"Free from Guilt"

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"Free from Guilt" - FREE FROM QUILT. Lizzie Borden Acquitted by the...
FREE FROM QUILT. Lizzie Borden Acquitted by the Jury. WHO COMMITTED THE DEED. Though She Is Net the Culprit, Vet Is the Mystery No Nearer .solution. IFj«eUI ■■. Tar UoKMtxe fs-__. New Bedfoed, .Mass.. Jane 20. —At the opening of the Borden tri»l this norn ing, : District Attorney Knowlton resumed his j argument ln behalf cf tbe Commonwealth. I If* addressed .-. Mil to tte motive fori the mnrd*r. He pointed oat tbe enmity of I JXzzie toward her stepmother as sufS- \ cient motive for fc<»r murder, and said ber ] kiiiinz necessitated the killing cf her } fattier, who was a stern man, wbs koew tf the enmity, and wi. loved bis dead wife. The only way for Lizzie to possibly escape pnolsbmest lay in killing ter father. It is a theory only, but one which *onld consistently account fer tbe double murder taking place with a period of one hour and a half between the acts. 'in all yonr observe'Xr.s." he asked, " ive yon ever heard of. an attempt to create an alibi in wbicb tbere wa». more straining of tbe circumstances than in this one? 'Ihat barn abb! will not stand." lie then commented on the old and fluvy cor.dition "f tl c barn, and the fac that keen-eyed people found no traces of poison having been there. How she could avoid gettins blood on her clothes the jury could not answer, because they were neither women nor murderers. It was a sicguiar thing that tbe dress, after being kept so long, was burned oa that particular Sunday. Lizzie bad Deen told on Baturnay night tbat she was accused of the crime, and on tbe next morn had burned Isi dress. The speaker said that Mrs. Began bad never denied the "yougave-roe-away" story coder oath. Tbe prosecution did not claim that it Introduced tbe hatchet witn which the murder bad been Bitted. It showed that the hatchet bad been wet and robbed in ashes, and tbat the blade fitted & most miraculously into tbs bole' in the skulls. The speaker continued arguing that tiie silk dress prod need __>• defendant was not the dress worn at the time of the murder. '1 •-.'-. two versions of the story of the horning of the defendant's dress were irreconcilable. He iii-cu .-cd the defendant's conduct since the order, and eald the product on of ti.e hatchet was no part of the Government's ease, and closed with an eloquent appeal to the jury. 'J lie court then took a recess, and on reassembling defendant was given an opportunity to sneak. She said: "I am innocent, but I will leavs my case in your bands and with my counsel." Justice Dewey then 'barged the jury. He. defined the different degrees of murder and stated tbat the : resumption of Innocence was increased by the defendant's character. There must be a real and operative motive for a crime of this sort. The Judge further charged the jury to weigh the evidence to see whether the defendant's permanent state of mmd showed a motive for tbe crimes. Every material allegation in the indictment must be proved beyond a reasonable doubt, that is to a moral certainty. He compared direct and circumstantial evidence and said that the failure, to prove an essential fact would be fatal, but the failure to prove a helpful circumstance not a - fact might not be. Lizzie's statements about the note were discussed at length, and the Judge 'said they must be satisfied that they were false. Every fact proved must be reasonably consistent with guilt. The Government dii not show that anybody else bad an opportunity to commit the crime, but it most prove the defendant committed It. The jury must reason as to the effect of defendant's conduct and statements. They were not to reach a conclusion from expert testimony, but were lo apply to ita reasonable judgment. They might convict, even if satisfied that the act was done by another party, if they also found that defendant was present aiding and abetting the commission of the crime. The mere fact that defendant did not testify should not influence them against her. . X;-> Judge Dewey, continuing, said that the government claims that these acts come under the head of murder in the first degree. The law says that in order to prove Ibis every claim must be established beyond a reasonable doubt. It is stated that the government presents its case on circumstantial evidence. It is understood by the couil that the governmeritelaimed that the essential fact embraced in the note matter, namely, that she made statements which she knew to be false when she was making them, but contemplates the possibility of there being an assassin. Might he not have come upon her when the note was at liana and removed it as one of the links In the evidence? lv cases of circumstantial evidence, unless every link holds good, the chain is worthless. The jury is asked to bear in mind the supposed fact that there is nothing to connect the defendant with tbe murder as far as outward appearances go. ' -: : ~ At the conclusion of the charge the attorneys consulted a lew moments and then tbe jury was allowed to retire. It was just 4:30 o'clock when the spectators, who bad