The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-06-19

did 1t, now cOulu IL nave pcou uoHc, bue
did she do it? You must not think for
moment that this defendant is set
for the fiudlng out or who
did It, She is not a de,
tective and she has been in jail
for nine months, under constant control
from the very day almost OF the mur-
der. Don't ask her to do Impossible
monwealth doesn't want any victims.
either; in olden days sacrifices Were
offered. but in these days we don't even
burn witches in Massachusetts. ask
only that you be true 10 yourselves.
THE PRESUMPTION OF INNOCENCE.
''There always goes with any person
the presumption of innocence OF crime;
that Is your bulwark ana it started with
her from the day she was taken IN Gu arge,
and 1t never leaves her until tnat pre-
sumption is overcome and she Is declared
guilty. Bear that in mind, that the pre-
sumption is always in the scale ana tne
scale is always tipped III the prisoners
favor until tipped the other way. Inc
Court will explain the difference between
direct and circum stantial evidence, and
there is no need for me to go iuto iG fully,
because deem iu unnecessary. Ii you
are asked to convict upon any eVldence
you will look to see II it fits in and wnetn-
er it is all in. whether tue. cna.n IS
complete before you make up your
ullUu9. u6 OOuEl w IA OElA } W. VIZ y ~
must come up in your minds TO moral
certainty, not mathematical certainty.
beyond q reasonable doubt Inc magni-
tude of mistake is not to be lightly con-
sldered but such men as you. with your
home influences, your church associa-
tions, will have no doubt what you ougnt
to 90. You are TO say as TO thts woman,s
guilt or innocence. but 1t Will De duty
such as you have never done Delore.
Under the laws of this State the defend
ant is peomitted to testify on The stand Il
she desires, but if she does not the STAT
utes say no inference will be drawn as TO
her action and the District Attorney VIII
not insult this Court by referring TO
this In The slightest degree. The law
holds that it is too great strain TO put
on defendant to put him on Jne
stand in sucn cases. and you will not.
as you go to your room, depart from tnlS
understanding. You must leave out
rumors, reports, statements whlcn you
heard before the trial commenced. and
leave out every single thing winch MI.
Moody said he was going to prove unless
he did it: he has spoken for the Common
wealth, and the Commonwealth expects
him to do just what he said he was going
to do.
NOT PROVEN.
s.He said he would claim and prove
this defendant wes preparinge dangerous
weapon. He has not pfoved 1t. has ne?
And many Things offered in faith by HIM
have been stricken out by the court.
because they were not proper. The Com
mcnweaith came here Intending to do
these things but were uot allowed. They
were going to prove that this young lady
went out 80 ouy poison, but 1t was not
proved; it was not allowed, and l shall
exDect the District Attorney 10 get up
aud say 80 or shall be disappointed in
him; they were going TO show you the de-
fendant had contradicted herself. but tds
Court said this was not proper; now you
are going to say, L rather think
Messrk. Knnwlson and Moody uonld net
have 5ffers! this IL tnsY had ao5 pEeef,'
out this won't dc; decide sAls case from
the pvfdelcs on she witnsss stana, and
nothing else, 30 you viii lea7s thoss
things out; no poison. no tnstruEeat pre-
pared; no statement made under oath
BY her that YOU know Aaythiag about
I don't care what you have read. My in
tention is not to dlstorb facts, but to find
out just how we stand; things that are
not in dispute will not touch, and l trust
lire of proof or deal unjustly with the
Commonwealth SO dear to US all.
EVIDENCE ANALYZED.
"Mr Borden went from his house down
town at Fall River on the day of the
TRAGEDY, did some business, and walked
TO his house, arriving there about 10.45,
as the defendant says; the alarm of
The murders reached the police
shout Ills, aud swithin that time Mr..
Borden was murdered. We have learned
what he did in the house, so that we can
say that ne was murdered between ten
fifty-fiye and eleven ten o'clock. Mrs
Borden had died earlier; on the testimony
OF the physicians they put it an hour
or one and one-half hours earlier
than hos cO oho woulI aapp1 N hava oiad
before ten flf cen. There are the tragedies.
within that short space of time they
were committed. and it is for us TO see
whether the defendant or she and ac-
completes did the deed. There sits the
defendant; in yonder city were the crimes,
crimes of The foulest and darkest kind:
she comes here under the presumption of
innocence, and you must bind her
to lhe axe before you can change
this; the chain of direct proof
onlv can show you that she is
tied up to the thing. If person COM
nlits murder and we know it. we have
no occasion to inquire into it; if he did
ii, IL makes no difference whether he had
motive or not; he may have done it out
of pure deviltry or insanity, but if it is
proved, that is all there IS of
it, Now, why is the Common
wealth bound to prove motive? Be-
cause, in oruer to hold her responsible,
we have got TO DlD0 h6r To IL, TO snow Il
reason why she should do it, and that is
the motive; and the motive is only to be
inquired into co help you out on the cir
cumstances.
NO DIRECT EVIDENCE.
1.-THE Government says Miss Borden has
some acis TO explain, and that is where
the motive comes in. There is absolutely
no direct evidence against her; nobody
saw, heard or experienced anything to con-
meet her with the tragedy: no knowledge
or use OF any instrument has been shown
and it is not shown that she ever touched
one, knew Of one or bought one; in fact,
the testimony is that she did not know
where such things were in the house
And the murders told no tale through her;
not spot OH her from her dress to
her hair; yes, there was, one on the white
shirt, one as big as the head of pin,and
that's every SPOT of blood that was found
on her clothing, and that was on the back
OF her skirt, although The government
may say she turned her skirt around be-.
fore she commenced. But nobody claims
now that the fly speck tells any tale.
Then there was some talk about roll
of burned paper; that was found by Mr..
Harrington and there were some dark
lnsinualions floating around that Dr.
Bowen knew something about it. We
thought that the Government was going
to claim that the halchet handle was in
that paper and that the wood had all
burned out aud left the envelope, and we
worried about this until Mullaly and
Fleet got here together; now we know
the orphan handle is still flying In the
air; for heavens sake get the l25 police