Early News

New Bedford, Mass., June 5 - Before a stern and grim-looking bench of judges as ever sat in Puritan New England of old, Miss Lizzie Andre BORDEN was put on trial for her life in the court in New Bedford this morning. She had been occupying the large and rather comfortable room of the matron in the house of correction. She was taken along the two short blocks to the court house in a closed carriage at about 10:45 o’clock. A little crowd had gathered to see her. It was a crowd mainly composed of well-dressed women and young girls; a crowd that added picturesqueness to the beautiful neighborhood of grand residences and park-like gardens.

The prisoner hurried into the court house closely attended by Deputy Sheriff KIRBY, who is detailed as her escort or guard. When she entered the little court room the three judges were not there, but on the bench were two vases of carnations, one of dark red blossoms, as if suggestive of bloody guilt, and one of pale pink flowers, that might typify maidenly suffering. Those who saw Miss BORDEN for the first time were very much astonished; her newspaper portraits have done her no justice at all. Some have made her out a hard and hideous fright and others have flattered her. She is in truth a very plain-looking old maid. She may be likened to a typical school “marm,” plain, practical and with a face that shows the deep lines of either care or habitual low spirits, and the transitory marks of a recent illness.

The spick and span little court room is divided in half; the rear for the public and the fore-part for the actors in its legal dramas and tragedies. This division is made by a rail inclosing a space for the counsel. Between those two railings sits this wretched prisoner. The little fifty-year old court-house, like a toy building in its setting of greenery and blossoms, is neat and clean with the associative cleanliness of everything in New Bedford. Its one court room on the second floor is also kept “ship shape and Bristol fashion,” as the sailors would say. Its drab-colored wall are framed with white woodwork, and fluted white columns sustain its arched ceiling. Its ten windows look out upon as much foliage as if it were in the woods. Through these embrasures come the mingled perfume of wistaria and magnolia blossoms. Occasionally, too, the lowing of a cow sounds louder in the court room than the proceedings of the lawyers. A picture of a dead district attorney tries hard to relieve the severe plainness of the place. The floor is all carpeted and yawning spittoons are set about it.

When the proceedings began this morning, it was seen that the judges, the lawyers, the sheriff, and most of the attendants were, in the main, a white-haired lot of citizens. After the judges had seated themselves the sheriff in his shad-bellied blue coat, with brass buttons, got himself and his blue-coated deputies in their proper places, and then the blue-coated crier arose. The crier is a physical echo of General SHERMAN.

“Hear ye, hear ye,” said the old man, from his place beside the jury box. “All persons having anything to do before the honorable justices of the superior court, now holding in New Bedford, within and for the county of Bristol, for the transaction of criminal business, draw near give your attention and you shall be heard.” Then he paused and cried again.

District Attorney KNOWLTON then informed the court that the attorney-general found himself in such poor physical condition as to make him fear to undertake to appear in this court, and Mr. KNOWLTON said that he concurred in that judgment. The attorney-general had assigned Mr. MOODY of the Eastern district, to Mr. KNOWLTON’S assistance, and that gentleman trusted that the court would give its consent. The square headed, eagle eyed chief justice then addressed the lawyers and the 150 talesmen of the jury panel. These talesmen by the way, practically made up the audience of the court room.

The chief justice was narrowly watched and listened to while he delivered his address, for a great many persons were newly making his acquaintance. They noted that he spoke very carefully, firmly and distinctly, enunciating each syllable separately and rolling his eyes a little. Nothing was more apparent than the kindliness of his tones. It was evident that, grim as he looks, Miss BORDEN will find in him all the sympathy and gentleness that is compatible with justice. The old clerk, Simeon BORDEN, then called his namesake, the prisoner, to the bar. He is as neat and sleek as a typical Sunday-school superintendent. This is how he prepared the first cruel ordeal for the Imprisoned woman:

“Lizzie Andre BORDEN,” said he “you will now step to the bar to be tried by twelve good men of the commonwealth. If you object to any you have the right to do so as they are called. You have the right to challenge twenty-two of them, and as many more as you can show good cause for.” Lizzie BORDEN listened to what the clerk had to say, and when he had finished she bowed very slightly and sat down. Then with a break for dinner the examination of the jurors went on.
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The Jury Obtained

New Bedford, Mass., June 5 - At an early hour this morning every available shady spot on County street near the court house was occupied, and patiently the sitters and standers waited until the bell on the court house was tolled, signifying the opening of court. Deputy sheriffs guarded the entrance at the front and New Bedford policemen were at the rear. The talesmen began to file into their places at 10 o’clock and at 11 o’clock all were there and were checked off, given numbers by the clerk and awaited the coming ordeal with becoming fortitude. At precisely 10:58 o’clock Miss Lizzie A. BORDEN, the prisoner, came slowly into the room, preceded by Deputy Sheriff KIRBY, and was shown to her seat in the dock. She was attired in a very becoming costume of black brocaded stuff and wore a pretty shade hat relieved by a touch here and there of blue. As she passed the bar inclosure, Mr. MELVIN, of Adams, of counsel for the defense, stepped to the rail and bowed to her, but Lizzie, while acknowledging the salutation with a slight inclination of the head, never raised her eyes to his, and passed on slowly beyond to the dock. Every seat in the room was occupied by talesmen and newspaper men, no outsiders being admitted up to that time, and within the box inclosure were a few of the prominent men of the county who had been accorded seats by courtesy. The seats of District Attorney KNOWLTON and Mr. MOXEY, his assistant, are by the rail near the lower end of the jury box and directly facing the witness stand; the seats of the counsel for the defense are at the left of this, slightly quartering and nearer the center of the inclosure.