kept their seats patiently during the retirement of the jury, noticed a movement indicating their return. A moment later the twelve men filed into their seats and were polled. Miss Borden was asked to stand up and the foreman was asked to return the verdict, which he announced as "not guilty." Then all the dignity and decorum of the courtroom vanished. A cheer went up which might have been beard a mile away I "■'■ If ■iiiwiwiMi'iiPii<<y^iiOH_M'ii_ _unM<y'<iiifci"<i||iii hi" "ii land tbere was bo attempt to check it. i Msis ■_.','_ bead went down neon the ' rail in front ol ber and tbe tears cam*. f Mr. Jennicgs was almas: crying whit ■ Mr. I Adams seemed incapable of speech. As soon as .possible lie r6.m was cleared, and wben ite sp«ctatcrs had finally zone Miss Borden was taken to tbe j room of tte Xstjre and allowed so recover ter composure only tte -4-- -.'■ friends j j upon her and only tbe caresses of ber de- j ] voled admirers. At tte expiration of an j boar she was placed in a carriage and j j driven to the station, where she leek tbe I train for Fall River, hot home no . .- i.-.:. probably, bat still ■ .- only otjtctiTe point for tte immediate present. THE CRIME AND ITS MYSTERY. If Lizzie Borden Did Not Commit the Murder, Who Did? Altboagh the trial is endef and a jury bas declared Unto Borden not zuilty of, tbe atrocious double crime with which she stood chareef, titers is about UM case yet a mystery tbat has never boon unraveled, try the most tola analytical minis to unravel it as 'bey may, aod that i: now seems will never bo solved. If Lizzie Borden did ' no: kill her parents, who did? Andrew" D. Borden, a man whose wealth wasestl\ mated at from $a>V£« to $500,000, was found murdered and with hU sad almost cot to ; sees on the lounge in the sittingroom of bis b< ise, on second street, Fail R.v*r, st 11 :C5 o'clock on the morning of Thursday, August 4, ÜB2. When tbe a'artied friends and neighbors regained ; their senses sufficiently to Intend to acquaint bis wife with tbe occurrence they found ber murdered in an almost exactly similar manner, on the floor of the second : story "spare XL," whither she had gone to prepare it for 'he reception of a guest. It appeared, ttcuzh this point was never folly Investigated by the police. that only two people were ii st about th» . boose at the time, namely, Lbs Borden, the dead man's danzhter, and Bridget Sollivan, a servant. Owing to the facts that superior int^llizence was requisite for the concealment of the crime and that the danzhter had not warmly loved, though it could not be shown tbat sbe even disliked her stepmother, and also tba: sbe had teen Impatient of her father's par*irar.Dy, «us- j piciou fell upon Li2zie Bontoa, and Ci'y Marshal Hilliard and District Attorney Knowlton i roseentrd the case on tbe theory of bet guilt. In a secret cross-era ation three days long, when she was de. prived oi counsel and mad«» to tell :he same story over and over again for the purpose of creating discrepancies, the District Attorney succeeded in Baking •-. accused contradict bersell in several particular* and undoubtedly convicted her of on* falsehood. This was when she said that she had believed that bet stepmother was out that ' morning, because she bad pot a note at k- 1 ing her to call on a sick friend. There is no evidence lhat such a note was ever received, and the contention i* that she first told the Story to prevent I er father from going upstairs and afterward «tuck to if. The contradiction* were in own or less important points, such as when she ac- I counted for her own temporary ab«ence from the room where she had been and ( where her father was murdered, by saying bos that 6be bad teen out to the barn to eat s.r.t^rs for a fishing excursion to Marion, and again that she tad been there to get a piece of iron to fix a window. Again she sa d sbe had given her father , his s.itp-rs when he came in at 10:45 from his morning visit to the two banks In \ which he was Interested, while the fact was that be lay 'town in his boots to take the nap from which, ho never woke.- Again, she j said, in response to one question, tbat the j Gshl.nes for w bleb she wanted the sinkers wen at Marion, and, being pressed, tald ; that she had intended to buy new lines. '. If she did cut sinkers in the barn she never produced them nor the piece of lead from whicb they were taken, though had she done to the Di'trict Attorney would have '■ denounced them as manufactured evidence and argued against their admissibility in i court. But It was,, on this barn story, its ; improbability anftofntrsdietions, that the prosecution bore most heavily in arguing for a commitment-.plts was in fact Lizzie Borden's alibi. If slie was not in the burn lbs must have been In th" house, in the ' I very room or the kitchen adjoining it ; I where her father was Bordered, or in the | yard, where she would have seen bis murderer escape. On the point of intent the prosecution ! had one materia! fact, namely, that on tbe ; day before the murders Lizzie Borden had i tried to buy prussic acid in a drugstore at j South Maine street and Columbia avenue, ; Fall River, saying