The Providence news. (Providence [R.I.]) 1891-1906, 1893-06-16
LIZZIE BoRpEN,s CHANCES.

The completion of the governments
case against Lizzie Borden makes it pos.
sible to estimate the chances for her
conviction, as it is safe to assume that
the defense will not augment them, IL 1t
materially changes them.
Speaking broadly, it may be said that
the government has failed in several i'm
portant particulars to sustain the theo-
ries and the declarations advanced by
Prosecutor Moody In his opening ad-
dress.
The chief reliance OF the prosecution
| was placed upon the theory of "exclu :
sive opportunity" that no other than
Lizzie Borden could possibly have com :
mitted the crime she is charged with
and escape detection. This theory has
been riddled by the testimony of the
governments own witnesses until it
presents such tattered and dishelved
appearance as to be almost disreputa :
bic. 1t has not been sustained in any
important particular. 1t is not neces :
sary to point out the defects in the evi :
dence brought forward to prove exclu-
sive opportunity. 1t simply did not
prove it. More: 1t disproved it.
Other affirmative evidence was weaker
than even Miss Borden's friends feared
and expected. 1t was decidedly weaker
than the opening address alleged
What strength there seems to be left In
it after the ordeal of cross examination
will doubtless be materially weakened
by the defense. 1t assuredly will il the
promises Of Counsel Jennings are full
filled.
1t is not to be denied that there are
strong points of circumstantial evidence
against Lizzie Borden. She made as
sertions that apparently cannot be sus-
tanned, unless indeed the defense has
some tremendous surprises in store.
The note that she said had
been sent to her stepmother has
not been found, nor the friend
who was alleged to have sent it,
1t has not been settled where Miss
Borden was when the murders We're
committed. 1t appears that she told
conflicting stories regarding that, and
it was pretty conclusively shown that
she was not in the barn, as she related.
We note that it Is assumed by some
newspapers that the prosecution has
shown that Miss Borden was up stairs
after the killing of Mrs. Borden, and
that she must necessarily have seen
the dead body. A more careful
reading Of the testim ony shows that
a person passing mp or down the
stairway need not have seen the muir
dered woman, rather that they would
have had to take some pains to have
seen her. AT least, 1t would have been
entirely possible to pass up or down
without noting anything extraordinary
or out of the usual.
The government failed to establish a
motive for the crime, failed to produce
the weapon with which it was commit
ted, failed to produce any blood-spat-
tered garments OF the accused or to
show that she had destroyed them,
failed to show that there was the slight
est blocd-stain upon her person or APP
parel-in short, failed to produce the
faintest scrap Of direct evidence that
the accused woman is guilty.
1t is not possible to predict what the
defense will prove. 1t may be able to
entirely remove such impressions of
guilt as some OF the governments tes-
timony produced, and it may by avoid.
ance strengthen those convictions. 1t
is fair to presume, from their general
reputation and their course during this
trial thus far, that the counsel for the
defense have not allowed themselves to
outline to the jury more than they can
fully justify by credible testimony.
The trial thus far has simply deep.
ened the awful mystery of the Borden
murder. Its conclusion may clear it
up. 1t may, but there appears to be but
the slightest ground to expect that il
will. After it is concluded will be time
enough to examine into the causes of
the failure to fathom the mystery by the
Fall River police and the Massachusetts
state auth orities-if Lizzie Borden Is
not acquitted.