Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1893-06-13
THE BORDEN CASE.
LIzzie's TESTIMONY At THE IN
QUEST RULED OUT OF COURT. q.
4 Drawing Of the Colsr Line - to Spec
tatsrs May Lead to .
Lawsuit.
fBy telegraph to the Dlspatch.I

NEW BEDFORD, MASS, June 12.-The se-
cond week of the Borden trial opened with
al appearance OF increased interest as the
uncertainties of the case unfold. Over
one half the spectators in court this morn
ing were women.
A few moments before court opened the
counsel on both sides were summoned
into the private room of the presiding
Justices for O consultation. Miss Borden
came into court at $50 o'clock and took a
seat within the bar, looking badly. and In
answer to an inquiry from Governor Ro-
binson as to her rest last night her words
and manner indicated that she did not pass
O pleasant night.
The consultation lasted twenty minutes
and after the court was opened and tho
jury polled the officers were directed by
the Court to retire the jury until sent for,
/ pending arguments to follow.
ACCESSIBILITY OF EVIDENCE.
Mr.. Moody then addressed the Court.
saying he understood the discussion now
to be opened was that OF the admisslbi bility
of Miss Borden's evidence. He spent
three quarters of an hour maintaining ad-
instability on authority. principle. and
practice, claiming the rule to be- that testi-
mony Is admissible If voluntary. and
arguing that the defendants conduct and
declarations showing consciousness OF
guilt would be admissible even IL the de-
fence should claim that confession
would not be.
During the argument the prisoner was
affected with sudden indispositlon and
was led from the room by the Sheriff.
Governor Robinson. tor the defence.
argued eloquently that the facts showed
that tho defendants declarations were not
voluntary, and then discussed authorities
which he claimed admitted such testl-
mony only when the facts were different
from those here.
THE EVIDENCE EXCLUDED.
Governor Robinson spoke tor one hour
and closed hIs argument by stating the
doctrine that the prisoner could not be
compelled to testify against herself
Mr.. Moody replied for the State. claim
ing that the facts showed that the testi-
m0ny was voluntary and corresponded
with those in cases where similar teSti-
mony was admitted.
Mr.. Moody conclu He'd his reply nt 1l:15
o'clock and the justices withdrew for con-
sultation.
The prisoner was then brought back 10
the courtroom and talked earnestly with
Governor RobNson while awaiting the
the justices return. appearing more AMI
mated than before during the trial. The
court returned at 1926 o'clock and de-
livered q decision excluding the testi-
mopy.
The prisoner was vIsibly affected by the
courts decision and remained some
minutes with her face covered with her
fan.
The jury returned. and Mt 12.42 o'clock
Dr. Albert &. Dedrlck was called. he
testified to an examination of the bodies
on the afternoon of the murder. In his
opinion Mrs. Borden died first. The
greater part of the session was devoted to
technical description of the wounds on
the two bodies.
COLOR LINE DRAWN.
The color line has been drawn in the
Borden trial and lawsuit threatens. A
colored woman named Jackson was not
admitted to the trial to-day. Afterwards
eight white ladies were admitted. A we'll
known colored man named King gave up
his seat TO the jackson woman. and was
then excluded from the courtroom be-
cause there was no seat for him, and he was
not permitted to stand. de has started "a
suit upon the claim that the color line has
been drawn against tho colored woman.