that she wanted it for I the purpose of packing furs. , The fact was that tier furs had been parked for months. Identifications are things In ; which witnesses make many blunders, but j even if Eli Bence, the drug clerk, had been mistaken in bis. it is probable that '■ the woman who asked for the prussic acid i would have come forward and corrected i the error— probable, that is to say, except j on the hypothesis that another murder | was meditated In Fall River that day and never carried out. As to motive the prosecution was very I weak. District Attorney Knowlton dwelt much on Andrew Borden's niggardliness, I which had prevented him from even put; ting a stationary. bathtub in bis house. But murders for money are almost invariably committed for ready money and ; Lizzie Borden had plenty of that — one thousand dollars in bant, a hobse yielding rent, some corporation stock and a very moderate allowance for pocket money of ! $2 a week. She was but 32 years old, and \ before she was 35 her father, who was 70 years old and not robust, was pretty sure | to leave her a fortune, while in a few years more her stepmother's life, then 07 years in being, would end and with it the last barrier between her and her sister Emma and the whole Borden estate. The only evidence that there bad been any trouble In the family, about money matters was that Lizzie and Emma some years before, on the occasion of a handsome gift from their father to their stepmother, prevailed upon him to make over to them real estate | worth £3000, which at the' time of the murders stood in their names. Two blood-stained hatchets were found on the Borden premises, and it was shown on the trial also that shortly after the murder Lizzie had burned a dress which, she i claimed, had been stained by paint. Furj ther, It was in evidence that after she had been held to answer for the crime,. Lizzie Borden received, visit from her sister, and the two had engaged In an altercation during which the accused girl, I seemingly in anger, had used the words: ' "You have given me away, but I will not yield an inch." ' : ■ X <-.; The matron of the jail, who told this story, denied it to several witnesses, though she subsequently swore to it on the stand, and both- the denials and tbe affirmations were in evidence. On'the other hand, Lizzie Borden was a young woman whose moral character was of the highest, and who bad conducted herself In all her thirty odd years of life as would any well-regulated young person In a well-regulated- New England community. Her own* story of _ the murder, briefly, Is as follows: „ . She said that her father complained of not feeling well and that he lay down on I the sofa, sbe ad jailing the pillow for htm ; ' tbat tte fUtiras were net hot enough to iron with and that to pet in the tune while they were heating she. went ent into the back yard. She stopped there for a few moments and picked np some pears which bad fallen to the ground from the trees. : Then she thought she would go into tbe ' barn for seize sinkers for Ler fish line, as she was going to .Marion the next day to fisb. Her father told her tbere were sinkers in a Utile box npstairs in the barn and the went there to get ttem. Sbe bad net been in the barn before in three j j monies. Sbe went upstair.-, tr.rew open the door and stood tr.ere while she ate four pears. Then she looked for tte sinker* and came into tte house. When tte got in she fooad ber father murders: and summer. fed Bridget. On ber cross-examination she was confronted with the fact that sbe had once before said she went to the barn li £-". - niece of iron for her t i.i line and with tbe farther fact that lying in tbe yard close to the tarn doer were pieces of lead with which she could hare made sinker*. Then __. was asked to explain how it was on tha: hct morning sue went to the hottest place on the premises to stand and eat pear*, a place from which, a* she had testified, sbe could not see the yard or anybody who came into it or left it, bat _ could give no satisfactory answer. This, it must be borne in mind, was on tbe. preliminary examination when she was _.*.,_ for murder. The defendant did nr>: go on the stand at the trial, but her physician '.'.-•.. that she was under the influence of morphine when examined, : tte drug given her by himself, and that the eject ot morphine was to produce hallucinations, to cloud the mind and canse a ; person to give confused answers to ques- i tion The medical experts in Boston who ex- : amined the stomachs of the murdered man j and wman testified that in their opinion Mrs. Benton was killed from an hour to an hour and a half before Mr. Borden. They based this belief upon the stages of digestion cf the food in each of tfcelr rton aeba, and it bas come to be the accepted opinion. If that is the case and Lizzie was the murderess, she mist have butchered her ! mother about 10 o'clock— that it at about the time or before ber father went downtown. This Involves believing that with her : mother lying slaughtered upstairs this \ unnatural monster of a girl went ealmlv j about her ordinary household duties: that , ■be chatted and laughed