A FLIMSY STRUCTURE
First Evidence in the Borden Murder CaseMiss BORDEN was in capital spirits this morning before anyone knew how things
were going to turn out. She was so different from herself on the other days
that she seemed almost another woman. Yesterday her face was blue, and her skin
moist with an unwholesome, shine dampness. To-day she showed a tritle of healthy
color. She had been used to sitting with her chin on her breast, all but motionless,
all day. To-day she held her head up, looking at everything out of bright eyes,
moved her chair about and shifted herself in it quite like any one else. Her
black gloves, which she never takes off, are said to be quite maddening to some
of the women, who want to see what kind of hands and fingers she has got, and
probably would like to make a comparison between her hands and an ax handle.
But just as she was changed, so was the popular view of her. Since her fainting
yesterday she is regarded as being full of startling possibilities. The basis
was the swooning. Many persons, and even one of the newspapers, went so far
as to predict that she would, sooner or later, confess something or other. Others
said she would fall ill, and others that she would soon be taken to an asylum.
The fact is, she had not been regarded as quite human, until her poor nerves
gave away. This happened so suddenly and was so startling, after ten months
of her monotonous stolidity, that people went wild with conjectures.
They also became wild to get in the court room, and when the doors were opened
the room filled up like a tea cup under a running spout.
There were seventy-five members of the fair sex, and they all sat along on the sheriff's side of the room, with that important personage in the middle of the column, to beam at them when they were quiet, and to glare at them whenever they whispered. About half of the women were of commanding rank, and the other half were in calico. The light sprinkling of very swarthy Portuguese girls added novelty to the gentle crowd.
Ex-Governor ROBINSON gave a sample to-day of his ability in his celebrated and powerful role of a cross- examiner. He is simply perfect. It is a delight to hear him, and a joy to see how he can wind the witness around his finger. No exhibition by any of the lawyers had been up to the average until ex-Governor ROBINSON'S first performance to-day. He would be as conspicuous in New York as he is in Massachusetts. He has an insinuating and confidential manner, that would take almost any witness off his fighting guard. With his queer spectacles, which have only half a glass for each eye, poised on the end of his nose, he seems so fatherly, and he has such a friendly and sympathetic air that there is no withstanding him. But, whenever he and a witness are getting along swimmingly, let that witness look out. In two jerks, the ex-governor will make him tell what he does not want to.
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YESTERDAY'S PROCEEDINGS
New Bedford, June 7 - at the opening of the BORDEN trial this morning nearly one-half of the spectators were women. Miss BORDEN entered the room looking as unconcerned and fresh as anyone possibly could under such trying circumstances. After she took her seat Mr. JENNINGS had five minutes conversation with her, and she appeared very much interested and animated, a smile breaking out occasionally as the talk proceeded. The counsel changed locations this morning, so that the defense could be nearer Miss BORDEN.
Mr. KIERNAN, the civil engineer, was recalled. The cross-examination related to the line between the BORDEN and KELLEY houses, the location of the barn, the general outline of the BORDEN house, etc. The evidence of several surveyors and photographers was taken, and then, at 10:10 o'clock, John V. MORSE took the stand. At first the witness watched him carefully with apparent anxiety; then looked on with the same indifference as heretofore. At 10:30 o'clock, on motion of the defense, all witnesses except Reporters MANNING, STEVENS and CALDWELL, Messrs. BUCK, JUBB and HOLMES and those summoned for expert evidence, were ordered excluded from the room.
Mr. MORSE said in his testimony that he visited the BORDEN house on August 3d. He had not seen Miss Lizzie prior to that for four months. Miss BORDEN was not there when he called on August 3d; at least he did not see her while there. He left the house about 3 or 4 o'clock and returned in the evening at about 8:30. He entered by the front door. Mrs. BORDEN let him in. The door was shut after he stepped into the hall. He could not say if it was locked. Mrs. BORDEN went to bed first that night, and he and BORDEN retired at the same time. Before that, he heard some one enter the house and go into Lizzie's room. He slept that night in the guest chamber, the room in which Mrs. BORDEN was subsequently found dead. As he entered the guest chamber, he noticed that the door of Miss Lizzie's room was closed. It was the same when he went down stairs the next morning. When he entered the sitting room on Thursday morning, the door between the sitting room and the kitchen was closed. He breakfasted with Mr. and Mrs. BORDEN, at about 7 o'clock. MORSE left the house at 8:58 o'clock. Mr. BORDEN went out with him. They left by the screen door. He saw Bridget SULLIVAN there. The screen door was fastened on the inside with the ordinary hook and screw eye. When he returned to the house the dead bodies had been discovered. He saw the body of Mrs. BORDEN first.
