New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-06-13

some o ID niS nnder surveillance was never free,
and was arrested two hours later on ,i hcn dnv de-
10 pefore defendant testified n had Deci uuy W.
,ermined"hv complaint made and warrant iSsned-
that defendant had coGnnlttea ,hc d"oth said in
the two persons. the ciuI'' VI ~
quest was held 10 ascertain
THE DEFENDANTS RIGHTS VIOLATED
Tho Governor held that the DisrictMtorncys
proceedings rs set forth in these points, were
poIpobe violation Of the defendants rights Mr'
Moody had sold that the English cases were not
pertinent because when they were written .'od
What difference that made since our statutes HLy
that 70 inference shall be drawn against her II S'
eNoo w. hear he said the Contribution Of Massa,
chse,t read and it passes finly over na oo, that
venerable instrument to-day. ard shc reads In ~;
the lin Of rights, that no psrS%n snn De T%. was
10 furnish evidence against himself: Ina, VIZ W.
written when Massachusetts was born ihlt VIZ, ,m
instc the hour that has he.n 'h wn snr me o Com "
stiiution OF The United States was drawn 1t ran u, III
similar phrase us rcint mo S nrnnSt
himself, The shield, Of the state and the Na''o"
are her protection IN tbs hour ., ,,c v,ious cases
cited by Mr. Moody. Governor Robinson showcl, now
they all failed the Prosecution In c ni hr sSd lad
not been at the time his evidence was gwen PRO, pro
ccccd against In any way wnmcrer am nbrr mais
irate before whom his testimony was tahcn' rs I"
his constitutional ,ehlsi;o ,,ov want This woman for
at tina, inqucsi To determine that ici"n r,,
homicide had been committed NO. TO find out Wnat
To see what facts they could wiring ont Of her When
you reached this point in judicial nveotga'lon anu
determined that a foloious homicide had been com
mittcd, then her rights lccomc most sa,ru;, ,ah
police had gone to that noi,c "t and II nvr.ic
her to cxtort something from her which woul s'rn
their purpose and seem determined 10 100 m'p I'm I'M In
ouos Is held before II Is determined whether ',n,
has been committed or not or any person mas nav he
accused. then any statement by any witness may W.
admitted AGAINST him nt GgaqE 'n nS H H't rrim
As II they were made before committing magistrate
think we've found ont now what the law Is j" NV
Inc Governor closed with brilliant plea for The
yindicaton OF what he claimed 10 be- the pri'oncrs
rights. The state no sad. asserted danGcfons
privilege Whenever II undertook no matter what the
circumstances. to defendant evidence against
him Lzzc roscn was plainly dCc@ycd Int n,H Of PI h
District Attorney she wa. HI, yc'im. ,ma, wa WV"
wholly his tide. and he he'd her here. , N"h'
was by defend her. - warn her Of her rehS'
none 10 tell her that she need not answer IN, !n'
competency and sole judge Of the suh'Icncy OF i''
replies and at that moment and for days Heretofore.
while this policeman watched her necessarily. mat
one stood by with an order OF arrest IA IA, poch't,
particular moment when the District Attorney and
his spies having frightened and twisted and 'pcr@,u
bis hour Of her highest peril should give thcm the
word. This was Il lawe'' ana wrongful p'o'
ccdure.
TIlE 1KO LII HUN - NNN"i's'
Mr.. Moody replied briefly. lie denied that the
District Attorney was aware that any warrant hau
been issued. except the warrant upon which Shc
was arrested II was the plain duty OF the 'Ouf'
to INQUIRE what caused the deaths. AZ the time oil
the death OF Of the persons. only two persons.
80 far as In 1wn were present In the house, anu
nj the time Of the death II the other only one ptrsGh
was I'm The hone i II 10 be supposed that Lizzie
To,icn was 10 lie exempt from inquiry She was
summoned. and She asked for counsel Ia BE- present
NJ The inquest. II was declined "a almost an nm
broken line Of precedent has established ana rs ne LEW
give, power She was not cauii ned but was allowed
10 sec her counsel in regard To testifyng She could
only be excused from tcsfying on u" singl" elhu
of eliminating herself. she did not avail h'r,HI "'
his and who can doubt that she Voluntarily an
swcrcd WHY cannot it be ASSUMED NAT iho,e Mi,'
had the inquest in charge thought the defendant coau
clear herself from suspicion. Instead 81 Increasing
II has been said that she WAS constantly uld'r "ath
that officers on The watch In and about "a"
LoI,.e all the time. 30 were her lister and Bridget
sullivan and John V. Morse and the police were only
doing their duty I'm keeping up this guard. The Law
for the arrest Of mi, defendant when 81" trsti'd
but If She not aware II II. how can that be- sara
to be bar 10 her tesilfyng willingly
A CHANGE IN LOCAL FEEIING.
