The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1893-06-20
APPEALS 70 THE JURY
Closing Arguments in the Great
Borden Murder Trial.
ROBINSON AGAINST KEowLToN.

! tho District Attorney Points to the Same
Chain in . Plea for Justice.
NEW BEDFORD, Mass, June eO-The
day ofthe arguments in the Borden case
brought out terrific jam at the court
house. and over an honr before the time of
opening the doors were besieged by people,
mostly ladies in holiday attire, all hoping
for seats. But there were too few seats for
the accommodation of tenth part Of the
claimants. When the court was ready for
opening there were many ladies standing
in the aisles,. but they were quickly ush-
cred to the anteroorns and corridors.
As soon ns the jury had been seated ex-
Governor Robinson began his argument
for the prisoner. After referring atlength
to the atrocity OF the murders, Mr.. Robin
son proceeded:
"We come here to seek freedom and
right through you, gentlemen. As you
begin to contemplate this crime you must
cay such acts are physically and morally
impossible for this young woman. 1t is
wreck OF human morals to ay 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 we'll
earned fame at the bar he has no need to
search for fame, and he will be the last
man to attempt such. He stands above
such things and says, All have is the
case as 1t is and as it was brought me by
the police Of Fall River He is not here
for blood, neither is he helped for that pur-
pose by our friend from Essex county. So
you see no small play, no mean tactics, ON
the part OF the commonwealth, only
presentation Of what has been proved
here and only that.
II sad the case was brought here by the
FALL River police. have not time to 90
into sarcasm and denunciation; the blue
coat and brass buttons cover up what is
Inside; the officer is always magnifying
this and minimizing that, and looking for
the one who committed the deed upon
which they are at work.
'.The witness stands bring out their
weaknesses when they knock their own
heads together, but after all they show
themselves to be only men with human
weaknesses So say To you, this defend
ant comes before you perfectly satisfied
shat the jury is the most refreshing aspect
chat the eye of human beings ever feasted
upon.
..You are trying this woman for her life
nnd you are bound to say: i will carefully
consider this question and ] will make no
mistake for IL you do no power on earth
nan right it. The man ! want to see in
khn jury box is he who says, as YOU have
said, that he has rea and had opinions,
but you were capaoie of using common
sense. The man l don't like to sec is the
pno who is like piece of putty to take the
impression of the last one who comes in
pontact with him.
"Every man of you is man enough to
say, when some one presents an idea in
your jury room that is not in the case to
say so. 1t is not your business to unravel
tho mystery, but simply to say is this wo,
man guilty; that's ALL And though the
real criminal shall never be found, better
that you should err than that you should
find wrong verdict. Not who did it, how
Boald it have been done, but did she do 1t
The commonwealth does not want any
victims In olden days sacrifices were of
r kessd, but In these days we do not even
aJAarn witches in Massachusetts.
ssrhere always goes with any person the
resumption of innocence of crime; that is
your bulwark, and 1t started with herfrom
the day she was taken in charge. and il
uarer leaves her until that presumption is
overcome and she is declared guilty Beal
In mind that the presumption lis always il
the scale, and the scale is always tipped il
the prisoners favor until tippedrth othel
yray. The court will tell you the proot
must come up In your minds to mora
: certainty, not mathematical certainty
beyond n reasonable doubt.
ne nARHlItlNt Vi ~ ililsthht lS Hub u
be lightly considered, but such men a,
you, with your home Influences, you
church associations, win do, no doubt
what you ought TO do. You are to say a
70 this woman's guilt or innocence, but i
will be- duty such as you have never don
before.
.Undcr the laws of this state the defen
dRnt is permitted to testify on the stan,
II she desires, but if she does not, the stat
utes say no inference will be drawn rs t.
bsr action, and the district attorney vii
mot Insult this court by referring to this il
tho slightest degree. The law holds tina
ft is too great a strain to put on a defen
dmnt to put him on the stand in such cases
and You will not, as you go to your room
depart from this understanding.
"You must leave out rumors. reports
statements which you heard before tn
trial commenced and leave out every sir
de thing which Mr.. Moody sale he wa
going to prove unless he did 1t; he ha
6poken for the co nmonwealth, and tn
commonwealth eNpe It's him to do jus
what he said he was going to do. He sal
he would claim and prove this defendar
was preparing dangerous weapon. II
has not proved 1t, has hep They were e,
ing to prove that this young lady went OF
to buy poison, but it WAS not proved;
was not allowed, and I shall expsct the di
trict attorney to get mp and say so or
shall be disappointed in him; they were e.
ing to show YOU the defendant had contri
dicted herself, but tho court said this wa
not proper. Now you are not going to sa,
Il rather think that Messrs. Knowito
and Moody would not have offered this
they had no proof But this won't IL
decide this case on the evidence on the wi
ness stand and nothing else You wi
leave those things out; no poison, no il
strumant prepared, no statement mado u
, der oath by her that you know anythin
about
Mr.. Robinson then described the even
connected with the crime as shown in I'll
: evidence. Lizzie varying statements thi
she was in the yard and barn were reco
! oilable. The testimony Of three ms
proved that Rubinsky saw the defendal
coming to the house from the barn, al
therefore her statement of her whereabou
at the time of the murders was true, Ii
kie's laughter on the stairs was immateri
unless guilty was assumed. The ring buri,
with Mr.. Borden shows her affection f
him. The custom of locking doors was N
TO lock daughters from the parent, but
protection.
Had the defendant committed the Grim
she would not have given an alarm
soon. The defendants emotion at the d
coyery of the crime was not assume
Family sickness, defendants conduct
fore the MURDERS and her visit to the ce
lar afterward were no evidence Of a gull
mind.
The burning of the old things was a Gu
tom in many households. and the burnir
Sf the Bedford cord dress was thus e
piained. The Bedford cord dress hung Il
Sunday morning In the closet which ii
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