Pawtucket tribune. (Pawtucket, R.I.) 1890-189?, 1893-06-13
TURNING of THE TIDE
Is Shown to Be in Liz
zie B0rden'S Favor.
HER TESTIMONY EXCLUDED.
The Prisoner weeps for Joy at the De-
cision Of the Judges.

New BEDFoRD. Mass. June 13.-What
a day of excitement IL has beeni Who
that sat in the quaint old Bristol county
court room can forget the picture Of its
crowded benches, its deeply attentive bar;
the hush that fell rs the last eloquent
word fell from the lips of the learned
counsel and the dignifed justices, arbters
of Lizzie Borien's fate, retired. What a
tense moment il wasl
The eager faces of the ladies, the rapt,
sober aspect of the men, rs they watched
the facial expression Of the attorneys
within the bar until the hour of suspense
came, wi EN- each attentive listener drew
back in his or her seat. and then there broke
upon the Stiffness of the buzz of whis-
pered conversation, growing perceptibly
louder as IL ran like a great wave round
the spacious room.
An hour passed and still no court, and
then there were Fastening feet from the
ante rooms. Mr.. Jennings came hurrying
In, wearing pleasant smile on his face as
he looked toward his client, who had just
returned from her temporary absence.
Chief Justice Mason, grave, sober digni-
fed, appeared in the doorway. The hun
dreis of wagging tongues instantly ceased.
All eyes were concentrated upon the
bench. There was a brief delay, and the
quiet hush of the court room
Became Oppressive.
District Attorney Moody returned first;
then Mr.. KnowltUn. Both wore an air Of
confident assurance. Attorneys Jennings
and Adams leaned slightly forward with
flushed and apprehensive faces
Governor Robinson sat back in his chair
COOL calm and collected, firm In the con-
seriousness Of the justice of his plea and its
broad and noble liberality appealing to
that love Of fair play so dear to the heart
of every liberty-loving son Of New Eng
land.
The tableau WAS striking, thrilling in
the intensity of its dramatic situation.
Only 90 minutes before the distr let at
torney for the commonwealth had replied
to his eloquent brother In the transposed
language of the distinguished critique of
the heroic charge of Balaklava, 'your ar.
gument is magnificent but il Is not law"
There had been those to say: "Ahl Mr.
Moody had the strongest, most judicial
argument, while Mr.. Robinson appealed
only To the sympathies Of the court"
The chief justice began to read. His
clear. for chile enumeration made his utter
ance heard from end to end of the silent
court room.
The First Sentence.
expressing the opinion Of the court that
the propriety of examining the prisoner at
the inquest was entirely distinct from the
admissibilty of her statements there
made, conveyed feeling that the testi-
mony crowding the typewriter folios
under Attrrney Moody's thumb would be
read To the jury.
For moment even Mr.. Jennings thought
that the testimony would be accepted. but
as the grave speaker drew to his close the
fact was recognized that the superior court
of Massachusetts, had for the first time in
legal ruling sustained the long ago de-
ciared right of every freeman and free
woman to perfect liberty of decision as to
whether he or she should testify or not in
his or her own behalf when accused before
jury of their peers
And when the final words, "The evil
derce is excluded" were uttered, Messrs.
Adams and Jennings grasped each others
hand and sank back in their chairs. while
George ID. Robinson, with one of his hap
piest smiles, grasped again his busy pen
Gil and took copious notes, while
Lizzie Borden Burst Into Tears,
and the eyes Of many fair lady in the
spectators seats glistened, too, in ready
sympathy.
1t was the supreme moment in the case;
In that it marked the turning Of the tide.
"You may say" said distinguished
Boston lawyer watching the case, that
you have lived TO see the grandest re-
affirmance of the sound old Massachusetts
doctrine of the constitutional right of
every free man to protection against COM
l. a.
which may criminate himself that was
ever known"
It may not go into the Massachusetts,
reports, which contain only the decisions
of the full bench of the supreme tribunal,
but it establishes a precedent in criminal
procedure for the guidance of prosecuting
officers I'm future capital cases.
Commonwealth officials will be SLOW
hereafter to resort to such attempts to OBJ
tain evidence as were practised against
Lizzie Borden at Fall River.
The prosecution has received serious
blow in a vital spot Cool as District
Attorney Knowlton Is, he was not wholly
able TO conceal how disturbed he was by
this adverse decision, when he had an
ticipated quite the reverse.
The decision and the occurrences OF the
day are the talk Of the town.
A New Sensation.
And now comes a new sensation. That
great spot on the door jamb so much de-
scribed in the preliminary hearing at Fall
River and made much of In measure
ments at that time, which was not In
ciuded in District Officer Seaver's memo
rands, has been singularly lost sight Of in
the present trial.
Mr. Seaver did tell Governor Robinson
on Saturday that he was not able TO swear
that he knew now whether IL was blood or
water.
Yet this spot was considered Of such
great value that the wood of the jamb was
cut away that IL might be brought to the
station
Many a learned gentlemen decsnted
upon it.
But IL IN declared now that this spot Is
not blood stain at all, but IL is that OF
tobacco Juice, simply. Il is further inti-
mated that Professor Wood may so testify
at his coming examination.
When one thinks Of that big spot posi-
fiyely asserted 10 b. blood found on the
door lamb some very interesting reminis-
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