With this rcjolndcr The discussion ended, and the
Judges announced that they would retire for consra
ton. They were gone quite an hour. the interval
being occupied hy tie audience ia whispered con
TO tho probable decision. This IS good place To SAY
that och sentiment has und"rs"n" n"'l'i'i ol"fn
since the trial began. and that H. change ), wholly
iut perhaps ia mono more than Ia her o"n d"ni'an"r
and general conduct 1t Is due I'm lars" part To IN"
fact mat The police witnesses shaved considerable
degree of feeling against her. and IN Ma''a' iS'tt.
n, ever, where else. there Is view that policemen
ought 10 get TO their facts FIRST, ana com" l" ll'lr
theories uitorwnrd IL Is cue also 10 The gradual
weakening Of TIE states case under cro'a-'NAi"h'
Lizzie rordcn and her lawyers were busy Will, III"
sp ,o n.trnc,ing The LAWYERS as 10 what the photo
graph, revealed. The wisdom She dispIAy,l IN h 'r
practical suggestions has proved oi gctt VAIN" ID h'r
sci. They describe Ter HS "a til'Hi b'N '''
depend upon. whose facts are alwa>S ACCURATE ana
whose promptinss always 'aeaclOus.
TIL COURT RULES OUT TIE TESTIMONY
The courtroom was rs SIN as death when tho
Judges entered. They took their seats slowly ana
solrnnly behind the bench. aud the 'hli Jusl'''
addressing himself by continued slanccs chiefly 70
the Distr1cAttorney, read from paper tie following
decision: -,. -, A.,
The propricty Of examining the prisoner nj the
inquest and Of all that occurred In connection ther
with Is entirely distinct from TIE question "i me hi
mi siblllty Of her statements IN that examination.
| IL is with the latter question That This couit ha,
| TO deal. The common law regards this species OF
EVIDENCE With dlsrusi. The statement, by one nc
cuscd Of crime are admissible against him only whh
e. /, aiirmatively established that they were v"nn-
| torly made II has been held that ia" statements
Of tie accused witness under oath ~ Inc inquest
before he had been arrested or charged with III" CRIME
given I'm this connection may be- voluntary ANA al
Missile against him nj his subsequent trial ana me
mere fact that AT III. time 81 If, testimony az thc
,nn,o1, ho was aware that he was suspected ~
| The crime does not make them Otherwise, but We
oro of Tho opnon both upon principle ana authority,
1bo, u the accused was at the time Of sueh testimony
nder arrest charged with the crime In question: the
,,mon,s he made are NOT voluntary and are mad
n',s,,hI. NJ inc fine. The common law regards sub
st,nco more than form The principle involved cannot
ho cyadot hy evadipg the form Of arrest. II IN" Wit
| noes NJ Tho time such TESTIMONY T. given l. prac
ideally In custody. From the agreed iacis ana th'
| fnrts otherwise In evidence. II Is plain mat Inc
nrisonor a the time of her testimony nj the Inquest
was ~ far rs related Ia this question. rs cncciaIy
in custody MS II the formal prcccp had been served
AID without dIlaiinC on either circumstance. "" nrc
ali NJ The uuinion that this consideration Is decisive
| and the evidence Is excluded
| OVERCOME DY THE GOOD NEW
| The District. Attorney was disappointed. Tho an
| dcncc In the courtroom was satisfied. lllzie b"r
den's attorneys glanced nj one another and smiled
deligh'cdly and they turned did every one else t6
| ,bo nrtsoucr she had looked the chief JuSc
sunarelv I'm the eyes he began % read. and II his
| words had indicated decision against her sn" wonio
| prol,Jv have shown none other than that bold aud
steady front which She has displayed throughout The