The Portland daily press., 1893-06-16

4
urally aroused selfish fear in men. They
demanded that somebody be arrested
and punished.
With an eloquent allusiou to the spot
less character and reputation of the pris-
| oher at the bar to the time of her accu-
| sation, Mr.. Jennings, with emphatic ut
| terance, declared. AThere is not par
ticle of evidence, not a spot of blood in
this case, there is not circumstance
to put hatchet into her hand to touch
| it, or eyes to see it, or ears to hear it. to
| convict Lizzie Borden" There was no
direct evidence in this case. 1t was all
circumstantial,, and then counsel, with
graphic description, cited the case of the
man, convicted on circumstantial evil
dence that seemed absolutely convinc-
| ing, of a mysterious murder, who served
seven years, and was discharged last fall
upon the confession OF the actual mur-
derer. Nobody believed the apparently
| improbable story Of the accused regard
! ing what he did at the time of the muir
der. He had blood on him, and vet per-
sons were astounded at the simple plain
ness Of the explanation of the man re-
leased from prison. He had told the
| actual truth all the time.
lit isn't for you, gentlemen, to unrav-.
el this mystery; itisn't for you to find
how this murder was committed. 1t is
| for you to say, have they furnished the,
proof that Lizzie Andrew Borden com.
mitted this deedpm was the earnest ad-
| duration Of the lnanifestly deeply stirred
counsel.
With cutting sarcasm Mr.. Jennings
dwelt on the fact of that claw hammer
head hatchet which DIR. Dolan felt SO
sure did these murders, that he felt sure
he found the imprint of that claw-head
In the top Of the old Mr.. Borden's head.
And now that hatchet has disappeared
from the case, disappeared, and new
hatchet is substituted. Yet that hatchet
was not put in until after Prof. Wood
had declared on that glorious morning
in Fall River that there was neither blood
nor human hair upon the hatchet head"
He strongly emphasized the fact that
nobody saw old Andrew j. Borden go
down the street thaS morning OF the 4th
of August From the time he started
for the Union Savings Bank he was abso-
| lutely invisible so far as evidence lin this
case was concerned. There was dress
burned that was made in May, and it
was burned in the presence of witnesses
with the side door open. the windows
open and officers all around the house.
But for the extreme gravity of the occa-
sion he would term Officer Medley's visit
to the barn s'cake walk
The defence would show relations be-
tween the father and daughter which
excluded the motive for killing him, and
| the motive to- kill the mother alone
would not be enough, for the govern
ment claimed the same person killed
both. He claimed the weapon had not
been connected with the defendant. Ex-
| elusive opportunity would be negatived
| by showing that there were people
around at the time of the murder, that
others entered the barn before the off
GERS who testified that its floor was COW
vered with dust and that the burned
dress was covered with paint and was
not worn on the day of the murder.
Evidence for the Defence.
Pretty Martha Chaanon, the Bordens'
ueighbor ON the east, was the first wit
ness. She is a4scharming young girl,
wearing a becoming charming costume
of blue, with pink cambria vest and sail
| or hat. Martha heard sound as if
some one pounding at about II o'clock.
1t came from the south in the direction
of the Borden house, and it was the
| night before the murder.
District Attorney Knowlton objected
to Mr.. jennings asking what it sounded
like, and the court sustained him.
The pretty witness was confused-she
| said II couldn't see it. ''s4But Mr.. Knowl-
ton could not make her say that the
noise came from the ice houses. 1t was
not In that direction. Martha was sure
it was notIthe icemen pounding the ice.i
| 1t came from the Borden fence. AS she
couldn't tell what the noise sounded
like Martha found herself at cross pur-
poses with her counsel and retired.
Last summer in Fall River she told the
court 1t seemed like man jumping over
the fence.
Marianne Chagnon, Martha's mamma,
remembered the noise that night before
| the murder; it was that of the step of a
| man on the Borden fence or walk. It
came from the back yard.
Lizzie, who gave way to tears during
Mr.. Jennings's plea, frightened again as
the Chagnons were called, and smiled
when Mrs. Chagnon got decidedly mixed
under District Attorney Knowltons s
sharply put questions. The attractive
Frenchwoman, with her pleasing accent,
was very prettily confused. She was not
| sure that the ash barrel had not made
1 eAAo oV<A>A SAAo AoH1Ao ~ OAl ~ w DIS Ill I'LL
| ferent direction.
| John Grouard, stout painter of gen.
erous build, testified to painting the
house, and that Lizzie was around the
barn where his tubs were. The material
fact was brought out that old Mr.. Borden
| told him that Lizzie was to select the
color, and that he had better not mix the
paint until the morning, as he wanted
Lizzie to be by when it was done. Liz
| zie was round the next morning and
tried the mixed color on the house.
| Mrs. Mary A. Durfee was put on. to
testify to witnessingsa heated discussion
between old Mr.. Borden and a stranger
on the Borden steps at some time near
the Thanksgiving previous. Mrs. Dur
fee was quite an attractive witness, in
dark blue dress and velvet tocque. She
| placed the time finally as possibly on
some date within two months prior to
her sisters death, which occurred Octo-
bet 81, 1892. She was going for medi-
| cine for her.
The Court ruled the evidence too re-
mote and excluded it, the defence saving
an exception.
Saw STRANGE NTsn1