The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1893-06-13
IEQUISITIoy REBUKED.
The Evidence Of the Fall River Star
Chamber Excluded.
A GREAT POINT GAINED FOR MISS
LIZZIE BORDEN.

The Court Says that Her Evidence at the
Coroner's Inqnest Cannot Be Used
Against Her-Gov. Robinson Made an
Eloquent Appeal for His Client and
Denounced the Course of the Prosecu-
tion in stinging Terms.
NEW BEDFORD, Mass, june 12.-In
the Borden trial this morning the jury
were sent from the court room and Nh.
Moody began for the Commonwealth his
argument for the admission of Lizzie
Borden's statement at the now famous
'star chamber" hearing, regarded as so
vital to the Commonwealth case. Mr..
Moody's manner was very earnest, and in
his favorite latitude, a slightly leaning
posture over the table in front of him,
his left hand thrust under it's correspond
ing coat tail, the finger and thumb of
the right hand repeatedly striking
large pile of typewritten evidence in
front of him. Mr.. Moody turned half
round facing Lizzie Borden, but her eyes
were not upon him. They had the far
away look of one absorbed in thought
profound. Lizzie buried her face in her
fan for some moments. Then she grew
calm and attentively listened to Mr..
Moody's opening sentences. 1t was but
for short time, however. Then Mr..
Jennings came across to her and the
girl gave him a small bottle or phial,
wrapped in tissue covering which he
put in his pocket.
Governor Robinson spoke few words
to Sheriff Kirby, and that kind officer
conducted Miss Borden out of the court
room.
Mr.. Moody began with English author
tiles, following them with those of New
York, Wisconsin and Massachusetts, to
sustain his position that the secret hear
ing was of great value to the Common
wealth, and that by all previous rulings
OF the Supreme Bench the government
had the right to avail itself Of testimony
so given by the defeandnt. He cited
Piper's contradictory statements to Rev.
Mr.. Pentecost in the presence of police
officer, which were used afterwards to
secure his conviction. Mr.. Moody was
agreed that voluntarily declarations
We're competent, but declarations by
compulsion were never competent. He
held that many cases arise when the
accused had the right of testifying
in his own behalf There were no prece-
dents in Massachusetts, except in cases
of fire inquests as in the King case in the
eighth of Gray, wherein it was shown
that the court considered the caution of
the accused regarding his rights to testi-
fy was of no Importance when it said
that it was not necessary.
Gov. Robinson Replies.
All eyes were turned on Gov. Robinson
as he slowly arose, and amid the most
impressive silence began his answer. He
placed Lizzie Borden squarely upon the
constitution of Massachusetts, and her
rights under its protection, and that of
the bill of rights. His argument was
powerful arraignment of the action of
the Commonwealth officers with refer
ence to this accused woman. It isn't the
question whether in this court proper
and salutary rule may or may not have
been departed from. It is whether, if
there has been such departure, it has
been properly made.
He said by way of preface: 'sIn a
question OF this great moment in which
the life of the defendant is involved, the
Court will take no chances How sol.
emn the tones. The strained attention
of the listeners in the seats hung upon
the words as they fell from his lips. The
occupants of the benches were strangely
still as Gov. Robinson read from his
prepared brief his II premises upon
which he built his argument.
He pictured the girl as she stood be-
fore her inquisitors those three days in
August with Marshal Hilliard, almost
with his hand upon her shoulder, having
the warrant of the Commonwealth in his
pocket, with the police surrounding her
house night and day from the day of
the murder. There was no time when
the eye of the police was not on her. She
had been notified three days before her
subpoena to attend the inquest was re-
ceived, by the mayor and city marshal
that she was suspected of the crime. The
Piper case was dismissed as wholly ir-
relevant.
She had all the rights given her by the
Constitution of Massachusetts. She
stoodon that venerable instrument to-
day. ssShe takes the bill of rights and
she reads in it that no subject shall be
allowed to testify against himself.''
That was written when Massachusetts,
was born,' = declared the governor. 1.-THE
shield Of the state and the shield of the
nation are her protection" he added i'm
pressively. He showed by the case of
Commonwealth VS.. King that the pro-
ceedings in that case were reduced to
writing and were signed by the accused.
In this case" declared the governor.
''though it might be said that they were
reduced to writing, 1hey were not
signed by the defendant and never SUBJ
mitted to her with stern emphasis) for
her correction. She stood alone; she, a
woman, for three days unguided by
counsel, confronted by the district attor-
ney, watched by the city marshal, at
one time surrounded by the police. Can
any one say with cutting sarcasm) that
she had not been formally proceeded
against?'' And then, with burning elo-
quence, the eminent counsel startled his
hearers by his scathing attack upon
the prosecution. The scene was one of
the most impressive ever seen in the
old New Bedford court house.
"We must assume in common sense
that that was under the direction of the
District Attorney" continued the elo-
quent advocate. SIT was not at random
that was done. This woman was never
free. She was always in fact prisoner