Morning journal and courier., 1893-06-16
IN LIZZIE sonpEN,s FAVOR.

| In Att6ndano6.ss I4fo8 aborQeu appeared II
 good spirits, notwithstanding yesterday
 rather disheartening proceedings, whici
 closed with the decision of the court to cd
 init testimony relating to Lizzie Bordeni
 attempt to purchase prussic acid.
 Charles P. Lawton, druggist of New
 Bedford, Henry H. Tnlson, furrisr of thu
 same town, and Nsthaniel Hathaway ar
 analytical chemist, also of this city, tsst
 fed regarding the keeping and the effso
 of prussic acid. Objections were made ant
 the court after consultation decided to ex
 clude the evidence of the attempted pur
 chases of that poison.
 The commonwealth then, after introduo
 ing exhibits, rested its case and a recess fol
 fifteen minutes was taken, during whiot
 the prisoner talked earnestly with Mrs
 Fessenden of Boston, the first woman who
 has spoken to her in the court room.
 The counsel for the defense then pre-
 sented their side of the case, MT. Jennings | being the spokesman. After outlining the
 crime and the accusation sgaint his client
 he said: "We shall show you that this
 young woman had led spotless life-wa,
 interested in religious and charitable work and yet for some reason the -goyernmen,
 seems to have fastened the crime upon her."
 The prisoner sat with her face buried in her handkerchief during her counself plea.
 When he had closed his address Mary | Chsguon was called as the first witness fol | the defense. She testified that ct II o'clock | on the night before the murder she heard 6 | noise like the pounding of wood in the di | reotion of the Borden fence, continued for | five minutes.
 Cross-examined by MT. Knowlton she | said that the noise seemed to come from that direction, but the windows were closed and she made no investigation. Mrs. Chsgnon confirmed her stepdapgh- ter's testimony about the noise. and on be- | ing cross-examined, said that at first she thought 1t sounded like dog.
 John W.Grouard testified that he painted the Borden house in May, 1892, and he thought that the prisoner was in the yicin- ity of the paint tubs.
 Charles N. Clifford, clothing store clerk: Lives next door to the house of Dr. Chag- non. He said he was at his house the night before the murder; saw 8 man on the steps leading to the yard; the side steps to my yard I mean; he weighed about 130 or 40 pounds; he sat on the steps with his hat on his face; shook him and his hat fell on the sidewalk; lit match and found that didn't know who 1t was; left him and went into the house. There was no smell of liquor about the man. I have never seen the man since. After wards Mr. Kirby came home; in few minute I heard something said by MT. Kirby.
 Cross examined: There Is a gate at the head of the steps.
 H. IL NH night before the murder when I went home at II o'clock found man sitting on my steps; spoke to him, but got no reply; I put my hand on top of his hat. de- tected no signs of liquor about the man. Those steps were near the driveway of pr. Chagnon's yard.
 Mark Chase of Fall River, a hostler, formerly policeman of the city, said: My place of business is at the barn on Second street opposite pr. Kelly's house; I was at the barn on the morning Andrew J. Borden was murdered about II o'clock I saw a carriage, an open box buggy, stand ing by tree near the Borden house; there was a man in the carriage; never saw the man or the carriage before; this was short ly before Il o'clock or 10:50.
 Dr. Handy of Fall River testified to phbbluk tuC oOloCu aOucO op U anu lusOU h. m on the morning of the murder; saw a medium-sized young man, very pale, walk ing slowly along. He was well dressed in light suit; he was acting strangely; he seemed to be weak and had an intensely agitated expression on his face; witness thought he had seen the man before and had tried to find him, but was unsucoess- full. Della Marley, who lives on Second street, testified to seeing @ young man dressed in light clothes standing in the Borden gateway about $40 g.. m. on the morning of the murder; never saw him before and noticed nothing about his ap pearance. Jerome T. Borden testified that he entered the Borden front door without dificulty the day after the murder.
 Walter P. Stevens, 8 local reporter, tes- tifed that he went into the Borden barn shortly after the murder; heard people walking in the loft; Medley was in the en- try of the house, and witness did not see Fleet in the barn; made 8 thorough search of the yard without results before going to the barn tried the cellar door and found it locked. Alfred Clarkson testified to seeing three men in the barn shortly after Il 80, but neither Medley nor Fleet was among them. Simon Robinskt, ice cream peddler, testified that he kept his horee on Second street, opposite the Borden house, and left the stable at 11:03 on the day of the murder. He saw lady with dark colored dress on coming from the barn, she had nothing on her head, and was walking slowly toward the house; had seen the ger want few weeks before and sold her ice cream; this was not the servant. Cross examipatio failed to change the evidence. Charles D. Gardiner, stablekeeper, testi- fed that Robinski took his team out five or ten minutes past eleven that day; wit ness drove out ten minutes later than Ro- binski; did not know anything about the trouble at the Borden house and did not look toward it; saw Reporter Manning run ming up the street. Charles B. Newhall of Worcester, who was in Gardiner's car riage corroborated MT. Gardiner. Everett Brown testified to being at the Borden house at Il just after the murder. He | and Thomas O. Barlow went into the barn | and when they returned to the yard saw | Fleet; they were put out of the yard; did | not remember seeing Medley there. Thomas D. Barlow corroborated the last | witness. Joseph LeMay, who lives in the northern part of the city, four miles from tho city hall, was placed on the stand, but the court ordered him down and sent the jury out while counsel argued on the ad instability of the evidence. MT. Knowltor in arguing the question said the matter
 upon which this evidence would touch had
 
 do with it SO far as the time was con
 cerned.
 The testimony sought to be introduced
 was that witness had seen @ man passing
 along the road near his farm, his clothes
 covered with bloed. MT. Jennings sait
 that the man seen by the witness had
 hatchet in his hand which might have beer
 the one used in doing the murders. H
 claimed that though the evidence be mucl | or little it should be submitted to the jury l Decision was reserved until tomorrow
 morning until when, st g o'clock, the cour
 adjourned.
 PANAMA CONvICTS FREE.
 The Sentences Against Charles d. Lesseps and Other Omcials Sc | Aside.
 PARIS, June 15.-Considerable excite
 ment has been caused by the decision o the court of cessation on the appeal o
 Charles de Lesssps and the other defend ants, convicted of fraud in connectio with the Panama Canal company. Tn |, l court handed down its decision to-day setting aside the sentences, on the ground | that the statute of Limitations covered tn 2 offences charged, and that the indictment on which the prisoners were tried were Il | regular. ME . in consequence of this decision M. Elf, , was at once liberated from prison. Y