"I went up stairs," he said, "and under the bed I had been sleeping in, I found Mrs. BORDEN. There was blood on her face. I saw Miss Lizzie BORDEN when I returned."
That was the first time he had seen her since his arrival the day before. Bridget SULLIVAN, Dr. BOWEN and two or three policemen were there. He thought Mrs. CHURCHILL was there too.
Ex-Governor ROBIBSON, counsel for the defense, cross-examined MORSE. The
witness said that on the Wednesday night preceding the murder Mr. and Mrs. BORDEN
were sick.
"Was Miss Lizzie sick?" The question was
excluded.
"Was there a light in the sitting room that
night?"
"I don't think there was."
"Was the sitting room door open?"
"I think it was."
"Was it swung wide open?"
"Yes, it was."
The person who entered the house and went up stairs while he was in the sitting
room did not speak.
Counsel wanted to know something about the spring lock on the front door.
"If you shut the door hard it would lock," answered
witness. "If you didn't slam the door it wouldn't lock. I tried it several
times."
"Before or after the tragedy?"
"After."
On cross-examination Mr. MORSE said he could not tell who took away the hatchets, there was no gas in the house. It was 9:15 o'clock when the person came in and went up stairs on the night of the 3rd.
Abraham G. HART, the next witness, a treasurer of the Union Savings Bank. Mr. BORDEN came into the bank the morning of the murder about 9:30 o'clock. He talked with him for about five minutes he came alone, and when he went out he turned to the right. Witness did not know where he went.
Here Counsel ROBINSON, to save time stated that Mr. BORDEN died intestate leaving property valued at between $200,000 and $300,000.
John T. BURRELL, cashier of the National Bank, in the same building with Mr. HART'S bank, saw Mr. BORDEN in the bank on the forenoon of the murder. He did not know where he went when he went out.
Everett M. COOK, of Fall River, cashier of the First National Bank, saw Mr. BORDEN on the morning of the murder; he did some business with his bank; he came in at 9:45 o'clock, and stayed ten minutes.
Jonathan CLEGG, Fall River, knew Mr. BORDEN about fifteen years, and remembered seeing him on the day of his death at his place of business. When he went out he went south towards the city hall. He left at exactly 10:20 o'clock, by the city hall clock.
Joseph SHORTSLEEVES, Fall River, testified. He said:
"On August 4th I was at work on Mr. CLEGG'S new store,
on South Main street. I saw Mr. BORDEN coming up South Main street from city
hall direction. He entered the front door, went up stairs, came down and went
out. As near as I can remember it was between 10:30 and 10:45 o'clock. Then
he came back, spoke to us, then went up South Main street and turned to his
left."
James MATHER, Fall River, the carpenter who was at work on the new CLEGG store with SHORTSLEEVES, corroborated the latter's evidence. Here the plan upon which the BORDEN house, city hall, South Main, Spring and Second streets were located was shown to the jury and the court, by way of bringing out more clearly the position of the places.
Bridget SULLIVAN was the next witness called. She was the BORDEN'S servant. She is a tall, good-looking girl. She said she was with the BORDENS two years up to mine months ago. There was no other help about the house. After Mr. BORDEN decided not to keep a horse any longer, the barn was not used for anything. She did not know whether the street door of the barn was ever open or not, or if it was locked. Her duties about the house were washing, ironing and cooking. She took care of her own chamber only. The window of her room, she said, looked into the back yard. She remembered the visit of Mrs. MORSE to the house on the Wednesday before the murder. The girl said she had felt well until the Thursday morning that the murder was committed. The day before, on Wednesday morning, she met Dr. BOWEN at the front door. Wednesday evening she spent with a friend of her's. She got home at 10:?5 o'clock that night. There was a lamp burning in the hall, where it had been left for her. She found the back door locked when she returned. She locked it when she came in. There were two spring locks and a bolt on it, all of which she used in making the door secure. She took a drink of milk and went to bed. What she drank of was of Wednesday's milk. She was not sick during the night, but she had a headache when she awoke in the morning. She heard nothing during the night.
