Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-06-19
Argument for the Defense in the
Borden Case.
EX-GOVERNOR ROBINSOES PLEA
An Appeal'to the intelligence Of the
Jurors.
It r I c X cry AIMED.
Scenes i'm the Court Room During
the Argument.
TRICKERY DISDAINED.
THE RUSH FOR ADMISSION.
The Prisoner Much Affected by Kind
Reference TO Herself

a terrific jam at the court house. and over an
hour before tine time Of the opening the doors
were besieged by people, mostly ladies in holi-
day ATTIRE all hoping to get seats. But there
were too few seats for the accommodation Of q
tenth part of the claimants and there was much
grumbiing in consequence.
When the court ready for opening there
many ladies standing in the aisles but
they were quickly ushered to the ante rooms
ane corridors and obliged to sniff the battle
from affair. The bar Enclosure was packed with
legal lights.
The jury took their seats at SIS. looking
quite refreshed after two days rest. and a few
minutes later Miss Borden came in. a bunch of
pinks in her hand and a contented smile on her
face.
ARGUMENT FOR THE DEFENSE
Almost Immediately Gov. Robinson began his
argument lie said:
MAY il please your honors. Mr.. Foreman
and Gentlemen One of the most dastar6ly ard
diabolical crimes ever committed in MassachG-
sets was perpetrated in August. 1882. in Fail
River. The onormity OF i, startled everybody;
every man feels that a wrong should be rightea
and the wicked brought 10 justice. Here vas q
crime with all lie horrors. aud VINO could have
done such an act! asks everybody.
In the quiet of a home in that broad dsy-
light on the streets of populOus city, Who
could have done il. Inspection showed that
| Mrs. Borden had been slain by the use of some
sharp instrument and below vstairs was Mr..
Bordens mutilated body. The'terrors of those
/ scenes no language can portray, and I'VE are
challenged at the outset tpjfind who equal
to that enormity; whose whole shaart is black-
ened with crimes mania nota man OF senses
and heart. lunatic. a dbl.
They were well-direced blows which caused
those deaths, not directed by blunder, none
going amiss.
Surely we can say at the outset that this
not the careless, unframed doing of one un-
familiar with such work.
Now, suspicion begins to fall here and every
| where. They surround this and thGt one and
follow out clues everywhere. No decent man
| complains Of investigation and everything
which ought to be done. but we say everything
was not done and the proper methods were not
/ taken
Tracing the course of all suspected persons
from the preliminary hearing TO this trial the
speaker said that in al those proceedings the
prisoner had voice.
The government said if we can't prove it
| against her she shall 60 free, but 1t was one
sided. and you are to draw no inference what
ever from the proceedings Of the preliminary
hearing. We would not be safe if in these great
crimes our Lives hung on the words Of a single
man.
We come here to seek freedom and right
through you gentlemen. As Won begin TO con-
template this crime YOU must say such acts
are characteristicaly and morally impossible
for this young woman- tis a wreck of human
morals to saw this of her.
The defense complains of no persecution
on the part of the district attorney. He has
only one duty to do. and with his well-earned
fame at the bar he has need 20 search for
fame, and he will be the last man to attempt
such; he stands above such things and says:
All l have is the case IL Is and as II WAS
brought me by the police of Fsl River. He is
not here for blood. neither is he helped for that
purpose by our friend from Essex county. SO
you see no small play. no mean tactics On the
part of the commonwealth, Onl! presentation
of what has been proved here. and only hat
KIND TREATMENT OF THE PRISONER
Here the speaker referred to the kind manner
in which the sheriff had used Miss Borden. and
said: .'she came into this court. presided over
by our ablest justices. who want for the COM
monweath the case tried fairly. and now YOU
are only TO draw out the facts.
Il said the case brought here by the Fall
River police. haven't time TO go into sarcasm
and denunciatous. The blue coats and brass
buttons cover up what il INSIDE; the oihcer Is
always magnifying this aud minimizing thaf
and looking for the one who committed the
deed upon which they are at work. The WIT
ness stand brings out their weakness when they
knock their own heads together. but after al.
they show themselves to he only men with
mans weaknesses. SO say TO you this defend
ant comes before YOU perfectly satisfied that
the iurv is the most refreshing aspect that The
! ewes of human beings ever Toasted upon. lou
are men. Bristol county men. with hearts,
heads souls ana right minds. ana You come
here in obedience to the laws. because IN answer
. | to their demands Won must render this great
service: YOU are loyal TO the state and TO CON-
mon humanity. Bring your hearts, your homes
and your intellect here and let us talk to you as
men.
1 So, -ol.ar
, from the day we opened this case. and now
comes the time when not alone are her lawyers
TO speak for her and the justices TO speak, but
/ YOU twelve men take her IN charge.
''She is not the property of anybody. but .
free, intelligent. innocent woman. IN your
charge. This woman has never been alone IN
this court room. but has been watched over
carefully. You. in irving this woman Tor lie,
are bound TO say: Il will critically consider this
question, and will make no mistake. For II
YOU do. no power earth can right IT, The
man want to see in the jury box Is be who says,
as you have said. that he has read and had opin-
ions. but You are capable of using common
: sense The man don't like to see il the one
E who is like a piece of putty to take the impress
s sion of the last one who comes IN contact with
him. Every man of You IL man enough TO say
. when some one presents an idea in your jury
room that is not in the case to say So Ii is not
e YOUR business to unravel the mystery. but sim
e ply TO say. 'Is this woman guilty. That's all,
N and though the real criminal shall never be
found, better that than you should find a wrong
verdict. Not who did il, how could it have
been done. but did she do it? You must not
: think for a moment that this defendant is SET
: for the finding out of who did it. She is not a
, detective and she has been in Jail for nine
months under constant surveillance since the
= very day almost of the murder.
Don't ask her to do impossible things. TO do
what she can't do; the commonwealth does no;
want any victims. In olden days sacrifices
: were offered, but in these Gays we don't even
> burn witches in Massachusetts. ask you only
, | be true to yourselves.
, There always goes with any person the pre-
sumption OF innocence of crime; that Is our
. | bulwark, and il started with her from the day
she taken in charge and il never leaves her
until that presumption II overcome ana she ~
: declared guilty. Bear in mind that that pre-
sumption IL always in the scale and the scale Is
always tipped in. the prisoners favor until
;. tipped the other way. The court VIII explain
y theeyidence. but will not and there If no need
} for me to go into il fully, because deem ~
y unnecessary. If you are asked TO analyze any
= evidence look 20 see IL il fits and whether the
chain of circumstantial evidence II complete
before YOU make up your minds The magni-
tude of a mistake is not 10 be lightly consid-
in cred but such men you, with your nome
p influences, your church associations, VIII have