At 11:05 o’clock the court house bell sounded, but there was no movement on the part of the court except to call Mr. MOODY into the room of the justices, where, with the district attorney, a short consultation was held. Meanwhile, Messrs. ADAMS and JENNINGS sat at their table, nervously toying with their moustaches, anxious for a beginning.

Court came in at precisely 11:27 o’clock, Chief Justice MASON taking the center seat, with Rev. M. C. JULIEN of New Bedford, who had been selected to make the opening prayer, on his extreme left. As soon as they were seated Deputy Sheriff Thomas W. BURMAN was instructed by Clerk BORDEN to make the usual proclamation to the talesmen, after which the clerk called them in alphabetical order. Seven minutes were thus taken up, after which a brief prayer was offered, Miss BORDEN standing. Then the district attorney conveyed officially to the court what has been well known for a week or so, that the attorney-general will not be here to attend to his duty and that William H. MOODY, district attorney of Essex county, would act. He gave to the court the additional information in a very formal manner, that Lizzie Andrews BORDEN had been indicted for the murder of her father and step-mother, and that he had the honor to move for the impaneling of a jury for the trial of the cause.

Chief Justice MASON then addressed the talesmen as a body, stating he should be obliged to put certain questions to them, as they came before the court, relative to forming opinions, their basis or prejudice, etc. he cautioned them that all of their answers must be given under oath. The clerk was then directed to proceed with the impaneling of the jury.

Miss BORDEN was asked to stand up and was told of her right to challenge. The first was Ansel G. BAKER, of New Bedford, who said he did not think any evidence which could be produced would induce him to change his mind, and he was told to step aside. George WINSLOW, of Mansfield, followed. He had no bias or prejudice, but was not acceptable to the defense. Miss BORDEN claiming her challenge under direction of Mr. JENNINGS, in a clear voice.

Outsiders speculated as to the nature of the point raised by Mr. JENNINGS, and as volumes of court decisions were passed to the bench and diligently perused in various parts by the justices, a buzz of anxiety went about the room. The court then read from the paper questions as to whether the juror had read the testimony of the preliminary hearing, and as to how he had expressed himself in regard to the case. It was simply a series of questions somewhat different from those propounded by the court, and the discussion was as to whether the questions should be put. That the court did so, shows that the questions were allowed. The substance of them was to see whether the juror had even said he believed the prisoner guilty and that he wanted to go on the jury for the purpose of convicting, and as to whether or not he was a client of the prosecuting attorney. Mr. KNOWLTON made no objections to the questions being put, but claimed the right to put a similar question as to the last to any of the jurors the defense challenged. The examination then proceeded at length. William F. DEAN, Taunton, was the second juror chosen. John WILBUR, Somerset, the third; Frederick C. WILBUR, Rainham, the fourth, and Lemuel K. WILBUR, Easton, the fifth.

Recess was then taken.
After recess William Westcott SEEKONK, was selected as the sixth juror and Lewis B. HODGES, Taunton, as the seventh.
Augustus SWIFT, New Bedford, was sworn in as the eighth juror; Frank E. COLE, Attleboro, was selected as the ninth; John C. FINN, Taunton, was accepted as the tenth; Charles I. RICHARDS, North Attleboro, made the eleventh. Allen H. WARDWELL, Dartmouth, stood indifferent, was not challenged, and was sworn as the twelfth juror at 4:45 o’clock.

The quickness with which the jury was impaneled was a surprise to everybody, even the counsel, and they were somewhat unprepared. The hour was so late that the court was adjourned until to-morrow morning at 9 o’clock. The jurors who were drawn and rejected were excused from further attendance.
District Attorney KNOWLTON is of the opinion that at least three weeks will be required now to finish up the trial, provided there are no set backs. Charles I. RICHARDS, of North Attleboro, was appointed foreman of the jury.
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DEATHS AND FUNERALS

-Nellie WILLIAMS died last Sunday aged 27 years.
-John SCHLOSSEN, aged 65 years, died yesterday at his home, No. 39 West avenue.
-Anna FAY died last evening at the family residence, No. 183 Clifton street, aged 25 years.
-Etta J. BURLEY, formerly of this city, died June 2d in Tacoma, Washington, aged 18 years
-Kenneth McLENNAN died last Saturday in Topeka, Kansas. He was formerly a resident of this city.
-Miss Daisy A. SMITH, daughter of William H. SMITH, of Parma, died, last Sunday, aged 21 years.
-Julia, wife of Ernest GRUENEMY, died last Saturday at the family residence, No. 179 Scio street, aged 48 years.
-Anna DONOVAN, daughter of William and Mary DONOVAN, died yesterday morning at Charlotte, aged 25 years.
-Mrs. Frances C. CORRIS, wife of W. W. CORRIS, died yesterday morning at her residence, No. 13 Swan street, aged 33 years.
-William BURGESS died at the City Hospital last Sunday morning, aged 56 years. Notice of the funeral will be found in the proper column.
-Rose RICHARDSON, daughter of George and Anna RICHARDSON, died yesterday morning at the family residence, No. 10 Austin street, aged 18 years.
-Captain HENDERSON has ordered the members of the Eighth Separate Company, N. G. S. N. Y., to meet at the arsenal at 7 o’clock to-morrow morning to attend the funeral of their late comrade, J. MYNOUGE.
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DIED