The Thursday morning she arose at 6:?5 o'clock. She went down in the cellar
and brought up some wood. She did not go near the wash room part of the cellar.
From where she was she could not see if the door leading from the wash room
outside was open or closed. When she made the fire she left the door between
the dining room and kitchen open. The door between the dining and sitting rooms
was open. It was always so. Mrs. BORDEN was the first of the household to come
down stairs that fatal morning. She was in the sitting room and gave directions
for breakfast. Mr. BORDEN, she said, was the next to appear. He came down the
back stairs. There was a door on the upper floor through which communication
could be had between the front and rear of the house but it was never opened.
When BORDEN started to go outside through the screen door after he first came
down stairs that morning, the screen door was fastened. BORDEN passed out and
into the barn.
At this point a recess was taken.
Mrs. Dr. KELLY, who lives next to the BORDEN house, was called to the witness box after recess. The testimony of Bridget SULLIVAN was suspended and the other introduced at this point because of the illness of Mrs. KELLY. She said to Mr. MOODY that she remembered August 4th very well, and that she started to visit a dentist that morning. As she started, she said, she saw Mr. BORDEN in his yard. He had a package in his hand. He was passing around the house at the time. That was 10:32 o'clock. She took the time from an old wooden clock that had been in the family many years, and was not to be relied upon. In fact, it has since run down for good.
Ex-Governor ROBINSON wanted to know how old the clock was and if it was her grandfather's clock. Lizzie BORDEN smiled at the sally.
Bridget SULLIVAN was recalled. She said that BORDEN picked pears and brought
them into the house in the early morning of the day upon which he was murdered.
At breakfast, she said, were Mr. and Mrs. BORDEN and MORSE. BORDEN let MORSE
out of the house at the screen door, but she did not know whether BORDEN fastened
it again or not. When he returned from the door, BORDEN took a pitcher up to
his room. It was five minutes after MORSE had left that Lizzie BORDEN appeared.
She entered the dining room from the kitchen.
"I asked her what she wanted for breakfast," continued the witness.
"She told me that she did not feel well, but
thought she ought to eat something. She said she thought she would take some
cookies and coffee."
Bridget said she had not seen Mr. BORDEN from the time he went up stairs with the pitcher, until he came to the screen door later when she was cleaning windows. He had gone out before Lizzie came down. Mrs. BORDEN directed her to clean the windows. That was about 9 o'clock. She thought it might have been fifteen minutes after Lizzie came down that she received the directions from Mrs. BORDEN. She never saw Mrs. BORDEN again alive.
Bridget went down in the cellar and got a pail. Lizzie told her she could get water in it out in the barn. She went out there to get a handle for the window brush she had with her. She washed the sitting-room windows first, but saw no one there while engaged thus. While she was washing the windows, Bridget said, she saw no one come to the house. She went to the kitchen to get a dipper, but she saw no one there. While cleaning a portion of the parlor windows she saw no one in the parlor. She did nothing with the screen door when she went to place the window brush back in the barn. Mr. BORDEN came to the front door as she was cleaning the windows on the inside. There were three locks in all on the front door, and all were locked. She fumbled at the lock and became impatient remarking: "Oh, pshaw."
Lizzie was at the head of the stairs on the floor above and laughed at the remark. Mr. BORDEN came in, Lizzie told him that Mrs. BORDEN had gone out, having received a note from someone who was sick. He went up to his room by the back stairs. Bridget continued cleaning the windows in the dining-room. Lizzie came in looking for an ironing board. She told Bridget that Mrs. BORDEN had received a note from someone who was sick and that she, Bridget, should be sure and open the door for BORDEN when he went out.
"When I finished," the witness continued, "I went upstairs and lay down. While there I heard the town clock strike 11. I had been there then about three or four minutes. I stayed about fifteen minutes later."
Mr MOODY asked the witness to describe the dress worn by Miss BORDEN on that morning. She thought it was of light blue material, with a dark blue sprig on it.
"The dressmaker who had made it was the same one that made Miss Lizzie's dresses ever since she had been in the house. She was not sure about the color of the dress."
"Then I heard an outcry," she said coming down to the tragedy itself. "I came down stairs and found Miss Lizzie standing by the screen door, which was open. I did not notice her dress then."
