The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1893-06-16
MISS BORDEN'S SDEFENSE
The Mysterious Stranger Seen by
DR.. Hardy.
ARGUMENT OF LAWYER JENNINGS.
He Warns the Jury Against the Dangers
of CircumstantiaI Evidence - A Fall
River Reporter who Combats the Evil
dcnce of Onlcer Medley.


of CircumstantiaI Evidence A Fall
River Reporter who Combats the Evil
dcnce of Ofncer Medley.
NEW BEDFORD, Mass, June 16.-Miss
Borden was overwhelmed with floral Of
ferinRs on the tenth day Of her trial for
murder, and appeared In excellent spirits,
despite the seeming disheartening signif-
cance of Wednesdays proceedings.
The government introduced experts to
testify as to the use of prussic acid to
cleanse sealskin, but before they had an
opportunity to fasten the alleged at
tempted purchase of the poison on Miss
Borden the court decided that the evil
dence was incompetent. This ends the
prussic acid incident.
Then the defense began its case, with
Mr.. Jennings as spokesman. He said in
part:
"Wc shall show you that this young wo-
man had led spotless life; interested In
religious and charitable work, and yet for
some reason the government seemed to
have fastened the crime upon her. There
is always an outcry for somebody to be
punished for such crime, but we want
the guilty punished, not the innocent.
Our law, and it is the one which you have
sworn to apply in this case. presumes every
man to be innocent until he is proved
guilty The law Ia for the protection of
the living. The law of Massachusetts, to-
day draws about the person of ever, body
the circle OF innocence until the contrary
is proven.
~ say this Ia n mysterious case and
every thinking man must say the same,
but you are not here to say how it was
committed. You are simply to answer as
to this defendant, to say you are satisfied
beyond reasonable doubt that she is
guilty or innocent, and n reasonable doubt
Is doubt for which you can furnish good
reason.
"There are two kinds of evidence, direct
| and circumstantial; the first is the testi-
| mony of persons who have seen and heard
| and felt; clrcumstantial evidence is en-
| tirely different l want to say that there
Is not one particle of direct evidence against
| Lizzie Borden to connect her with this
crime; it is wholly and absolutely circum-
stantial, and there is no class of evidence
| known that under certain circumstances,
| is as dangerous as evidence of this nature.
"You will dud that motive as one OF
| the links in the chain of circumstantial
evidence becomes of tremendous impor-
ttnce. The governments chain is that
whoever killed one killed the other, and
| where they have assumed to show mo-
tive for the killing of her stepmother,
|
father In measuring the motive you have
got to apply it in this case as between this
girl and her own father
"There has not been living soul in all
these witnesses to testify that he saw An
drew J. Borden go down to the bank from
this house; he was actually invisible. We
shall show you there were others about
that house. We shall show yon that Liz
zie was in the barn, just as she said she
was. We shall show you that this dress
was soiled with paint, gotten on early in
May; that it was burned there in broad
daylight withiwindows and doors open, Of
ficers and other witnesses about. We shall
show you that she had on the very dress
she says she had on, the one gave to the of
ficer myself We shall ask you to see in
view of tho presumption of innocence
which the law says you shall consider,
that no blood was found upon her. and to
consider the relations between father and
daughter
Then the taking of testimony for the de-
fense began, the first witness being DIR.
Benjamin II. Hardy, of Fall River. DIR.
Hardy testified:
II know where the Borden house is. I
went there on the morning of the murder
between 10 and 1890. l saw a medium
sized young man. very pale in complexion,
with his eyes fixed on the sidewalk, pass
ing slowly toward the south. He was act
ing strangely, and in consequence of his
appearance / turned in my carriage to
watch him as he went by. have a faint
idea that had seen him before This man
was well dressed in a light suit of clothes
have tried to find him since, cut have
been unable to do So The man was act
ing different from any person | ever saw
on the street In my life. He was agtated
and seemed to be weak.
Mrs. Della s. Manley, who lives on Sec
ond street. in Fall River, said she was
passing the Borden house with Mrs, Hart
when she saw young man attired in q
suit of white standing by the Borden gate
That was about 9.45. She had not noticed
the young man when she first came along
Walter p. Stevens, who at the time o.
the tragedy was reporter for one of tn,
Fall River dailies, was called to the stand
His testimony was the most important fo
the defense that had come up to this time
He went to the Borden house on the morn
ing of the tragedy, in the regular course o
business. He went through the house ant
out to the barn. while was there" h,
said, 81 heard three persons walking abou
in the upper part of the barn"
Policeman Medley, it will be remem
bered had sworn that there were no trace
of footsteps in the dust on the floor of tn
barn loft
The witness said that he did not Sc
Medley about, and remained in the barr
only moment or SO.
Hyman Robinski, an ice cream peddle1
testified that shortly after IL O'Clock o.
the day of the tragedy he passed the Boz
den house, and saw lady go from tn
barn TO the house. 1t was not servant
He knew Bridget Sullivan.
Everett Brown and Thomas G.. Barlo,
testified that they visited the Borden prem
ises on the day of the murder. but wer
not allowed in the house. Though the
spent all the afternoon about there, the
saw nothing of Officer Medley.
Joseph LeMay was then put on tn
stand and the court dismissed the jur
while counsel wrangled. District Attorne
Knowlton said that the matterupon whic
his evidence would touch had no relatio
to the case and had nothing to do with II
so far as tho time was concerned The te.
timony sought to be introduced was tina
. witness had seen man passing along tn
Q road near his farm, his clothes coyere
with blood and presenting decidedly IT
I pulsive appearance.
\ Mr.. Jennings said this was not a case {
5 conversation, and that neither was awai
of the presence of the other; the man see
? by witness had a hatchet in his han
a which might have been the one used
: doing the murders. He claimed that IL
s evidence should be submitted.
0 Decision was reserved and the court al
journed.
Q MASON. Mich, June 16.-This city
S greatly excited over the suicide of Mr.
0 Ed Curry and the subsequent attempt {
0 her husband to follow suit. Mrs Curr,
: who has been taking morphine for th
D past two or three weeks to quiet b,