Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-06-20
1t is Believed That He Has the Best
of the Argument.
MISTAKE OF THE DEFENSE.
Judge Dewey Delivers the Charge
to the Jury.
FAVORABLE FOR THE DEFENSE.
The Famous Case Ended and a Verdict
Awaited.

Special Dispatch to The Evening stsr.
NEW BEDFORD, Mass, June 20.-District
Attorney Knowlton, who resumed his plea for
the conviction Of Lizzie Borden at 8 o'clock
this morning. is making great speech and as
he proceeds more and more of those who have
looked for a sure acquittal are becoming pre-
pared to see a disagreement of the jury. Very
few outside Of those connected with the states
case look for a conviction.
If by any chance a conviction is secured it
will be on the charge of numbering Mrs. Bor-
den, not the father.
There is no doubt that the state has always
relied more on its exclusive opportunity"
theory with reference TO the killing of Mrs.
Borden than of Mr.. Borden, though they have
said very little about it,
Indeed. it becomes apparent from Mr..
Knowlton's argument that the state has
adopted the strategy OF concentrating its ere
upon the murder of the father. and thereby
directed the force of the defense to that point.
leaving The charge contained in the first indici-
ment almost unrefuted save by the denial Of
the prisoner.
On the testimony Of Lizzie and Bridget the
two murders were committed under entirely
different circumstances. When Mrs. Borden
was killed it is agreed that Lizzie was in the
house and Bridget outside washing the windows.
When Mr.. Borden was killed Lizzio says she
was in the barn and Bridget was in the attic,
quite different state of things, as is evident,
and q condition of affairs which makes the
charge respecting the murder of the step
mother much more serious than that Of killing
the father.
But those who have read the testimony viii
recall that almost all the Efforts Of the defense
has been directed TO explain away the ci-cum.
stances Of the second crime and open doors for
the exit Of the assassin. Nothing has been ad-
duced to show what Lizzie was doing when her
mother was killed, nor why she failed TO hear
the shock Of the murderer's attack.
District Attorney Knowlton was quick to take
advantage OF this loophole in the defense. He
said, God forbid that anybody should have
committed this murder but somebody did and
when have found that she killed, not BY
the strong hand Of man, but by the weak aud
| inehectual blows OF woman. when / find that
those are the blows of hatred rather than OF
strength. when / find that she is left alone az
the very moment Of murder, shut up in that
| house where every sound went from one end to
the other, with the only person in all Gods
| universe who could say she was not her friend.
| with the only person in the universe who could
be benefited by her taking sway, and when
| find, as found, aud a. you must find N yoa
answer your consciences in this case, that the
| n
crime itself, am not responsible, Mr. Fore
man, you are not responsible for the concu-
Gions to which you are driven"
II is generally conceded today that Mr.
| knowlton has the best OF ex-Gov. Robinson in
argument
The distinguished lawyer from Chicopee in
jured the symmetry o. his plea by his evident
effort to bring his argument into what he con-
ceived to be the appreciation of the farmer
jury. He has used the Yankee vernaculAr and
dealt in honely words and rustic illustrations
He has the sympathy of many of the iurymen
possibly all. But he failed to take advantage OF
some appeals that could not but have failed to
move the jury, independent Of calling voca-
ton.
With a jury chosen because every man on 10
| was a father what a chance was there to touch
the tenderest and noblest nerve that led TO the
heart. With girl Of spotlcss life and Chris
tian career trembling in the prisoners box and
actually facing scsffold what chance there
was to win sympathy for her.
With thick volume Of evidence that almost
directly after the homicide she had been cut o6
from friends and relatives, bemmed around by
spies and made conscious that a whole police
| force had combined to twist every breath and
motion into proof of her guilt, what field for
cule and addition a lawyer had at hand.
With all the chief elements Of the case against
her dissipated. broken down, disproved and
set at naught, what an opportunity there
for a triumphant confident, impressionabls
demand for an acquittaL
Gov. Robinsons plea did not move the heart
as it ought to have done. as the plea Of Mr..
Jennings certainly did at the preliminary hear
ing in Fall River.
District Attorney Knowiton's plea appealed
to the jury not farmers. but men No
grace of speech. no ornament of oratory was
considered too good for these, the farmers Of
Bristol county, with whom the eloquent dis
trict attorney has lived for fifty years. 1t is
possible that he knows them better
than the advocate for the defense. and
that beneath their rustic exterior he the
native appreciation of oratory. native TO those
whose school readers were made up OF extracts
from the speeches of Webster and Choate Pat
rick Henry and William Writ. The measure OF
the effectiveness of these two methods can BEST
be read in the verdict.
IL there is a disagreement Mr. knowlton will
be entitled to the credit of having used the
slender threads OF evidence left the state case
with marvellous skill If there is an
acquittal Governor Robinson will be
accredited with having sacrificed the
opportunity of making such a speech as he is
able for the sake OF winning the case for his
client in homeer fashion. and If conviction. .
remote contingency as Is believed. II will be q
victory for the memorable circumstances that
hedged in the accused girl. No man viii wear
the laurel or care TO wear il.
The fact that Judge Dewey charged the Jury
is believed to be a fact favorable to the defense.
District Attorney Moody said at the breakfast
table this morning: Judge Dewey is the best
man who could charge a jury for the defense.
A reasonable doubt in his eyes is as big as Q
mountain"
THE JURY HAS THE CASE.
So the famous case goes to the jury and the
whole country wants TO hear the verdict
The suspense in the case of the accused girl is
terrible. She steeed herself like flint 10 with
stand the onslaught of Mr. Knowlton, and
barely moved her eyes from kis face during all
his plea. Steadfast self-poised. at the end a. at
the beginning. resolute Lizzie Bordon is reso-
lutte Lizzie Borden still