The times. [volume] (Richmond, Va.) 1890-1903, 1893-06-16
DEFENSE CHARGE
LIZZIE BORDEN,s COUNSEL SNOW
ING THEIR SIDE or THE CASE.
Mr. Jennings Makes n Long statement
Giving an Idea What They Propose 10
Prove-A New Hatchet Found.

Borden trial. Miss Borden was over
whelmed with floral offerings this morn
ing and appeared in excellent spirits. de-
| spite the seeming disheartening signih-
cance Of yesterdays proceedings.
Several witnesses were called to show
an attempted purchase Of prussic acid
| After consultation. the justices at lO'zO
announced that the preliminary evidence
did not come up to proffer. and excluded
the evidence of an attempted purchase
Of prussic acid After the Introduction OF
the exhibits at 1925 the Commonwealth
rested its case and recess was taken.
There was another contest between
counsel and the court at the conclusion
Of which Governor Robinson asked Tor
ten minutes i'm which to arrange matters
for the opening Of the defense. II being
understood that the prosecution would
take more time than il did to-day.
At 1870 the jury filed into their places
again. Counsel for the defense were all
ready 10 begin the presentation Of their
side Of the case and Mr.. Jennings became
their spokesman He said;
The person who was arrested for doins
the deed was the youngest daughter Of
one OF the victims. Up to that time
she was Of spotless character and repu-
tation: who had moved I'm and out of
that house for twenty-one years with
her mother and father and sister We
shall show you that this young woman
had led n spotless life, interested In
religious and charitable work, and yet
for some reason the government seemed
10 have fastened the crime upon her.
There is always an Outcry for some
body 10 be punished for such a crime.
!. \
innocent. our law, and IL is the one
which you have sworn 10 apply 10 this
case, presumes every person TO be In
nocent until proved 10 be guilty. The
law is for the protection OF the living.
The law OF Massachusetts, to-day draws
about the person OF everybody the circle
of innocence until the contrary Is proven.
/ say this is n mysterious case, and
every thinking man must say ;he same,
but you are not here 10 say how il was
committed. but 10 say by whom. You
are simply 10 answer to this defendant.
TO say you are satisfied beyond a reason
able doubt that she is guilty or innocent,
and a reasonable doubt IS a doubt for
which you can furnish a good reason.
There are two kinds Of evidence. direct
and circumstantial The first Is the
testimony Of persons who have seen and
heard and felt: circumstantlal evidence
is entirely different. I want 10 say that
there IS not one particle OF direct evidence
offered 10 connect her with the crime;
IL is wholly and absolutely circumstan-
tlal We know OF course, that almost
everything occurs under natural laws;
i'm circumstantial evidence Fl IS simply an
opinion from you. an inference on your
part. in certain cases such evidence
may be as sure as direct, but there IS
no class Of evidence known that under
certain circumstances Is as dangerous
as evidence Of this nature.
You will find that a motive. as one OF
the links In the chain Of circustantial
evidence. becomes OF tremendous impor-
tance. The Governments ch IN Is that
whoever killed one killed the other. and
where they have assumed TO show mo-
tive for the killing Of her step-mother'
there is none for the killing of her own
father. In measuring the motive you have
got 10 apply It on On 3 case as between
this girl and her own father.
The blood which was shown on the
axes has disappeared. the claw-headed
hatchet has disappeared from the case,
and II did not disappear until after Pro-
fessor Wood had said on that most glori-
Gus morning in Fall River that there
could not have been blood on 1t to have
been washed so quickly.
The attempt has been made here 10
surround this house so completely as 10
shut II in but you have seen II hnd nave
heard the evidence on that matter. And
there has not been a living soul In all
these witnesses to testify that ne saw
Andrew J. Borden go down 10 the bank
from this house. he was actually inVisi-
BILE. We shall show you there were others
about that house; we shall show you that
Nadlev's cake walk in the barn existed
i'm his own Imagination, and that people
were I'm that barn and all over IL before
he went there; we shall show you thal
Lizzie was I'm the barn just as she sAln
she was. We will show you thls uresS
was s0iled with paint, gotten on carry III
Nav: that IL was burned there IN pio"u
daylight with window and doors o1,u'
officers and other witnesses ahout' we
ebau show YOU that she had on the very
dress she says she had on, the one / sdFe
10 the officer myself. We shall ask you
20 see in view Of the presumption Of inno-
cence. what the law says you snail con
sider-that no blood was found upon her
ana 10 consider the relations between
father and daughter ,-,
The prisoner sat with her race Durl,u
I'm her handkerchief during her couhSe'
plea. .4,t.oo
and Martha ChagnOn was called 10 'Ho
stand She testified that at il o ocloch
an the night before the murder sne
ba,rd a noise like the pounding on W"Du
4, the direction Of the Borden fence IL
continued for five minutes. rms WI
naes' stepmother confirmed her testimony
rohn w. Grouard testified that ne ne
nainted the Borden house on May Ae-'
and ne thought that the prisoner was III
tho vicinity OF the paint TUBS
The court excluded the evidence tnat
tho FAN before the murder Mrs. Durfee
-, an angry discussion between Mr.
porden and a stranger. Charles VI. Git-
"a and Trriah Kirby said that they saw
a man on the street steps near the
r,aano, house Al II O'Clock on the night
before the murder. III,
Marx Chase said he saw a man win
brown hat and black coat In buggy III
front OF the Borden house just oeiore
DR. BENJAMIN II. Hardy, Of Fan River
testified. / know where the Borden mouse
Is. | went by there on the morning OF
the murder at and 1870; | saw a
nedium-slzed young man, very pale IN
complexion. with his eyes fxed on the
sidewalk. passing slowly towards the
south. he was acting strangely In con
sequence OF his appearance ! turned IN
nv carriage to watch him as ne went
Nv. 7 had a faint idea that / had seen
rim before. This man was well dressed
IN light suit OF clothes L have tried
"a fins him since, but have been unable 10
a. so. have never seen him since.
-. .o.,a mined. The man was acting