The sun., 1893-06-13

tho decision uf the lawyers ana with woman
hood there must lio nt least q modicum OF til
arts and ways h'fcnihinity
seldom oan any person have seen quito sucl
another woman aa this prisoner Her facc &
putt of tho time like that OF q craven lmaEe
AMI ut other timea II is rs respsnsiyo to ont
Son as aG o {" Of In ,he "rtG .at
has heen seen 10 wenp out once, and that wa
TODAY. Her 'ather never even once gnvt
relief to his sorruw or 10Y Ia tears. She hai
laughed many times thus fnl in court. Mr.
lo6inson made her laugh more thnn once To-
acs Sn Shs shs 81 sea H or aehS t IS
bright and sensitive countennncr. tut hei
OF @a h4ssT sEe GrS
all traces OF what stirred her, nnd her faco be-
comes once again duh and heavy mask,
Goyernment's ghastly troriies was the ap.
Icarance on lhe witness, slanl Of Dr. Dolnn
OF the skulls ci tho dead couple, performer oil
tho autopsy. ,measurer OF tho blood. spots IN
Of ThH m .o ns 90 tG
IN private life may be a pleasant man for n
lady.s tea party but on ihe witness stand he
lands history,
drawnl Of the Jurors and The hearing Of. tho
arguments on the admissibity OF Miss nor-
dem testimony at tho inquest. The argument
took practically all the morning. Mr. Moody.
District Attorney for Issox. argued for ti.e
admission OF the testimony. md cx-uov Roh-
tnson argued against It Tor Miss Borden. Mr.
Moody argued: GOV ltobinson made speech.
BY permission OF tho Court Miss Borden left
the room while the arguments were mndo and
won't down stairs and sat In n room BY herself
After quoting or citing one case niter an
other. mainly causes tried In other states. Mr..
k"It becomes evident that what a person
says at the inluest becomes competent u that
p He repeated this in this form: " On un in
'Suirr as to tho death OF "A person. H. ono who
der susrision and rcs"ods to I'll, Tie cali cal Of Of tho tho
state and Voluntarily gives testimony. what
lehe has said at the inquiry is admissible
edGJfof your Honors and Of the counsel Tor the
Prosecution that hardly term of this court
passes without the admission Of precisely this
lind Of testimony which is sought to be intro
He, told Of woman charged with burning n
ihS il,s ,hSaest air; Moody reminded tne
a. I were aamitsd the deiencS % eco Could Mdesp ap.
When ho concluded. Nir. Robinson smoke for
the prisoner, Your Honors arc to inquire II
Sa RsS Of the sM If h%H n esn
rightly taken. This court is not to tnko
reh9ucea. We stand to-day on tho right Of this
variations have been. Whatever has been
done 1t shall have no effect unless It receive.
fhe 3; S sanction @ OF the highest judicial tribunal
The ex-governor produced several copies
IN typewriting Of points he had joited down
He received perm!ssionio hand thes" copies
to the Judges and the LAWYERS for the Com
Ran Used The f rst Point ms n
sha list was that the medical examiner is
have been held Second. Miss Border Borden ties testl.
fed on Ang,o. 10, and II. From the second
SsIIse ths line oSsSfi"'%a untl t%@ soneu co ius
surrounded by he police. there was no time. |
day or night. when the eye Of the police was |
far as any eject ON on the de deiendnnt s was " con
cerned she knew the poll q were around her
and she was under uninterrupted surveillance.
quest for Counsel. This e was denied. rue and d no no
counsel was allowed to her. She stood alone. a
confronted by the District Attorney, watched
By the City Marshal. and at all lines sur
Forhdea phS aaSt by the non EnGe by ,hs .,ro,
earnest ex-Goyernor was that Miss borden
~as T pot proper cautioned.
and the warrant for her arrest was issued
bhss snd"'e ;b was ned ey the Masha when
any one say she had not lot he been ,n'Tput; ppocecdeI
againstf She had not beer formally arrested.
nay. !h but TIE g., ,Commonweal,h had inserted its
any moment to make her his prisoner We must
), ssume In common ON sense that that was at the
u random that that WAS cone Some one in
authority asked it. -, She was. In fact. u pris-
On snshsr wnTrs Tnsn LATER Ss, sS
lone in order to ray she was arrested suisse
i,bnt asnt e e., her tefti,mong 80 that psrhaps
.nnenr., TO deprive this defendant OF the rights
snnranteed 10 nor by til. laws.
She was u woman. she couldn't run, with
ne hand ever on her shoulder.under those cir
unstancos she was taSen 10 the inquest 10
mo was hound ito tell her that she had
my rights Mt all. she stood alone. a do;e encs-
om. God save tho Commonwealth Of Massa-
huseits anything that is done ry woman
ompulsory must hereafter be known as VOL
lntary.
The crimes had been committed. and
;nowledge Of the fact was in the possession
I tho law That inquiry was only used to
1t9rt from this woman something to be used
g!slipst st het her in in he her M trial A., 60.
ontinued, that Mt tile time she was tx.
minsa ne d, she had te.n formally charged with
in order TO find who al done the
esd. for the GovernTent had al!cady sworn
they the ha it aWsy and 81 sad s"dTtf To TINT T
bat rerhaps they could get something out
her before they served It Then they
,ould consider per testimony ms previous 10
III that It is R the 80 d.isnIans 1s who i"Sts
peak ing TO you out Of her knowled.:e o. her
spetdieftee s5d zee IN hail aiyer and oaf 4 jealous
orn '"e was
" 1t makes no difference that our statutes
" defendant so placed may testify II he or
ne so desires. for thry say. further, that mo-
Ifereuce Is To he drawn against her from ths
ct that be or she refuses 10 testify. We hear
10 constitution of Massachusetts read AMI it
asses glibly over tho tongue. and in and ont.
Id that until some one plants his feet upon ,
and fails to recognize its declarations |
iss Borden stands on that ancient document
day 1t says that no person shall be forced !
testify against herself. 1t was written ]
hen Massachusetts was born. 1t was the in. (
lnct Of that hour. 1t has been the hulwnrk
our liberties ever since. When tho tunsti-
tion OF the United States was drawn It said
simple phrase: No person shall ie COM ]
lied In any criminal cause to Le u witness $
ainst himself. The shield of tho state and
2 shied q the nation are her protection in +
Is hour" /
Leaving his notes and turning to the con sid z
alton Of the precedents offered 10y the Com |
on wealth. the Ex-Governor said a nun her Of J
inRs which. taken at random. show the drift
his argument, the drift being all that there I
room to report here For instance. he said
at It was, true that the unserved warrant I
.s In the Marshal's pocket But thnt rock ct J
not belong to Marshsl fiiliard: it was tho I
cKet Of the Commonweal b. Il
Ihe commonwealth WAS bound TO say to s
voman In her position. We ask you nothing y
. CONT want to put YOU on the rack or fail 10 e
uuon you or exclude your counsel. Wa u