Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-06-19
An Appeal to the intelligence of the
Jurors.
L RI c K Z RY AIMED.
Scenes in the Court Room During
the Argument.
THE RUSH FOR ADMISSION,
The Prisoner Much Affected by Kind
Reference to Herself

New BEDFORD, MASS, June ls-The day Of
the arguments in the Borden case brought out
terrific jam at the court house, and over an
hour before tine time Of the opening the doors
were besieged by people, mostly ladies in holi-
day attire, all hoping to get seats. But there
were too few seats for the accommodation OF .
tenth part OF the claimants and there was much
grumbling in consequence.
When the court was ready for opening there
were many ladies standing in the aisles. but
they wero quickly ushered to the ante rooms
and corridors and obliged to sniff the battle
from afar. The bar Enclosure was packed with
legal lights
The jury took their seats at SIS. looking
quite refreshed after two days rest. and q few
minutes later Miss Borden came in. bunch Of
pinks in her hand and a contented smile on hen
face.
ARGUMENT FOR TIE DEFENSE.
Almost Immediately Gov. Robinson began his
| argument He said:
May II please your honors, Nh. Foreman
and Gentlemen: One Of the most dastsrdly and
diabolical crimes ever committed in Massachu-
setts was perpetrsted in August 1892, in Fall
River. The enormity Of il startled everybody
every man feels that wrong should be riehted
and the wicked brought to justice Here was
crime with all its horrors, and who could have
done such an act? asks everybody.
.'In the quiet of home in that broad day
light on the streets of populous city, who
could have done it. Inspection showed thai
Mrs. Borden had been slain by the use of some
sharp instrument. and below stairs was Mr.
Borden's mutilated bsdy. The terrors Of thoss
| scenes no language can portray, and we are
challenged at the outset TO find who was equal
to that enormity; whose whole heart is black
| ened with crime-a maniac. not q man Of senses
and heart lunatic devil.
They were well-directed blows which caused
those deaths, not directed by - blunder, none
gong amiss.
''surely we can say at the outset that this wss
not the careless, unframed doing Of one un-
| familiar with such work.
Now, suspicion begins to fall here and every>
| where. They surround this and that one and
follow out clues everywhere. No decent man
complains Of investigation and everything
which ought to be done, but we say everything
was not done and the proper methods were noe
taken"
Tracing the course Of all suspected persons
from the preliminary hearing 20 this trial the
speaker said that in ali those proceedings the
prisoner had no voice.
"The government said if we can't prove 70
against her she shall 60 free, but n was one
sided, and you are to draw no inference what-
ever from the proceedings Of the preliminary
hearing We would not be safe if in these great
crimes our lives hung on the words Of Q single
man.
I'VE come here to seek freedom and right
/ through you gentlemen. As yoa begin to con-
\ template this crime you must say such acts
are characteristically and morally impossible
| for this young woman. 1t Is a wreck Of human
| morals to say 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 well-earned
fame at the bar he has 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 il is and il was
brought me by the police of Fell River He IN
not here for blood neither is he helped for that
purpose 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"
KIND TREATMENT OF THE PRISONER
Here the speaker referred to the kind manner
in which the sheriff had used Miss Borden, and
said: .'She came into this court presided over
by our ablest justices, who want for the COM
monwealth the case tried fairly. and now you
are only to draw out The facts.
~ said the case was brought here blythe Fall
River police. haven't time to go into sarcasm
and denunciations. The blue coats and brass
buttons cover up what is inside: the officer IN
always magnifyiRg this and minimizing that
and looking for the one who committed the
deed upon which they are at work. The wit
ness stand brings out their weakness when they
knock their own heads together, but after all
they show themselves to be only men r1th
mans weaknesses. So i say TO you this defend
ant comes before you perfectly satisfied that
the jury is the most refreshing aspect that the
ewes of human beings ever feasted upon. You
men. Bristol county men. with hearts,
heads, souls and right minds. and you come
here in obedience TO the laws, because in answer
to their demands you must render this great
service; you are loyal to the state and TO COM
mon humanity. Bring your hearts, your homes
and your intellect here and let us talk to you -
men.
Lizzie A. Borden has been in your charge
from the day opened this case, and now
to speak for her and the justices 10 speak, but
you twelve men take her in charge.
''She 10 not the property Of anybody. but
free. intelligent. innocent woman, IN your
charge. This woman has never been alone In
this court room, but has been watched over
carefully. You, in irving this woman for life,
are bound TO say: Il will critically consider this
question, and VIII make no mistake For il
YOU do no power on earth can right it. The
man want to see in the Jury box is he who SAYS,
a. you have said. that he has read and had opin-
ions, but you are capable Of using common
sense. The man don't like to is the one
who is like a piece of putty to take the impress
sion of the last one who comes in contact with
him. Every man OF you 10 man enough TO say
when some one presents an idea in your Jury
room that is not in the case to say SO. il is not
your business TO unravel the mystery. but SIM
ply to say, is this woman guilty. That's all,
and though the real criminal shall never be
found, better that than you should find q wrong
verdict Not who did il, how could il have
been done, but did she do il? You must NOT
think for moment that this defendant 10 sss
for the finding out of who did it. She is not
detective and she has been in jail for nine
months under constant surveillance since the
very day almost of the murder.
Don't ask her to do impossible things, 20 do
what she can't do; the commonwealth does not
want any victims. In olden DAYS sacrifices
were offered, but in these GAYS we don't even
burn witches in Massachusetts. i ask you only
be true to yourselves.
''There always goes with any person the pre-
sumption OF innocence of crime; that is our
bulwark, and il started with her from the day
she taken in charge and it never leaves her
until that presumption If overcome and she m
declared guilty. Bear in mind that that pre-
sumption is always in the scale and the scale 10
always tipped in. the prisoners favor until
tipped the other way. The court VIII explain
the evidence but will not and there Is no need
for me 10 go into il fully, because Il deem n
unnecessary. If Won are asked to analyze any
evidence look TO see if il fits and whether the
chain of circumstantial evidence Is complete
ind. aoxnf-