New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-06-13
A POINT FOR LIZZIE BORDEN.

The argument in the Borden murder trial
respecting the admissibility of the prisoner
testimony before the inquest tended 20 create
public sympathy for her. The procedure of
the magistrate and police at Fall River in piac-
tically compelling this distracted girl, who had
been drugged with morphine for a week by her
physician, to answer the questions Of a sklful
lawyer strongly prejudiced against her. has
been sharply criticised by law journals as dis
creditable and burlesque on justice. The
Court by excluding the testimony has expressed
without reserve It's disapproval of methods not
in accord with common law rights That is a
righteous decision. Under the circumstances
of the inquest the witness suspected by the
police OF a most atrOciOuS crime was virtually
forced to incriminate herself by testimony
which was self-cOnradictory and at variance
with many of the replies which she had prcvi-
ously made to the police and to ncighbOrs.
The admission of this compulsory testimony
would have been nothing less than an outrage
upon the genius of common law.
Ex-Governor RobinsOns argument in reply to
Mr. Moody's apologies for an indcfensblc and
immoral procedure was an imprisoned appeal
for justice and fair play He contemptuously
books. lie described the narrowing position
Of this unprotected, distracted girl, surrounded
as she was day after day with spies and con
stables bent upon working up' as strong a
case as possible against her. She was brought
into court practically under arrest, "A warrant
having previously been sworn out against her.
That warrant was held back in order that the
effort might be made to entangle her in con-
tradictiOns and to squeeze discriminating state
rhents out of her. Her eloquent defender prop
erly characterized it not as an inquest but as
trap for /" catching her" and doing her up"
She was not allowed free access to counsel, nor
admonished that she had an inaenable right
to hold her tongue and thereby to avoid in
eliminating herself There could have been no
reasonable doubt that if her situation and her
common law privileges had been explained to
her she would have said nothing. Testimony
obtained from her by such reprchensible meth
DDS ought not to be used against her. 1t was
compulsory, and that is enough to condemn it,
When the effect of repeated doses Of opium
in clouding her mind is considered there is an
additional reason for barring it out. Mr.. Moody
referred to his opponents argument as "mag-
niticent but not law" Apart from all qub-
bling over statutes and decisions, it was com
mon justice and good sense.
While the Massachusetts, bench and bar have
appeared to very great advantage in this cx-
traordinary and deeply interesting trial, as
much cannot be said in favor Of the police work
and the preliminary stages of prosecution. The
officers whose duty it was to make thorough
examination Of the house after the discovery
# the murders have been convicted Of incom-
potency and carelessncss by their own test-
mony II their work had been ntelligently
conducted, there would have been no dis
crepancies respecting bolts and locks. hatchets