Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1893-06-13
A POINT GAINED.
Lizzie Borden's Former Testi-
mony Not Admissible.
Judges Consider She Was a Prisoner
at First Examination.


NEw BEDFORD. Mass, June i2.--OveI
half the spectators today were women, and
the second week Of the Borden trial opens
with the appearance of increased interest,
rs the uncertainties of the case are un-
folded Miss Borden came into court at
s 80 and took her seat within the bar. look
ing somewhxt dragged, and in answer TO an
inquiry from ex-G0v. Robinson as to her
rest last night. her words and manner in.
dicsted she did not pass = pleasant night.
After court vas opened and the jury
polled, the officers were directed by the
court to retire the jury until they were
sent for, pending the arguments to follow
The question Of the admissibility of Miss
Borden's evidence At the inquest when un-
der suspicion before arrest. WAS then ar
gued. Mr.. Moody for the commonwealth
spent three quarters Of an hour maintaining
the sdmissibility on authority, principle and
practice, claiming the rule to be testimony
admissible if voluntary, and arguing that
the defendants conduct and declarations
showing a consciousness of guilt that would
be admissible even if the defense should
claim confession would not be. During
the argument the prisoner was visibly af-
fccted. She was lead from the room by
the sheriff, because of sudden indisposi-
ton.
Robinson for the defense argued elo-
quently that the facts showed that the de-
fendants declarations were not voluntary
and discussed the authorities. which he
claimed admitted testimony only when the
facts were different from those in this case.
lie declare,fthe police officers had followed
underhand methods in dealing with Miss
Borden at the inquest AMI that her rights
and privileges under the constitution of the
state had been violated.
Moody complimented Robinson upon his
magnificent argument, but said it was not
law. He claimed Robinson had utterly
failed to show anything which would justify
the exclusion Of this testimony. lie denied
that Miss Borden's rights had been trans
gressed in any way. The court retired for
consideration at 1l.l5.
The prisoner was then brought back to
the courtroom, and talked earnestly with
ex-Gov. Robinson while awaiting the JUS
tees return, appearing more animated than
before during the trial.
Upon returning to the court room, Chief
Justice Mason said the propriety of exam
lining the witness at the inquest is entirely
distinct from the admissibility Of her evi-
dence. 1t is with the latter question the
court has to deal.
We are Of the opinion that if the accused
was at the time under arrest, her state
ments were not voluntary and her evidence
cannot be admitted. From the agreed
facts it is plain that the prisoner was at the
time of the inquest, as much of prisoner
rs ever she has been, and the evidence is
excluded.
At the conclusion Of the courts decision,
Lizzie was obliged to wipe tears from her
eyes, the result affecting her greatly, and
har face was hidden by her fan from the
popular gaze.
The jury returned, and at I2.42 DR.. Al
bert G.. Dedrick was called. lie testified to
examination of the bodies on afternoon of
murder. In his opinion Mrs. Borden died
first.
Pstrolman Joseph Hyde was called at
u. .4S and described seeing the prisoner with
Miss Russell go down cellar with pail to
the water closet and sink at Is the night
after the murder. The prisoner made a
second visit to the cellar alone few
minutes later. On cross examination he
said they had hight, but Miss Russell
looked nervous.
The court took recess at o'clock to
II