The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-06-16
STORIES TO SAVE LIZZIE.
The Defense Now Has the Stand in
the Borden Trial,


ported on good authority that hatchet
was found under Groves barn, near the
Borden premises yesterday, and that the
police have it in their possession, but will
not talk about the matter at present. The
story goes that boy hunting for a ball
found the hatchot Those who report the
story think it may prove important owl
dence in the Borden case.
A large crowd was in attendance when
the Borden trial opened this morning.
Miss Borden was overwhelmed with floral
offerings this morning and appeared in
excellent spirits, despite the seeming dis
heartening significance of yesterdays
proceedings. Several witnesses were
called to show the attempted purchase of
prussic acid. After a consultation the
justices at 1920 o'clock announced that
the preliminary evidence did not come mp
to proffer and exclude the evidence Of the
attempted purchase of prussic acid. After
the Introduction of the exhibit at 1925
o'clock the commonwealth rested its case
and q recess was taken.
Another consultation began between the
counsel and the court, at the conclusion
of which Gov. Robinson asked for ten
minutes in which TO arrange matters for
opening the defense, 1t being understood
that the prosecution would take more
time than it did to-day.
THE DEFENSE STATES ITS CASE.
At 1850 O'Clock the jury filed into their
places again The counsel for the de-
Tense were all ready to begin the presenta-
tion of their side of the case and Mr.
Jennings became their spokesman. He
said the person who was arrested for
doing the deed was the youngest daughter
of one of the victims. Up to that time she
was OF spOtless character and reputation,
who had moved in and out of that house
for twenty-one years with her mother
and father and sister I'VE shall show
you that this young woman had led
spotless life, was Interested in religious
and charitable work, and yet for some
reason the government seems to have
fastened the crime upon her. There is
always an outcry for somebody to be pun
ishod for such a crime, but we want the
guilty punished, not the innocent. Our
law-and it is one which you have sworn
TO apply to this case-presurnes every
person to be innocent until proved guilty
The law is for the protection of the liv-
ing The law of Massachusetts to-day
draws about the person of everybody n
circle Of innocence until the contrary Is
proved ] say this is a most serious case,
and every sane man must say the same.
THE JURY's DUTY.
"But you are not here to say how IL was
committed, but have to say by whom.
You are simply to answer to this defend
ant to say you are satisfied beyond rea-
sonable doubt that she is guilty or inno-
cent, and reasonable doubt is doubt for
which you can furnish a good reason.
There are two kinds of evidence, direct
and cireumstantial. The first is the testi-
mOny of persons who have seen and heard
ana felt; circumstantial evidence Is en-
tirely different. / want to say that there
is not one particle of direct evidence Of
fered to connect her with the crime; IL
is wholly and absolutely circumstantial
We know. of course, that almost every
thing occurs under natural liws; in cir
cumstantial evidence It is simply an opin-
ion from you, an inference on your part.
In certain cases such evidence may be
as sure as direct, but there is no class Of
evidence known that under certain cir
cumstances is as dangerous as evidence of
this nature.
THE MOTIVE.
"You will find that the motive as one
Of the links in the chain Of circumstantial
evidence becomes of tremendous impor-
tance The governments chain is that
whoever killed one killed the other, and
where they have assumed TO show the
motive of the killing Of her step-Inother
there is none for the killing Of her own
father. In measuring the motive you
have got to apply it on this case as be-
tween this girl and her own father. The
blood which was shown on the AK has
disappeared and the claw-headed hatchct
has disappeared from the case, and it
did not disappear until after Prof. Wood
on that most glorious morning. in Fall
River said that there could not have been
blood on it to have been washed so
quickly An attempt had been made to
surround this house; to so completely
shut it in, but you have seen II and heard
the evidence on that matter. And there
has not been a living soul in all these
witnesses to testify that they saw An
drew J. Borden go down 10 the bank from
his house; he was ac lally invisible.
WHAT THE DEFENSE WILL SHOW.
awe shall show you there were others
about that house; we shall show you that
Medley's cake walk In the barn existed in
his own i'm aginatiOn, and that people
were in that barn and all over is before he
went there; we shall show you 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 It
early in May: that It was burned there
in broad daylight, with the windows and
doors open, with officers and witnesses
about. We shall show you that she had
on the very dress she says she Ind on, the
one / gave to the officer myself We shall
ask YOU 20 see in view Of the presumption
Of innocence what the law says you shall
consider, that no blood was found upon
her, and to consider the relations between
father and daughter"
The prisoner sat with her face buried
in her handkerchief during her counse1s
plea.
LIZzIE's FIRST WITNESS.
Mr. Jennings closed his address at II 80
O'Clock and Martha Chagnon was called
to the stand She testified that at IL
o'clock on the night before the murder
she heard noise like pounding on wood
in the direction Of the Borden fence, and
that it continued for five minutes This
witness step-mother confirmed her
testimony.
John w. Grouard testified that he
painted the Borden house in May, 1892,
and he thought that the prisoner was
in the vicinity Of the paint tubs.
The court excluded evidence that the
fall before the murder Mrs Durfee saw
an angry discussion between Mr.. Borden
and stranger.
Charles NJ Clifford and Uriah Kirby
said that they saw a man on the street
steps near the Chagnon house at II o'clock
on the night before the murder.
Mark Chase said he saw man with a
brown hat and black coat in a buggy in