"She sent me for the doctor. She asked ne if I knew where Miss RUSSELL lived. I said I did, and she told me to go and get her, as she could not stay alone. I could not find Miss RUSSELL. I went back to the house and entered by the screen door. Mrs. CHURCHILL and Dr. BOWEN were there. Dr. BOWEN said Mr. BORDEN had been murdered.
"I said, "Lizzie, if I knew that Mrs. BORDEN was at Mrs. WHITEHEAD'S
I would go there and tell her that Mr. BORDEN was very sick."
"She said to me: ‘Maggie, I think I heard her come
in, and go up stairs. Go up and see if she's there."
"I said I did not want to go alone. Mrs. CHURCHILL
and I went up stairs, and there we found Mrs. BORDEN dead."
"How far did you go into the room?"
"I went far enough to see the body, anyhow,"
was the answer.
On cross-examination it was not unpleasant; I never had any trouble in the family, and I liked the place; I never saw or heard anything out of the way in the family relations, and during my nearly three years' of service everything was pleasant. There were times when the girls did not eat at the same table with their parents; most of the time, in fact; they rarely arose when the old people got up; there were times when they ate alone, or separately; Lizzie and her mother always spoke to each other. I heard them all talking in the sitting room that morning, and Mrs. BORDEN asked Lizzie some questions and she answered them civilly and properly. So far as I could see, they lived congenially and pleasantly. I waited on the table when all were there and they conversed usually in a pleasant manner. I don't remember anything about my conversation about Christmas time."
Here ex-Governor ROBINSON asked if she had not stated at the preliminary hearing that there was talk about Christmas time and she replied that she did not remember saying so, nor that "if Mrs. BORDEN was sick Lizzie did all she could for her."
Witness said she had been living since the tragedy with Mrs. HUNT, wife of the keeper of the house of correction. "I was under recognizances to appear here as a witness, City Marshal HILLIARD and Mr. SEAVER being my sureties. I have not seen either Lizzie or Emma since the other hearing, but I have seen Mr. KNOWLTON and Mr. MOODY, saw them last Thursday. I think I have told you here to-day just what I said at the first examination. I say now that when I came in I hooked the screen door."
Reading from previous minutes, counsel showed she said that she did not remember
whether she did or not.
Witness said she was telling the truth as near as she could.
"I now say I did testify to-day that I locked it, but I now say I don't
know whether I did or not."
"Second street is a quiet street. When I was in the
kitchen I was further away from the street than others, so that when Dr. BOWEN
came he saw Mrs. BORDEN; she was ill. There were two keys to the side wooden
door."
Witness was asked again about what she said at the inquest relative to the family eating together, the substance of which was that Lizzie always ate with the family when she was at home and up. Witness said she seldom went into the front parlor of the house; she never went into the bedrooms unless sent there. There is an old bell in Mrs. BORDEN'S room.
"But," said witness, "I do not know whether it is connected with the front door; I never heard it ring. It would be easy enough for anybody to go in at the side door without my knowing it; there were several clocks in the house. I think there was one in the parlor."
Witness was asked what Mrs. BORDEN did on the Tuesday morning before the tragedy, counsel prefacing his question with one as to why she should remember the particulars of Mrs. BORDEN's movements and remarks on the day of the tragedy.
Witness said that when Mrs. BORDEN came down stairs on Tuesday she went into the sitting room, as usual. Asked as to what Lizzie did on that day, she replied that she was not positive.
On the day of the tragedy she saw Mrs. BORDEN go out into the yard. Describing the arrangements in the house, she said there was a closet in the kitchen; she always used it in doing her work; there was a window in the kitchen closet, opening into the back yard, but she did not know whether it was open or not, all the time she was washing windows; that the door was unhooked from 9:30 A. M. until she got through; she had told Lizzie that she need not hook it, because she would look after it; but as a matter of fact she never went near it again until she went in; any person could walk into that door at any time, she said, and she not see him. When at one time she stood back of the house, talking over the fence to the KELLEY girl, there was a chance for any one to come in at the front. During all the morning of the tragedy, witness never went near the front hall until Mr. BORDEN came to the door and she let him in. When she was getting her water in the barn she never saw anybody about, although she could have seen any one who might have been there had she been looking, but she was not watching, she said; she was attending to her work. In walking along the North side from the street the dining room windows are so high, that noisly can be seen, unless the observer is close to the house. Witness could not remember of ever having unlocked the door for Mr. BORDEN before. She repeated that she had not been near the front door that morning.
