New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-06-10

Still, if she got her father to lie down on the
sofa, and if he went quickly to Sleep IL Is ren"ereu
more nearly possible Of belief.
But the great difficulty in accepting Fleets
evidence on this point is that, though he has
twice been examined before on this matter, once
at the CorOncr's inquest and once at the city
Justices trial, he never before mentioned 1t. MI
Robinson srrang at him savaeely on this account
as coon a. Fleet was turned over for ci0is-cN-
animation.
Is your memory of these occurrences better
now than il was eight months ago. he asked
Ave you able &c recall important facts now that
you have not remembered hith"rto?'
MIR. Fleet did his best to get out OF the di'''-
Guilty which these questions raised. lie saiu
he was tcstifying "thc same as he did before
lie said, the sense was the same. ana wheh 'he
defence implied, later it will prove, that he
never said anything Of that KIND Dclore' lie III
sisted that he thought he did.
GOVERNOR ROBIN Oy's MAsTERLY CRossEX-
ANIMATION.
Fleets cross-cAamination was resumed TINS
morning IL was mastery performance MI
Robinson displayed in their finest form all tie
arts OF "a keen inluisitor lie was perfectly
familiar with the evidence Fleet had given yes
terday and also with that he had given at the
at Fall River Ii is serious disability TO a
witness, as poor Fleet was made to feel again
and again, to have testified before and this
fact, uIposinc the witness TO be honest and
fairly intelligent. furnishes curious commentary
OIL the fccbenees of memory and shortness of
vision from which the human family are shown
u suffer as soon as memory and vision are put
10 the test
Ii is almost "a physical inpossibility for the
Ill l,a
same way, and there are score of cxceilent r"a,
sons why this is 80. His condition, both mental
and physical may be entirely different on the o.
casions when he testiiies. Ii might reasonably
lie thought that witness could be-; Ter leinem'"r
ard describe anything within week OF us occur
renee than at the end Of year. 4 yet 1t isn't
always The close be is TO the aaiir III .polht
OF Tine the more So are the enotionai and
imaginative elements of his nature to speak in his
evidence. He may remember more SHARPLY ana
mere in detail, also. and yet b. less full and accu-
rate in his evidence than if it were given llfer.
But the further he is from the occurrence in point
90 90 sps G o@ lie things thus and
is cure he remembers them. when photograph
of the scene would prove that he was arguing ana
sees things, to-, makes ali the difference in the
Eorld between the real: whole truth and what ne
believes to be the truth. When to these embar-
rassments is added the Inperfection of language,
even when most amply commanded, az a means OF
conveying ones thought, il is readily seen that
man ta..,cs great chances with his reputation who
Oficer Fleet no doubt believes that Lizzie
Borden murdered her father and stcpmothcr. In
that sense he is pairly hostile witness Ana
vet there was nothing in his apDcarance Or
language which limited az nalevoence or VIM
dctiveness. lie does not look unlike super
intendcnt Iyrnes. except that he is much youahgr
eyes, the same oval face and swarthy complexion;
the same dark, broad. dropping mustache AMI
spoke with the same dclibcration and with that
upward reflective look at the ceiling which seems
30 much to assist Mr.. Byrness memory.
4 sKILFUL INQUIsITOR.
Governor Robinson is natural examiner. In
physical as we'll as mental construction he IS
made TO do the work of an inqni5itor lie Is
tall, and, though his body is well fl!cl out
his face is lean. and the general effect is that
of a spare. but strong and nervously quick
nature Ills eyes large. and they flash
ont from behind his spectacles with glances full
of Just such neutrality-suspicious.. satisfaction,
indignation, confidence, cynicism pity or pas
sion-as he chooses at the moment TO impart
70 them He is bald, but the long, straight,
dark hair which thickly frnges the bald
spot aids his rudy complexion in making him
look like young man of sixty. His mustache
is short and dark. and his face elsewhere IS
smoothly shaven. 1t Is a rarely mon'ie co .hc
tenance swiftly adapting itself. as do gu inc
motions of his body. to the anlmating though,
of his mind He is scrupulously polite, and
also anick-tempercd III he Only poSscssen MI
Choate's sense of humor, if Mr. Choate pos
sessed his sincere and ready indignation, either
would be an examiner supremacy great,
Fleets Manner bad. He showed that re
was resenting what, on the lawyer's, part, was
entirely proper severity. He allowed his tones
to become sury. and he often said he :" didn't
know" or didn't remember" in way that
implied that he wasn't taking much pains 10
know or to remember Mr.. Robinson went at
him at once concerning his having said that
Lizzie told him that she had advised her father
10 lie down on the sofa. But Fleet insisted
that he had testified TO the same thing before:
This is denial of the record. Then he was
covered in his direct examination yesterday, and
he was compelled constantly to choose. MOI
on matters Of special importance generally, PIT
on details that tested his memory, between what
lie had said yesterday and the something entirely
different which he had said at the inquest or
at the Fall River hearing.