with Bridget- Bridget testified to that— and then took her chancer on Bridget getting out of the way long enoujh to split open her father's head as it lay resting en the pillow, which ibe had smoothed for him to rent upon. It involves also believing that after butchering ber mother, with Bridget about the bouse and apt to come upstairs at any mo- j ment, she was able to make way with her weapon and her blood-soaked garments of slaughter as quickly and deftly as she did after 'he murder of her father. Much stress has been laid upon the fact of Lizzie's wonderful composure after her first incarceration, but tbls, it now seems probable, was rather the effect of morphine than ef natural self-ecu At all events, doting the trial just closed, she; has conducted herself very ranch as an ordinary woman, a trifle less than ordinarily emotional, would have - done o a llkecrisi-. Emotion, strong emotion. is paroxysmal and not continuous. Humanity could not endure the strain if it were. And Lizzie has broken down at several potato* and at several other limes bas only controlled herself by an effort visibly strong. ,7, X !."'. From the first it was apparent on the i trial that the police, having conceived a suspicion of the girl, bent every tat and circumstance to accord with that suspicion. It wa* not co much a case of finding out who the murderer was as of prov- \ ing Lizzie Borden guilty. Every other theory of the crime was rejected. There ; seems to have been even no attempt to in- ; vestigate any other theory or to discover ■ay other solution. Every fact was ! brought out by the police as strongly as possible to tell against her, and this spirit j was so apparent that it worked the de- j struction of the ease of the prosecution. In their hurry to convict the police j rushed in headlong, contradicting ea:'h j other on most material points, until the ! prosecution found itself Involved in a hopeless tangle of something akin to perjury and the verdict of acquittal became almost a foregone conclusion. With that verdict of acquittal comes the old mystery, if Lizzie Borden did not commit the double murder, who did? The assassin, whoever it was, must bave come and gone unseen. At the head of the stairs in the Borden house there is -a closet in which he could have lain concealed. When lira. Borden came upstairs he might have approached ! her from behind in the bedroom where she was found and murdered her. Then he might have hid in his closet again until he thought. there was another opportunity, sneaked downstairs and murdered Mr. Borden as be lay asleep on the sofa, Lizzie being as she said in the barn. _ After that be escapes to the street and goes away unnoticed with his weapon under bis coat. All this of course does violence to a dozen probabilities and enables the murderer to dodge what would seem to be almost Inevitable chances of being caught at his work or seen coming, away from it. But are they any more violated or Jthe . chances taken any greater in this case than they are on the theory that Lizzie Borden did the deed ? ls it any more Improbable that a murderer could have' so acted and escaped than it is that 'Lizzie could have twice transformed herself with ligh niue change rapidity Irom a blood-soaked butcher to a spotless, primly clad young woman, free In the first Instance from all signs of excitement or agitation, and In the second only agitated as a girl naturally, would be who had just discovered her father lying murdered at her feet? ' In whatever way you look at this crime in whatever way you try to picture it and conceive how it might have been done, you have to make up your mind to accept things which are wildly improbable on the basis of any past experience of human action. It is a mere choice of Improbabilities at the best. ■ . — i — • FIGHT THE TRUST. The Distillers of Illinois Not in the War for Fun. Peokia, 111., June 20.— The distillers who have been fighting the Distilling and Cattle-feeding Company, at a conference to-day decided to assist the Attorney-General in every possible way in bis efforts to destroy the company. To further the plan they had their attorney draw up a statement giving ihe history of the organization of the trust In 1870 and this will be sent to the Attorney-General. lafMlfi . .*, Rates to the Fair. New York, June 20.— The general agents of the trunk lines met to-day and decided to recommend to the executive committee of the Trunk Line Association a special rate of one -fare for the round trip. Chicago and return, on special World's Fair excursion trains. H^ftlJlimßL: _; .: — »..«_» — - — Do you ii.r. '■ If so. and you want to kill the perfume of same. chaw White's Yucatan Gum. It will do it in two mlauteaXX of Is bas , tbe • and is ! in then in ye. The A rife. I fied was Maokato the and of his I | of ! two the and his and a his tne the the be and of the citizens leaving ! ! the ; it mill and the the In side undoubtedly t»f mountain the live we ■ old In by the mill for this flew 'who to by ill/ WJMMi

Clipped from
  1. The San Francisco Call,
  2. 21 Jun 1893, Wed,
  3. Page 2

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