Waterbury evening Democrat., 1893-06-16
MISS BORDEN'S TRIAL
The Defence Proceeding Rap
 idly With Its Case.
BETTER OUTLOOK FOR PRISONER

Dr. Handy Testihe ed Ihat lie saw Men-
 tally Disturbed Man Near the House
 on the Morning of the Murder-Mr.
 Jennings' Opening Speech to the
 Jury-The Accused Woman Wept.
 NEW BEDFORD, Mass, June 16.-The court room was again packed at the open ing of the eleventh day of the Borden case. The prisoner was early in her place, and appeared cheerful. More than half the spectators were women.
 The first witness called yesterday was Charles H. Sawton, a New Bedford drug gist
 The defence vigorously contested every point of the governments testimony of the prisoners attempt to purchase prussic acid Mir Lawton testified that he knew of no other than medicinal purposes for which prussic acid is used.
 Henry H. Tillson, of New Bedford, in the hat, cap and fur business, testified: He cared for the furs of others as well as his own; he devoted some of his time also to preserving furs. He was asked if prussic acid WIS ever used in the care of furs but his answer was objected to by the defence and ordered stricken out. He had no knowledge of the effect of the acid on furs.
 Nathaniel Hathaway, analytical chemist, New Bedford, was next called. He was acquainted with prussic acid in both forms; it is usually sold in two per cent solution. He was asked about the suita- bility of the drug in connection with furs, and the question was objected to. The court considered the question very broad one, and the matter was ruled out.
 After consultation the justices excluded the evidence of attempted purchases of prussic acid After introduction of ex- hibits the Commonwealth rested it's case and recess for fifteen minutes was taken.
 During the recess the prisoner talked earnestly with Mrs Fessenden, of Boston, the first lady who has spoken to her in the court room
 The prisoner sat with her face buried in her handkerchief during counsers plea. After distinguishing circumstantial from direct evidence and Illustrating the dan gerous character of circumstantial evi- dence, he said every link in the govern ment's chain of evidence must be proved beyond reasonable doubt, includ- ing motive, weapon, exclusive oppor- tunity and intent. The defence would show the relation between the father and daughter which excluded motive for killing him, and the motive to kill the mother alone would not be enough, for the government claimed that the same person killed both. He claimed that the weapon had not been connected with the defendant. Exclusive opportunity would be negatived by showing that other people were around at the time of the mur- der; that others entered the barn before the officer who testified that its floor was covered with dust and that the burned dress was covered with paint, and was not worn on the day of the mur- der
 Martha Chagnon was the first witness called for the defence. She testified that at II o clock on the night before the mur- der she heard noise like the pounding on wood in the direction of the Borden fence; continued for five minutes
 Cross examined by Mir. Knowlton: noise seemed to come from that direction but the windows were closed and witness made no investigation.
 Mrs. Chagnon confirmed her step daughters testimony about the noise; cross examined, first thought it sounded like dog.
 John w. Gronard testified that he painted the Borden house in May, 1892, and he thought that the prisoner was in the vicinity of the paint tubs In the afternoon Dr. Benjamin Handy testified that he passed the Borden house l between 10:20 and 10:40 on the morning of the murder ard saw medium sized man of pale complexion with eyes fixed on the | sidewalk. He was in the street between the Borden and Kelly house, and attracted witness attention by his strange actions On cross examinations: The man was walk l ing slowly away from the Borden house; seemed mentally Rgitated. Jerome T. Borden testified that he en- l tered the Borden front door without diff | culty the day after the murder. Walker P. Stevens, reporter of the Fall River News, testified that he went into the | Borden barn immediately after the murder | and heard three people talking in the loft. Cross examined = Made search of the yard with no result; tried the cellar door and ! found if fastened before he went to the barn.
 FALL RIVER, June 16.-A boy of the | name of Potter, son of c. c. Potter, clerk | in the Fall River Water Works office, while looking for ball, found a hatchet on the top of John Crowe's barn, which is located just in the rear of the Borden prop | erty.
 ! MT. Potter reported his find to the po- \ lice. He still has the hatchet in his pos
 session, and describes it as an ordinary ! implement, with hammer head. The | handle was weat beaten, and the blade | covered with rust.
 Some of the particles of rust being re- | moved slight coloring of gilt was dis | closed, which would either indicate that | the hatchet was at one time used as an or nament or was quite new when lost or dis carded
 There have been no electric linemen | upon the roof of the barn where the hatchet was found since Aug l.