Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1893-06-22

thus lar IN eVlleuce, lnCluulnE pans, PFC
lures, skulls, dresses, hatchets. axes ctc.,
and here tho commonwealth rested its case.
Another consultation was held between
counsel and court and recess Of 10
minutes was granted to allow defense to ar
range for their opening. During the wait
Mrs. Fessenden OF Boston, the first woman
who he's spoken to tho prisoner in the court
room, came over to where Lizzie was sitting
and mad II five minutes talk with her. Lizzie
greeting the lady warmly.
Opening of Defencos Argumont.
AT 1880 the jury fled into their places
and Mr.. Jennings began the opening argu-
fnent for defence. He said he had bean n
personal friend OF the murdered Mr.. Bor-
den, having known him since boyhood. De-
fcnse would show that the young woman
charged with these terrible murders was up
to the time of hor arrest q person of spot
less character and reputation, interested in
religious and charitable work. There is al
wsys an outcry for somebody to be pun
ished for such n crime; but wo want the
guilty punished, not the innocent. Tho law
presumcs every man innocent until proven
guilty. (Prisoner sat with face buried in
her handkerchief during her counsel's plea.
After distinguishing circumstanSal from
direct evidence, and illustrating the dan
gerous character of circumstantal evidence,
no declared that every link in tho govern
mont's chain of eyidenc, must be proven be
yond reasonable doubt, including motive,
weapons, exclusive opportunity and intent.
Dstencs would show that the rela-
tions between father and daughter
which excluded motive for killing
him. and a motive to kill the mother
alone, would not be enough, for the gov
ornment claimed that the same person killed
both. lie claimed that the weapon had not
been connected with defendant; exclusive
opportunity would be negatived by showing
that there were people around ut the time
of tho murder; that othors entered the barn
before the ollicor, who tcstifod that its
floor was covered with dust; that the
Burned Dross was Covered with Pain
and was not worn on tho day OF tle muir
der. Mr.. Jennings closed at 1880.
the first witness for the defence was
Martha Chaguon, who testified that she
heard n pounding noise at ! | O'Clock ON ths
night before the murder near the fence that
runs between her fathers premises and The
Borden yard; made no invsstis alton. Mrs
Marion Chagnon testified, confirming bel
stepdnughter's statements regarding tn,
noise.
]
the Borden house May, 1892; at that tim
lizzie Borden was around and near tb
paint and had given instructions as to mix
ing it.
Mary A. Durfee OF Fall River witnessed
an angry discussion bet ween Dir. Borden ant
a man on the formers steps during tn
autumn preceding the murder excluded q
| being too remotA)
c. n. Clifford lives next to DR.. Chagnon'
| house; at l. O'CLOCK on the night before tn
1 murder saw a man on his (GItford's 81 side
/ steps. sitting down with hat down on hi
face; shook him and his hat fell 70 the side
walk; did not know tie nun; there was Il
smell OF liquor about him; lett him eu
went into the house; have never seen hin
since. Afterward Mr.. Kirby came hom
in live minutes and heard MIR. KIRBY talk
irg
Uriah Kirby of Fall River
said that on the night before the murde
found a man sitting on his steps, spoke t
him, but got no reply; his hot was puile
down over his eyes; noticed no sign of lie
uor about the nan.
Marx Chase OF Fail River said: Abou
II O'Clock on the day MIR. Borden was mur
dered saw an open Dox buggy standing b.
tree near the Borden house; tLere was
man in the carriage; never saw the man O
carriage before. Il cess till 2:i0
In the afternoon DR.. Ben iGmin Z. Hand
OF Fall River testified to passing the Borde
house ut 3 and lU:3J on the morning OF til
murder; saw m-dium-Iizod young ma1
very pu!e, Walking slowly along, lie wa
well dressed in "a light suit of clothes; h
was acting very Strangely he seemed to /
weak and hal an intensely agitated EXPIRE:
sion on his lace; witness thought he ha
seen the man before and had tried to fin
HIM since, hut was unsuccessful.
Della Manley, who lives on Second stree
T testified 70 seeing young man dressed i
light clothes standing IN the Borden gstt
way at about $40 a. IN. Oh the morning
the murder; never saw him before and NJ
ticed nothing about his appearance.
jerome I. Borden testified that he ente
cd the borden front door without difficult
the Day After tho Murder.
Walter p. Stevens, a local reporter, to
titled that he went into the Borden bar
shortly after the murders; heard three PEI
pie walking in tbs loft; Medley was in tt
entry OF the house and witness did not 6,
l1laet in the barn. Made thorough scare
Of the yard without results. Before goir
to the barn tried the cellar door and fouu
that locked.
!, Alfred Clarkson testified TO seeing thr,
men In the barn shortly after 1880, b,
, neither Medley nor Fleet was among then
Simon Robinssi, ice cream peddlsr, test
fed that he kept his horse on Second sire
opposite the Borden house and left Il
stable at three minutes past II on the dl
of the murder; he know now where h
5 Borden house il but did MT then; ns he W
going by he saw lady with dark color,
5 dress on coming from tho barn; she hl
nothing on hor head and was walking vei
, slowly toward the house; had seen the Sc
want few weeks before and sold her /
cream; this was not the servant. Cross c
animation failed to change the evidence.
a Charles b. Gardner, stable keeper, test
fled that Roblnski took his team OUT 5 or
minutes past II that day; witness dro
o out 20 minutes later; Rohnskl didn't kno
$ anything about he trouble at the Rord
t house and didn't lcoli toward II, saw
9 Running Up the Street.
Charles b. Newhall of Worcester. w
:, was in Gardner's carriage corroborat
Mr. Gardner as to the time and to seei
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