Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-06-19
An Appeal to the Intelligence of the
Jurors.
I RIG X E RY DISD AIMED.
Scenes in the Court Room During
the Argument.
THE RUSH FOR ADMISSION.
The Prisoner Much Affected by Kind
Reference 10 Herself.

NEW BEDFORD, MASS, Jure l9-The day OF
the arguments in the Borden case brought out
a terrific jam at the court house. and over an
hour before tine time OF the opening the doors
were besieged by people, mostly ladies in holi-
day attire, all hoping to get seats. But there
were too few seats for the accommodation Of q
tenth part Of the claimants and there was much
grumbng in consequence.
When the court was ready for opening there
were many ladies standing in the aisles. but
they we're quickly ushered to the ante rooms
and corridors and obliged to sniff the battle
from afar. The bar Enclosure was packed with
legal lights
The jury took their seats at SIS. looking
quite refreshed after two days rest and a few
minutes later Miss Borden came in. a bunch OF
| pinks in her hand and contented smile on her
face.
ARGUMENT FOR THE DEFENSE
Almost immediately Gov. Robinson began his
argument. He said:
MAY it please your hoaors. Nh. Foreman
and Gentlemen: One of the most dastardly and
diabolicai crimes ever committed in Massachu-
sets was perpetrated in August, 1892, in Fall
River. The enormity Of il startled everybody
every man feels that a wrong should be righted
and the wicked brought to justice. Here .
crime with all Its horrors. and who could have
done such act? asks everybody.
I'm the quiet of a home in that broad day-
light the streets of a populous city. who
could have done il. Inspection showed that
Mrs. Borden had been slain by the use OF soma
sharp instrument. and below stairs was Mr..
Borden's mutilated body. The terrors OF those h.
scenes no language can portray. and we are
challenged at the outset to find who was equal
to that enormity; whose whole heart Is black
ened with crime-a maniac. not a man Of senses
and heart. lunatic. devil
They were wel-directed blows which caused
those deaths, not directed by b.under, none
| going amiss
surely we can say at the outset that this was
I not the careless, unframed doing of
| familiar with such work.
Now. suspicion begins to fall here and every-
where. They surround this and that and
follow out clues everywhere. No decent man
complains Of investigation and everything
which ought TO be done. but everything
was not done and the proper methods were not
taken"
Tracing the course OF all suspected persons
| from the preliminary hearing to this trial the
speaker said that in all those proceedings the
prisoner had no voice.
The government said if we can't prove il
against her she shall go free, but 1t was one
| sided. and YOU are to draw no inference what
ever from the proceedings OF the preliminary
hearing. We would not be safe IL in these great
1 crimes our lives hung or the words OF single
man.
| I've come here to- freedom and RIGHT
| through you gentiemenSAs you begin TO con-
| template this crime you must say such acts
are Enthusiastically and morally impossible
| for this young woman. Ii II a wreck OF human
morals TO saw this OF her.
| The defense complains OF no persecution
on The part of the district attorney. He has
only one duty TO do. and with his well-earned
| fame at the bar he has no need 10 search for
fame, and be will be the last man 10 attempt
such; he stands above such things and says;
| All have is the il is and il
brought me by the police of Fsli River He is
not here for blood. neither is he helped for that
| purpose by our friend from Essex county. so
you see no small play. mean tactics the
part Of the commonwealth. onlya presentation
of what has been proved here. and only that"
KIND TREATMENT OF THE PRISONER
Here the speaker referred TO the kind manner
in which the sheriff had used Miss Borden. and
said: ''She came into this court, presided over
BY our ablest justices, who want for the COM
monwealth the care tried fairly. and now you
are only TO draw out the facts.
II said the case was brought here by the Fall
River police. haven't time to 60 into sarcasm
and denunciations The blue coats and brass
buttons up Whist is inside; the officer is
always magnifying this and minimizing that
and looking for the one who committed the
deed upon which they are at work. The wit
knock their own heads together. but after all
they show themselves TO be only men with
man weaknesses. So / say to you this defend
| ant comes before YOU perfectly satisfied that
the jury lie the most refreshing aspect that the
ewes of human beings ever Toasted upon. You
are men. Bristol county men. with hearts,
heads, souls and right minds. and you come
here in obedience TO the laws. because in answer
to their demands YOU must render this great
service; Won are loyal 10 the state ard 20 COM
nrs,.
and your intellect here and let us talk TO you as
men.
Lizzie A. Borden has been in your charge
| from the day we opened this case, and now
comes the time when not alone are her lawyers
| to speak for her and the justices 20 speak, but
you twelve men take her in charge.
''She IL not the property of anybody. but .
free. intelligent innocent woman, IN your
charge. This woman has never been alone in
| this court room, but has been watched over
carefully. You. in irving this woman for life,
bound to saw: Il will critically consider this
! question. and l will make no mistake. For IL
YOU do. no power on earth can right It. The
man want to see in the jury box is he who says,
as you have said. that he has read and had opin-
ions, but You capable of using common
sense. The man don't like 10 is the one
who ID like piece Of putty to take the impress
sion of the last one who comes in contact with
him. Every man of YOU is man enough 10 say
when some one presents an idea in your jury
room that is not in the TO say so. Ii il not
your business TO unravel the mystery. but SIM
ply to say. 'Is this woman guilty. That's all,
and though the real criminal shall never DO
found, better that than you should find a wrong
verdict. No; who did it. how could il have
been done, but did she do it? You must not
think for a moment that this defendant is set
for the finding out of who did it, She is not Q
detective aud she has been in jail for nine
months under constant surveillance since the
very day almost OF the murder.
Don't ask her to do impossible things, 10 do
what she can't do; the commonwealth does not
want any victims. In oden DAYS sacrifices
were offered. but in these Gays we don't even
burn witches in Massachusetts / ask you only
be true TO yourselves.
| There always goes with any person the pre-
sumption OF innocence of crime; that Is our
bulwark, and il started with her from the day
she was taken in charge and IL never leaves her
until that presumption is overcome ana she as
! declared guilty. Bear in mind thnt that pre-
sumption is always in the scale and the scale ls
always tipped in. the prisoners favor until
| TIMED the other way The court will explain
| the evidence but will not and there Is no need
| for me TO go into IL fully, because \ deem ~
! unnecessary. IL You are asked TO analyze any
evidence look TO see il it fits and whether the
| chain of circumstantial evidence Is comrlete
before YOU make up your minds. The magni-
| tude of a mistake is not TO be lightly consid-