The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-06-18

aisle To prove. that many found IL harder TO
clicrc that the local Dogberrics ana the
District Attorneys office had made
frightful mistake than that Christian
Young woman OF unblemished reputa-
ton and blameless. II narrow life had sud-
denly turned into fond from hell.
That is why each successive development
at the trial. II at all unfavorable to tho ac-
cuscd. has weighed for moro than 1t was
really worth as against her. The effect
upon tho reporters present in court. and
through thcm upon the public mind. las
been. as usual in porplexing cascs OF cir
clmstantial evidence. an alienation OF
conflicting doubts. Behind the flimstest
circumstance pointing to LIZZIE BoRDEN's
puilt-atd the circumstances making that
why have been numerousi II not important
there has boon present oil the time the
great question: II she did not kill her step
mother and her father. who did VINO
could have got into the house and Killed
them? 1t Is not the business OF tho court
to ascertain that. 1t Is not the business
OF Miss BoRDENs counsel to hnd the an
swcr to that question. The simplest way
OF course. to establish the prisoners inno-
cence would be for them to produce the
actual criminal; but their failure to prove
that the butchery was the work OF somo
homicidal maniac OF extraordinary cunning,
or of some deep plotter with motives now
undreamed OF, or even OF some escaped
brute monster Of superhuman strength ana
ferocity. like the orang-outang In FOES
tale, does not provo LIZZIE BoRDENs guilt.
The business Of her counsel is not to solve
tho mystery OF the murders. but to show
the insufflciency Of the evidence connecting
her with them.
This they have done with skill which
commands the admiration OF lawyers and
laymen alike. 1t has been cross-e2am-
iner's trial throughout. Not many wit
nesses were called by tho Commonwealth
whose testimony did not in the end count
more toward making Miss BORDEN free
woman again. than toward sending her to
tho rallows. A chain Of clrcumstantial
evidence 10 strong only IL 1t is strong in
every necessary link. A single weak point,
and 1t breaks and is useless. The chain
tested at New Bedford during the past
twelve days has proved fragile indeed. not
merely at one place, but in almost every
link. AS point after point relied upon by
the prosecution gave way under the mas
terly Undergraduates Of Mr.. ROBINSON. who
has demonstrated his own genius for cross
examination by transforming long string
of Government witnesses into witnesses for
tho defence, surprise at the weakness OF the
case against Miss BORDEN grew steadily to
amazement that upon such slender evidence
the life Of any man or woman could have
been deliberately attempted by means OF a
judicial proceeding.
The prosecutors have endeavored to show
that Miss BORDEN had motive for the
double crime, and exclusive opportunity to
commit 1t; that the weapon with which the
butchory was done had been found: and
that the prisoners behavior on the day Of
the murders and her subsequent statements
and actions, constituted conclusive evidence
OF her guilt.
The motive. so far as it appears In the
testimony. is confined to a property grlcv-
ance against tho stepmother. leading to q
failure of cordial relations with the muir
dered woman. Behind this. and necessary
to give it any Importance. is the vague
idea OF n discomfort in LIZZIE BoR-
DEN's mind with her homo surroundings.
80 strong Us to impel her to hack both her
stepmother and her father to death: de-
| spatchlng the stepmother FIRST. in order that
| the entire fortune OF her father might pass
directly to her sister and herself. and no
part be diverted to Mrs. ABBY BORDEN
| relatives. The lack OF cordial relations In
| the family was not shown with sufficient
| distinctness to warrant q decree In q suit
for marital separation for incompatibility
OF temper. much less to afford ground for
assuming a murderous intent. The testi-
mony to that effect consisted Of gossip and
the repetition OF pettish remarks made
at times by Miss BORDEN about
her stepmother. indicating an attitude
on her part toward Mrs. BORDEN precisely
like that which is held by thousands and
tens OF thousands OF grown-up daughters
In New England or elsewhere. toward the
women their fathers have married.
But even II the Government had proved
that LIZZIE BORDEN regarded her step
mother with hatred leading irrcsistibly
to murder. tho fact would not account fol
the second crime on the morning Of August
4. Absolutely no reason has been pre-
sentod for supposing that the girl did not
entertain toward her father the most af.
fectionate and filial sentiments. From the
prosecutions point OF view there is ar
| uLLeT dUS6uCo VI HOtlfo lOT LILO
der Of ANDREW JACKSON BORDEN by his
daughter. The stepmothor once out Of the
way. there Is no conceivable reason why the
father should be killed. The alleged motive
Of hatred ceases to operate when Mrs. BoR.
DEN's head has been hacked and hewn to
pieces. The motive Of discomfort with
home conditions Is gone. for the source OF
the alleged discomfort has been disposed Of
The motive Of avarice Is gone. for the
estate OF the aged father is now certain tu
descend In its entirety to the daughters
Nor. finally. did the killing Of Mr.. BORDEN
contribute in the slightest degree to the
concealment Of the first crime. or to the
safety OF the criminal. 1t added immeas.
urably to the probabilities of immediate
detection and ultimate conviction.
The theory OF the Fall River police and Of
the prosecution assumes that LIZZIE BoR.
DEN is strong and bold and brutal enough