She heard Miss Lizzie laugh, but did not see her; she was positive of that;
then she saw her come out and talk to her father about the mail; everything
was pleasant; witness could see nothing unusual in Lizzie washing her own handkerchiefs
and ironing them. Witness never watched her movements at all more than usual.
There were flats on the stove and Miss Lizzie put them there. When Lizzie took
her breakfast witness never paid any attention to her; the first she saw of
the flat she could not place to a certainty, and she had not the least idea
what Lizzie was doing while she (witness) went out of the room. The door from
the dining-room to the Kitchen was open. When Lizzie called her to come down
she did so in such a voice that witness asked her what was the matter, and Lizzie
said:
"Come down quickly, Maggie; father is killed."
Asked if she had stated this the same way before, if she had not used the word "dead," witness replied that she could not remember; it was all the same, anyhow; he was dead.
"When I got back," witness said, "from going after the people, I found Mrs. CHURCHILL there and Dr. BOWEN. Lizzie was on the lounge; her dress was free from spots of blood and her hair was not disarranged. I say simply that I saw no one come with a note, but the note might have come to the house and I would not have seen it." Witness said there was something in her mind about which she was not quite clear; the time, especially, was hazy, since she did not notice the clocks about the house.
"When I went up stairs with Mrs. CHURCHILL," said witness, "I went across the sitting room into the hall. Mr. BORDEN was then covered up with a sheet and I did not see him; Lizzie, coming after me, had no more chance to see than I had. On Wednesday morning Lizzie came down stairs and said she was sick all night; I never heard any one of the three up that night. The dress she had on that morning was a light blue; a blouse and a skirt."
On redirect examination witness said:
"Between breakfast and dinner on Wednesday I don't know where Lizzie
was. I understood that I am detained as a government witness, but I have been
permitted to go out and in all I want to. On the night of the homicide I slept
at Mrs. MILLER'S and on Saturday left, as I thought for good."
The question was asked:
"Had Mrs. BORDEN a habit of telling you when she was
going out?" but it was objected to and the witness was allowed to sit down.
At this point the court adjourned until 9 o'clock tomorrow morning. Dr. BOWEN
will be the first witness to-morrow.
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DEATHS AND FUNERALS
-Nellie LONG died last Tuesday at the City Hospital, aged 24 years.
-Edward R., son of John and Magdaline SCHMIDT, died yesterday morning at the family residence, No. 16 Flower street, aged 4 years.
-Marie Alice, eldest daughter of Charles and Emma RECKLIFF, of Brooklyn, died in this city yesterday morning at the home of her grandfather, Martin BARRON, No. 79 Frank street.
-Robert Alexander GORDON died suddenly last Tuesday morning at the family residence, No. 713 East Main street, aged 21 years. He was the son of Harvey D. and Josephine E. GORDON. Notice of the funeral will be found in the proper column.
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MARRIED
AINSWORTH - DAY - At the residence of the bride, 145 East avenue, on the evening of June 3, 1893, by the Rev. Dr. PECK, of North Avenue Methodist Church. Theron AINSWORTH to Miss Cora A. DAY, all of Rochester. No cards.
PEARCE - WHITE - Tuesday evening, June 6, 1893, at the residence of the bride, 174 South Goodman street, Joseph G. PEARCE and Miss Laura M. WHITE.
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DIED
ROCKLIFF - In this city, at the residence of her grandfather, Martin BARRON, 79 Frank street, Marie Alice, eldest daughter of Charles and Emma ROCKLIFF, of Brooklyn, N. Y.
TULLER - At the residence of Robert BROWN, Brooklyn, N. Y., suddenly, May
27, 1893, at 10:30 P. M., Horace TULLER, formerly of this city.
-Funeral was held on Wednesday, May 31st, and the interment took place at
Weedsport, N. Y. New York city papers please copy.
GORDON - In this city, suddenly, at the family residence, 713 East Main street,
Tuesday morning, June 6, 1893, Robert Alexander GORDON, aged 21 years, son of
Harvey d., and Josephine E. GORDON.
-Funeral Friday at 2:30 P. M. Burial private.
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