New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-06-13
HER MOST TORTURING DAY.
MISS BORDEN WEEPS IN COURT
SHE WINS A GREAT VICTORY AND UNDER
GOES A DREADFUL ORDEAL
HER EVIDENCE At THE coRoNER's INoUEsY
RULED oUT-CAsTs OF THE HEADS OF HER
MURDERED FATHER AND STEP.
MOTHER PUT IN EVIDENCE.

MURDERED FATHER AND STEP.
MOTHER PUT IN EVIDENCE.
trnoM STAFF CORRESPONDENT OF THE rRrsuxR)
Bedford, Mass, June l2-The seventh day
Of Lizzie Borden's trial has ended, the first OF
the second week, and in some respects the most
thrilling and painfully sensational day Of all.
She achieved a notable victory and she passed
through terrible ordeal. Guilty or innocent,
when the plaster casts showing the features Of
her father and stcpmother and the position they
were in they lay cold in DEATH and the horrible
red marks drawn across their faces and heads,
were brought into court and the story of tho
butchery told by medical witness in all
its shocking details, Lizzie Borden experienced
sensations from which may Heaven in mercy
spare another She bore it az she bears every.
thing-bravey and with that exclusive atten.
tion TO the witness and to her lawyers or that
retreat behind her fan which arc the only two
movements of her observant faculties. But tho
rallor and the Gush the deathly white, the
other almost scarlet, that chased one another
over her face in rapid succession, hinted at the
intensity, if not at the character, Of her emo
tions.
1t has been a beautiful day, sunshny and
warm One could almost the rich grass
growing on the courthouse lawn. The Million
leaved elms, whose branches, high above tho
walk, twine and intcrtwine in a shading arch,
moved in the breeze gayy. The leaves paid one
another little visits and 6uttered and Kissed
and ran away. The sparrOws away up above
the lofty capitals of the great Greclan COLUMNS,
sang what seemed almost a melody they Wet"
so happy in the balmy air and cooling shaoe'
And the flowers in the little plots on the lawn
and in the big boxes the courthouse portlco
were never red, so white, so yellow, so green'
so perfect each in its own way, as they were IN
~. H. ls
Of a mental strain to listen for seven hours
day 10 such a story as is being told IN tha'
courthouse and 10 calculate It's relation TO !he
unhappy woman who sits pitifully alone ne
fore the jllry There is some relief in coming
ont into the fresh air once in a WHILE ana in
watching the harmless beauty Of June morn
ing.
MISS BORDEN wEEps AT LAST.
The women who have been so much ANNOYED oe-
cause Lizzie Borden does not cry, possibly teit oct-
fer when AT the close Of the reading OF Judge Ma
sons decision pronouncing in her laVor on t'o
question Of the admissibility Of certain evidence
| oivcn bv her at the coroners inquest, she bowed
her head 10 the back of Ex-Governor Ropinsohs
! chair and wept. And Yet il was not the Klhn ot
wceping that would probably satisfy the kind OK
women who have been Gritcising her flrm ana az.
,rost stolid demeanor There were sobs, no wild
|
close to her and who were watching her infenfly
knew that abe was crying But they, II they
looked closely saw that her face was hid and
tha, IL remained low-bent against the back OF
| tbe chair for az many as ten minutes; that neg
| handkerchief was at her eyes, and that wnen
] she lifted her face again her eyes were very red'
| Her lawyers had won great victory; one 'nas
meant much to her, because OF the circumstances
under which the testimony sought here to DO
introduced by the State had bcon taken
LAWYERS. I think, will generally approve the
Courts refusal TO receive this evidence Certaihiy
the bar of New-York was nearly unit in con-
| ,'oninng the decision of Judge Barrett. admitting
on the trial of Jacob Sharp the evidence he had
previously given before the Senate investigating
| Committee The cases by no means parallel
in their attendant circumstances. but in respect
| of the main point they are alike. rhe question
| in each cas-, was as TO whether or not the detend-
| ants previous testimony was voluntary or other'
wise The constitutional guarantee that no person
shall he compelled he witness against him-
| self is founded on a iusfifable prejudice lcS'i-
| mony drawn from a person accused or suspected OF
! crime is almost inevitably given under moral
duress and there is general feeling that II the
| State cannot prove its case against detehuano
| without extorting admissions from HIM IN the
lone of advantage or the fear of punishment it
ought to fail
The purpose Of District-Attorney Knowlton and
his able and high-mnded assistant, Mr. Moody,
,o undertake TO get in the testimony Lizzie Borden
had given before the Coroner at Fall River last
August manifested itself on Friday Just before
the adjournment of court. At hrst II seemed as
if the motion would prccipitate the trial OF new
issue-tl,at is. an inquiry into the circumstances
under which the evidence had been taken That
is precisely what it would have done in New-iork
City, or in any other place where lawyers thinK
il necessary to fight and quarrel over everything.
4 suggestion from the District-Attorney. however,
disposed both sides to think that it might be
| possible i'm the conference TO agree on a stipua-
ton recting 10 the court the precise facts in the
| ease The conference was held that night, and
the lawyers found that they all had about tho
same understanding There was really no differ
| cncc between them except as TO the phraseology
| in which the stipulation should be couched. Even
on this they did not differ long. They were in
conference as at all times they have been in
court. engaged in a genuine effort to obtain justice
| -iustce for the people, whose majesty had been
outraged and whose peace undone by the murder
Of Andrew Borden and his wife justice no less
for the prisoner at the bar. who is still a citizen
in the full enjoyment OF all the rights guaranteed
by a lust State to all within its protection.
A REMARKABLE ExHIBITIoN OF FAIRNESS.
; On Saturday the stipulation had been written
in a form that met with the concurrence of
Lizzie herself and Of all the attorneys II con-
.ained so many points which the lawyers
might have fought and which contention
! would have seemed justified as to render the
agreement upon it truly remarkable exhibition
Of the fair spirit in which this case has been
conducted at least since it came into this court.
As an illustration of these points. that describing
the position of Miss Borden to the nature Of
the custody in wnch she held is particularly
relevant. She was not exactly under arrest, but
shc' was so nearly so, and the manner and meas
ure in which che guarded were curious
and unusual, that the defence might well have
been Justified in demanding an inquiry into them.