The Indianapolis journal., 1893-06-13
EXCLUDED BY THE JUSTICES
Lizzie Borden's Testimony at the In.
quest Will Not Be Used Against Her.
Testimony of DIR. Dolan, Who Said Mrs. Border
Was Killed First. and That Woman
Might Have Inflicted the Fatal Blows.

New BEDFORD, Mass, June l2-Tbs
court room where the Borden murder trial
10 being held Was again crowded this morn
ing, one half of the people present being
women. A few minutes before court opened
counsel on both sides were summoned into
the private room of the presiding justices
for consultation. Miss Borden came into
court at $50 and took her seat within the
baz looking somewhet haGgard and in
swer to an inquiry from Governor Robin
son as to her rest last night. her words and
manner Indicated that she did not pass
pleasant night. The consultation lasted
twenty minutes. After court was open
and the jury polled, the officers were di.
rected TO retire the jury until they were
sent for. pending the arguments 20 follow
Mr.. Moody then addressed the court say
ing he understood the discussion now TO
be opened was that of the admissibility OF
the defendants declarations at the inquest
when under suspicion before her arrest
Mr. Moody spent three quarters of an hour
intaining the admissibility on authority,
principle and practice. allowing the rule TO
be that testimony Is admissible if volun-
tary and arguing that the defendants con.
ness OF guilt. would be admissible even IL
the defense should claim that q confession
would not be. During the arguments the
prisoner was affected with sudden indis.
position and was led from the room by the
sheriff.
AT the conclusion of Mr. Moody's address
Ex-Governor Robinson argued eloquently
| that the facts showed that the defendants
| declarations were not voluntary. Then he
discussed the authorities. which, he
claimed admitted the testimony only
when facts were different from those here.
Ex-Governor Robinson closed bis argument
by stating the doctrine that the prieoner
cannot be compelled TO testify against
herself. Mr.. Moody. at IL o'clock. replied
| for the state. claiming that the facts
| showed the testimony voluntary and corre-
| spending with those in cases where similar
| testimony was admitted.
When Mr. Moody had concluded bis adj
| dress the justices withdrew tor consulta-
| tioD. The prisoner Was then brought back
| to the court room. and talked earnestly
with Ex-Governor Robinson while await
| ing the justices return. She appeared more
| animated than at any time before during
| the trial. Tho court recopvened at l2:3o
and delivered decision excluding the tes-
| timOny. The prisoner was visibly affected
| by the courts decision excluding her testi-
mony at the inquest. and remained some
| minutes with her face covered with her
fan.
The Jury returned, and at l242 DIR. Albers
O
| examination OF the bodies on the afternoon
| OF the murder. In his opinion Mrs. Borden
died first.
Patrolman Joseph Hyde was then called.
| and described seeing tie prisoner. with
| Miss Russell. go down cellar with pail TO
| the water closet and sink at $40 on the
night after the murder. The prisoner made
| second visit to the cellar alone few
| minutes later. On cross-examinstion he
said they had light. but Miss Russell
| looked nervous.
After a recess the Fall River city records
| were read 10 show the marriage of Mr.. and
| Mrs. Borden. and the age of prisoner.
| Medical Examiner Dolan was then
| called. DIR. Dolsn identified the carpet
taken from the floor under Mr.. Borden's
head. described the condition of the blooc
| found with each body, that of Mr.. Borden
| being warm and dripping. and that OF Mrs.
Borden coaguIated. Witness examined
| the milk used by the Bordens, Aug. and
| 4. and identified the hatchets shown him
| the position OF both bodies when found. and
the condition of the rooms where found.
| The blue dress that has figured In the case
| before was brought into court DIR. Dolan
the blue dress and waist and ths
white skirt. On the white one was
one spot of blood. spot about
the size of a pins head. A cast of Mr. Bor.
| the Doctor so that he might explain how
| the wounds were located. One OF the
| wounds was four inches long. another was
| half an inch longer than thar. Miss Bor-
| den, when the cast of her fathers head was
brought in covered her eyes with her fan.
She did not remove it even when addressed
by lawyer Adams. The Doctor TOOK one Of
| the hatchets. ana. with Its blade against
the cast. illustrated how the hatchet had
| struck the old mans skull.
I'm your opinion, could the wounds You
| found upon the head of Mrs. Borden have
been inflicted by q woman of ordinary
| strength" the Doctor was asked.
l. Yes" was the reply.
How long. In your opinion, was Mrs.
| Borden dead before Mr.. BordenF'
About an hour and q half or two hours"
| At this point court adjourned until to-
| morrow.
How Miss Borden Conducts Her Fight
| New Bedford Letter In New York Tribune.
Lizzie Borden is fighting, lighting
dauntlessly. fighting desperately. She is
| taking no chances and losing no advantage.
| She, personally. Lizzie Borden. the accused
woman. is no small part of the force en-
gagged in this strange conflict. Her percep-
| tions are keen, her store of resources rich
and readily drawn upon. She sees the sig.
| nificance of every word that falls from the
witnesses lips. She sees how accusation
] can be denied and insinuation blunted.
| When the police officers brag of the thor
| oughness of the search they made. she pours
| In promptings upon her counsel, and COM
| pels the witnesses to say that they did NOS
see this. did not see that and gave no heed
| TO the other. When they tell of their con-
vereations with her on the afternoon OF
! the murder and on the several days that
| followed. and when they repeat someth ing
that seems suggestive OF guilt sbe whispers
| into her lawyers ear. and be at once wants
| to know If she did not also say sometb hing
else as plainly indicative CT innocence.
| Lizzie Borden Is not q coward. and she
| docs not look like a devil. she has more
than ordinary self-command. wbstever
| that may signify. All her faculties and all
| her strength are being employed TO rescue
| her from the awful tate impending Sha
| seems TO be conscious OF nothing out the
| peril she is in and she stands before il. not
| weakly nor doubtfully. but facing wher-
| ever il most hardly threatens. and NOS
| often facing In vain.
All the women hereabouts seem 20 have
| made up their minds that Lizzie Borden 10
| guilty. They don't think she cries enough.
| One or two have softened a little since she
tainted in court the other day. and perhaps
| if she would faint regularly or sob and sis b
at frequent intervals during the day in.
stead of occupying herself in suggesting "a
! her counsel facts that go to prove
her innocence, she might receive from
| some OF her sex. az least. some
kindly glances They troop INTO the
| courtroom. scores of them and stare
at her and point at her. and say how hard