New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-06-16

AIR Jennings desired the Jury clearly 10 "" 49,,
that they were not summoned 10 ans"e' ~" "a. :,
how This deed could have been done OF VIM -.
The only question they had to eon'idef wa, sn.,a
49, M, thu prisoner did II, ard before t"cs '
find acu.nst her they must be certain o'!o"a -,
reasonable doubt lie spoke OF the eha'''"' VI
evidence. .
DIRECT AND CIRCUMSTANTIAL E'
.Therc are two kinds Of evidence he sain' VII
and circumstantia Direct evidence Is ~. =, ,h,n0
OF persons who have SEEM heau VI NV ,r,.- .,s
or things about which they are teS'i's'e -, =,
telling Won something which they haNo oo
nsrcc,v,d bv their senses. There Is HOT o"c
=, ,,.o, o,,denc. In This case from beginning l.
49,. ,o,nc, Lizzie 4 Borden. There Is not II sPo
=, ,,ood ,horo t. not n weapon that they nave 'o'
n.c,ca with her I'm any way, shape OF iasNo'' -"
have no, Lad her hand touch 1t. or hc' e!c 'e' y.
her ear hear OF It. There Is not say d IT.
of ,cstimopv IN thi, casc-drect tc>tmohy-co".''
her with this crime. II Is WHOLLY an"
circnmstantial' , ,o -. II.
m.do This ncint For him and for the prisoner II
WA a noverful point and he Impressed us Po"''
ON Tho lively. men he was addressing. ,.oc.
Turning his attention t. clirunl''an. , ,rh,nh If
hc snid ina, II consisted Of certain iacts WiiSn
proved trile necessarily cause one TO inirr i,sd
certain other fact must have loIioM'u VI 80
And in moving "A murder he said, u j. nroc,S"
,o rho ,"vernnent TO prove that all OF the fact
existed which to your minds MAKE you ,no." 49, T.
tain that
hs IVA" words in circnmstan,al evidence Is simply
an opinion on your part 1t Is simply ~" s y,
drawn by Won from the facts that were proved u,
n whether lie esscnlaissue has been proven OF ho'
FOUR FACTS FOR THE JURY TO CONSIDER
ON the danger Of preceding too far on evidence
., mi. Kind ana Of Y,taciIng TO-, much importance
10 IT, Mr. Jennings spoke anNously an" earnesuS'
Io told of n number Diseases on which men had pe'i
convicted on crcumstanial evidence Tar more '"'''
bic and clear than, In his opinion, was any par' 0,
the evidence in this case and aiteTward j, had '"rh
out that they not cn!lis at all. lie s''u '"''
the facts from which the jury were to draw hierhcc'
in this case were four IN nunlbcr-ihc motive. the
veouon. exclusive opportunity and the conduct and
appearance of the prisoner lie COMMENDED thit no
motive AT all had ~ yet been shown. one OF lh'
murderer persons the DEFENDANTS own iilncI'
Motive I'm "A case where the state depends on otrcnm
stantia evidence, must lie clearly shown 1t cannot u
,hcre was not scintilia evidence that showed any
rm tho wormss and r,e, love on the part OF the de-
icndant toward her father. Even toward her mother
there was nothing that could be dgnihcd by calling y
evidence Of murdcrous feeling Inc prosecution n
ON this point and the defence able 10 show tia
the defendant lived with her father ~ true ana lov
cordfd friendship.
The Government Is compelled said Mr.. Jennings
to claim Ga' whoever killed Mr. horh sso W.,
those crimes they leave you without even me vas'S
shadow Of motiv. for the murder OF her iather
WHAT TIE DEFENCE WILL SHOW.
As to the matter Of the weapon. Mr. Jcnnin
did not think it necessary for him to speak here
There was no weapon" he said, THE suppose
blood on one Of them and then another has di'
appeared like a mist before the morning SUM- In
talk about a weapon WAS nothing but CROSSWORD ]
had been attempted by the prosecution 10 VIII
the Borden premises and prove by the witness"
| tina, no could get in or come ont on Una
morning without being seen. The defence VII
show that people had com" in and gone out VII"
! hn-
| living soul on the sand + testify tina
they saw Andrew J. lAidcn from the mouse an
down the street on tho morning Of the Avn {" August
| From his honse 10 the Mon savings Lana ne wa
seen by no. We shall show Nou thht tn.I' VI,
others and strange people ai.n, IN, IONS ,n,, ,ni
| show you Tat the Government statement ua' WI
defendant wa not In the barn that morning i ia-'
We shall show You I'm, ELc dld {" ' r .,ra aD w w
concerned We shall .lsiw you that The dre-s WI
burned M broad fignl Of DAY AIN n" m,,np u, .o
| We will introduce evidence 10 snow you MAJ o.
ndsn did no, haze ,n d Dr. did on nd T~ S Sny va"
| one which had been daily gwen 10 th" onc,r'.
oiccr MEDLEY had te,'ied mat after he arrived {,
| Tho honsr on the morning Of the murder he went Y
The barn and pacct hl> sc on leNrl WIN 'l' n"p
and saw no foot prints on me sediment 81 aus lhrr
| except those he himself had nndc Nr 1ehhni :
undertook 10 say that Dnic"r M"dlcys story va
purely ina ginavc. and that for half an hour ocior
he rcnchci inc house. dozen people had been In ina
barn ana all H. A.
| lin view OF these facts said Mr. Jcnning, "
view Of tho presumpiiorS of human nature. In vc
Of The relations between the father an1 daughter
from the fact that there Wiz no blood on hrf "'r-
| {, her head or on any part Of her body from ~
! fnct that there was no motive; from IN" TACT ina
| there were others around. and that lrrlc was
| tho harm we shall ask Won 10 testify by yOur vc
dict TINT the killing OF Mt and Ms. borirn by IN
| defendant was impossible that III" ma Jc'h "r"l,
| ,,,Iy accused and We shall ask you 10 r"stOr" h.
| 10 tho place she held In the commnniiv before N
became the victim OF these unjust ana uhha'uf'
ACCUSATIONS . ,, -.
| Mr.. JcnnngS's speech was telling In lis smp1'lt'
| lie took his FOR moment Ei.ng again u
summoned tho first witness for the defence.
STRONG TESTIMONY FOR THE DEFENCE.
me THEORY or FX, LrsivE OPPORTUNITY DIS