammer two hairs
one on the blade and another on the fibre
OF tho wood near where it goes into the
handle, and saw several spots on the han
lie which looked like blood the blade
i2emed to have been screped. la Mr.. Bor
1on's pockets were found fSl. 30 in money,
md his watch and chain and other jewel
ry were intact; witness did not take the
bloody handkerchief found in the room
with the body of Mrs Borden; thought it
was buried with the other bloody cloth
ing. The piece OF mopboard, the pillow
sham aud marble slab with tue piece from
The kitchen door w.th blood on. then were
Identified by witness and placed in evi.
dcncs.
Witness was shown q dress skirt belonging
to the prisoner which he thought was the
me upon which he detected ID spot of blood
when he first saw it. He could not find the
ipot but there was a hole where he thought
:Eo blood spot had been.
Plaster casts OF the murdered people
with locations of all the wounds, were thea
brought in and tho witness minutely de-
scrbed the positions and Dimensions of
he wounds he had made a thorough
autopsy and found no other cause
II death save these wounds tbs
IPItl lH'c'b'Hta IN Mrs. BOrteN 5 DOuS were
filled with undigested fouI the lower were
empty. IN Mr.. Borden tho upper one.
were empty while the lower ones contained
somo pieces. Witness thought Mrs. Borden
had died at least one hour and half bafore
Mr. Borden; the condition Of the stomaohi
would tend TO show this fact by support
Ing it.
After Or. Dolan had desoribed the an
t,psios on the bodies OF the Bordens he mod
iteI under cross examination by Mr.. Adam,
mis- opinion given In the preliminary heer.
Ing that the claw hammered hatcAet vould
f. all the wounds Still he thought TIL.
1at2hat could have made the wounds in tbf
hIais.
When witness removed the heads he dij
not give notice to tho daughters Of tho fact
witness did not say thero was blooI on th,
hetchets when lie saw them, but something 2
that locked like blood. lie knew now thai
fho hairs he found we're not human hairs.
Governments Game = Losing One.
FALL RIVER, Mass, Juns H. That