The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1893-06-13
THE nonDrN rnGAL.


Court Room 5 gain Crowded with Women
To-day Yesterdays Proceedings.
New EDFoRD Mass, June 13 As on
yes terday the court room was filled long
before the opening of the trial this morn.
ing, and again the majority Of the specta-
tors We're women.
Shortly before court opened yesterday
counsel on both sides were summoned into
the private room of the presiding justices
for consultation. Miss Borden came into
court at $3.50, and took her seat within the
bar, looking somewhat draggled, and in
answer to an inquiry from Gov. Robinson
as TO ber rest last night, her words and
manner indicated that she did not pass a
pleasant night The consultation lasted
twenty minutes.
After the court was opened and the Jury
polled, the officers were directed by the
court to retire the jury until they were
sent for, pending the arguments IS to follow.
The question of the a1missibiity of the
defendants declarations at the inquest
when under suspicion before her arrest
was then argued Mr.. NJ Tor the
Commonwealth snep4 .lree- quarters Of an
h0ur ~ manning Che admissibility on au
thority, principle and practice, claiming
the rule to be that testimony is admissible
if voluntary, and arguing that the defend
ants conduct and declarations showing
consciousness Of guilt would be admissi-
BILE, even if the defense should claim that
a confession would not be.
During the argument the prisoner was
affected with a sudden indisposition and
led from the room by tine sheriff
RObiugOp for the 6afnnep arcrt1ad aI
quently that the facts showed that the de-
fendants declarations were not voluntary,
and then discus ed the authorities, which
he claimed admitted the testimony only
when facts were different from those here
Governor Robinson spoke for one hour,
and closed his argument by stating the
doctrine that the prisoner cannot be com.
PEELED to testify against herself
Mr.. Moody at II o'clock replied for the
State, claiming that facts showed che tes-
timony voluntary, and corresponded with
those in cases where similar testimony was
admitted.
Mr.. Moody concluded his reply at 11:15,
and the justices then withdrew for consul
tation. The prisoner was then brought
back TO the court room and talked earn
estly with Gov. Robinson while awaiting
the justices return, appearing more ami
mated than before during the trial. The
court returned at 1896 and delivered de-
cision excluding the testimony
The prisoner was visibly affected by the
courts decision excluding her testimony at
the inquest, and remained some minutes
! with her face covered with her Iau. The
| jury returned, and at l2.4 AZ, Dr. Albert Q.
Cedrick was called. He testified to an ex-
animation of the bodies ou the afternoon
of the murder In his opinion Mrs. Bor-
den died first.
.Fatrolman Joseph Hyde was called at
12:lS and described seeing the prisoner
with Miss Russell go down cellar with a
| pail to the water-closet and sink at $40 on
the night after the murder. The prisoner
made a second visit to the cellar alone a
few minutes later. On cross examination
he said they had light, but Miss Russell
looked nervous
! The court took recess at ! o'clock
to2:15
The cross-examination of Officer Hyde
developed nothing. The Fall River city
records were then read to show the mar
riage of Mr.. and Mrs. Borden aud the age
of the prisoner. Medical Examiner Dolan
was called at 2:35 and examined by Dis
| trict Attorney Knowlton as to his examin-
alton at the Borden house on the day of
the murder and the conversation with the
prisoner.
Doctor Dolan identified the carpet taken
from the floor under Mr.. Borden's head
described the condition Of the blood found
with each body, that of Mr. Borden being
warm and dripping and that of Mrs
Borden coagulated. Witness examined
milk used by the Bordens, August 3 and
4, and identified the hatchets shown him
on the day of the murder. He described
the position Of both bodies when found
and the condition of the rooms where
found Photographs were admitted. The
prisoner sat with closed eyes tanning her
self part OF the time