The sun., 1893-06-13

cautioned. a case OF tho exercise OF caution
the most considernto way that could hay
Mr.: Moody. denied that tho District Attorne
rant gotten n o%t before s%s Miss Borden s tsstS
md never used. 1t il not proven. that I'll
District Attorney know o. L." said Mir. Moed
Cd friends that the Dstrct s hItorncy h'ST knew
it's entirely nnwarrantcd.
the length and breadth Of this land or Eng
innS !? warrant the exclusion oi this t tesil ~
plained when hc said: Even II you. ndml
hs . ,fQny l.. the Ehf Of hG So cisna"p Ss..
dignity. tho three, Judges witlulr.w Y con
to / o'clock when they returned. '''''
Chief Justice Mason always shows a sad ant
almost melancholy Ince. but this arpearanc,
S ssd n. % ali but S @ draw tears not s to Skcc
ordsn 10 dea %ni FS"E yet IN e ac Pc
| really the messenger who brought to her tn
best news she hns heard since hcr. arrest. IL
! sat in impressive silence for II full minute
| looking the whole court room over. and ther
| he rickc up q, pair Of spcctnclcs. adjusted
read the decision he and his associates had
reached. 1t was as follows
The rroprlsty Of examining the prisoner and OF al
that occurred IN connection Herewith IL entirely dis
G from G1 Guss1p %, me .,,n r. ssI
qnssticn tSs ths Court has to deal The common law
regards this species OF evidence with distrust state
mants made ny one accused of crime are admissible
nganst him only when Y is a,rmaively e'iahltslled
f,aten,, nts the accused wtny under at
before he had been arrested or chlrsed viii,
the crime under inrestgation may I've voluntary aud
admissible against him IN his snb.eqnsn. trial AMI tho
quest ne suspected of tue crime does not make
them Otherwise. But We are OF the opinlnn. mon
inc under arrest charged with the crime in qucstcp.
1hc common Law regards substance more than form.
nrInf al lyel br n %
the form II the witness at the time of such
the "c. StSeSw.s IN sSeaco IN. | ptsoner
At the time Of her test:iGny was so iar a relates 70
recsTt lad been served. and without other
from "s cases "s" o rs IL, 'S aE.
are ~ Of ths Crnon ,ha ,sis consideration is decisive
Miss Borden, in her, chat, In front Of the
dock and close behind the line Of chairs in
Th!sh her LAWYERS ,t sat ithn'd I'm Coward M ana
veritaGlc cush Of relief that sounded IN the
SsT ssS 'hf fhn ss as s.oGa purple hG@sy sS
srreai all oyer over 0rhEo, her face her hand
shot into her eyes; strange. strong convu-
sion racket her body at tho same moment.
eyes. and again and again her body shook with
the sobi ing form that her oyerstrained emo
GS wem Ss se He se"
was blue She then had recourse to her SMELL
ing bottle,
stand to show that Mrs. Borden Jled ,nrst|a
fact that the defence admitted when the trial
began JosSh Hyde pS%Sd ha ed with sort Of
den 20 down cellar, on the nigh, Of the day OF
the murder with a lamp and followed BY Miss
kussell She ha! slop fall and she enptied
Miss Russell was dreah,ully rriGhtcned-she
nsss aseA wnd With is Hh Fan BY To h" Eosa Ts the w wns
Watching the cellar window. down came Miss
Borden again with lamp and was seen TO
the tub frll OF bloody clothing that had been
taken from the bodies OF the murdered couple.
That was all he had to say, hut ex-Gov. Rob
great elaboration. as II to show how utterly
without significance it was. That is, 1t was
prisoners second visit to tho cellar had to do
with certain Iail lful of towels that WAS in the
rellar and which both sides have agreed not
10 discuss during this trial.
=, Howaong was she there in tho cellar ?" the
ioverno, q ked.
was it righ: there" indicating on the dia-
"iretty near there" said the Fall River no.
Yes, I thought So" snid the Ex-Governor.
Dr, William A. Dolnn. the medical examiner.
was the nest witness called. District Attor-
ney knowiton made his irst appearance as
'or o; t&s Comm m nonNealth % III bistrict A,torass A
Moody has done all the examining OF the Gov
has worked TOO hard and is very tired. DR.. Do.
an told Mr.; knowlton that when he saw Miss
nrds tod m tta he s Of the the
rot " note from some one who was sick and
lad gone out earlier in the morning. Asked
'he thought probably that Mrs. borden had
'nTned lT % 1t in the Kitchen stove The Doctor
With iaT Trrht Going TUay from n'sn it.
The prisoner covered her fac. with her |
sreat black ian. She Kept It covered while the !
III covered and with the blood dried and |
'owdery in her mattcd hair
9r. kn"wlton, heavy voiced. big bodied, |
md wilh the appearance OF redOubtahle |
toundhead Of Cromwcli's time. waved the
lood satura,e ed handkerchief that was found
i'm what he know about it,, Witness Doisn
int of thu the nEs wss onna nnTed With ba tho
" the Common wealth aud certain articles
we're recovered. u Then the handk kerchief was
reserved, Tho sturdy Roundhcad proiuced
yaTd ni light carpet Horribly stained with
~. horden Gi92d and a smaller piece OF
ARK carpet stin Ike leather with the blood OF
Tho witness identified both. and they were
he edge OF her IAN against her eyes Then
10 medical examiner went on to say thnt Mr..
'orden 1l ," wore & &marltgnnz Jacket. and that he
nj chain on the old mans person.
he medical examiner got Bridget Sullivan
: give him samples Of that days milk ami of |
no no milk delivered on the morning be'ore. The
russic acid theory WAS rampant soon after
AID. and possltlyt he witness wGs cNpert-
NJ 10 find soGie of TINT poison in the mix. |
othtng was found In il. by the way. liut his
aside from his Testimony. He next itcnii-
e' The clankirS hatChet and axes. nd SAID |
u took oat the siomachS OF tho Victims pt |
ZEN IN lars. sealed the Jars. and sent them to
ro! " ond ~ Harvard.
Al this POINT hall the people in court were
'GEing at Miss lord"r and | elieyeI she was
Ding to Hwopn again. IL WAS another hot
~ Ike the one a week ago to-day when she
i'd faint Two deputy sheIifrs Jumped In nr-
'site directions TO get water for her n nd after
deep draI.ght from the glass that came 10
aF arst shs appeared to recover. She had /
nj ,sie No No demonstration except .hnt her
stlpg heavily on the rail b, side her. :
Ihs mc Neal man next. examined the cgun-
rpahe from tho bed in the room where Mrs. \
ordcn Hie,i, and as il was held up u solitary !
~ OF blood was found on it. Next, AN apCnr.
lty spotless slab OF marble from tho wash ,
NM NM N the same room was brought in and
entitled After that pieces OF floor lambs
,d great hunks OF wainscotting were naraied n
! ore ,h" witness anathe Jury identified, and
ltl hI on the table leiDrp tha m Inx