NEW BEDFORD. June 20-“I want to go home: take me straight home tonight.”
"Tonight?”
"Yes,
tonight, I want to see the old place and settle down at once."
That Lizzie Borden should throw her hands upon the rail, her face upon her hands, and indulge in hearty sobs after the ordeal facing her hand uplifted above her head, the foreman of the jury as he pronounced the words. "Not guilty," was to have been expected.
Nothing
else?
Well, yes. If she were an ordinary woman she would have
cried and cried, perhaps fainted, then smiled and in effective pose
reasserted the habitudes of her sex.
The
difficulty is she is not an ordinary woman she is a puzzle psycho logic.
Presumed by
the law to be innocent, and as it now appears, Judged by the law of the
land so to be, she has lived in the broad glare of red-hot publicity
nearly a year.
Every great
newspaper in the land has had its reporters, its staff correspondents,
its artists and its pests, male and female; watching, searching,
studying, analyzing, photographing, sketching, picturing, and if
possible interviewing her.
They found
texts for columns in her looks, her hearing, her method of speech, her
personal habits, her ability to sleep, her fattening process, her
approaching trial and everything connected with her.
The great
Beecher used to say that a public man could not blow his nose on his
own doorsteps without its report being echoed throughout the entire
city, and so it has been with Lizzie Borden, whether she washed her
face, wiped her eyes, blew her nose, puckered her mouth or raised her
hand, whatever she did, wherever she went, she was an object of
curiosity and unmitigated assault by the gossips of the time.
During all
this period, to use a vulgarism, she has not given herself away once,
by which means she has done nothing which might reasonably have been
expected from an ordinary woman in her trying and embarrassing
circumstances.
She is an
abnormality, but she does not look it nor would one have the right to
so judge her, were nothing known of her beyond the simple Christian
life she led down to the moment of her arrest.
In works of
good repute she passed her time. A member
of the band of Christian Endeavor she visited those in prison and
comforted her kind in trouble. A manager
of the Fall River hospital she visited the sick, and gave not only
words of cheer and cups of cold water, but her presence and individual
interest to her brothers and sisters of low degree.
The bible
class, the Sunday school and the prayer meeting were about the most
exciting of her pleasures and she grew to woman's estate the favorite
of a hard natured, close fisted, money saving, but daughter loving New
England miser.
Womanly
traits and Christian qualities were the only developments of Miss
Lizzie Borden's character, save such petulance’s and outbursts of
temper as are natural enough in every household in the land and might
well be looked for in a home where a father of the Borden type had
taken to himself a second wife, thereby furnishing to his daughters a
stepmother of the Mrs. Borden type.
Who says
all this? Not the police, not the state
detectives, not madam rumor or dame gossip.
But who
does tell it?
First the
jury, her sister and her uncle. Next the
pastor of her church and the city missionary, to whom she often went
with contributions of money and that which sometimes costs us more than
money, personal presence and individual interest. Then
come the neighbors and the church folk.
Just here a
point. It would have done you women who
read this story, heart good to have seen the women of Fall River on the
stand for the first time in their lives testifying to their love and
confidence for and admiration of this young Christian woman, flesh of
their flesh in the church bone of their bone in the good works which as
one good old lady naively expressed it, “naturally interest our young
people."
No one
could have studied, as I did, The contrast afforded by the witnesses
for the prosecution, and the men and women called by the defense,
leaving out of consideration obviously the experts whose testimony was
negative, if not almost entirely substantiating the claims of the
defense.
Police
marshals, police captains who had been promoted from patrolmen through
the year, police medical examiners, and Policemen of every possible
grade furnished the contradictory evidence for the prosecution,
handicapping the climax with the matron of the station house.
In all my
experience, which includes attendance upon the chief criminal trials
since the famous Burdell murder, somewhere in the later 50’s, I have
never seen a prosecution so handicapped, first by the
crime, abnormal and extraordinary in its character: second, by the
absolute barrenness of direct proof: third, by the contradictions of
its own witnesses and fourth, by the utter impassiveness and stolid
self reliance of the accused party herself.
The opening
of Dist. Atty. Moody was not only in ingenious, but clean-cut,
admirable in delivery and effective, while the closing plea of Dist.
Atty. Hosea M. Knowlton entitles him to rank with the ablest advocates
of the day.
It is fair
to remember that it is much easier to assault than to defend and in
forming an estimate of ex Gov. Robinson's interesting and convincing
plea for the defense, it must be remembered that after he had
re-exposed the police officers in their great act of tumbling one over
the other, of riddling the matron because of her unnecessary and
ridiculous story, there really was little left for him to do beyond
those glittering generalities of which Rufus Choate, the master of
pyrotechnic oratory was so fond.
Now and the
during the somewhat unnecessary details indulged in by her own counsel
Lizzie Borden shed a furtive tear and when Chief Justice Mason, to whom
she looked almost hoping against hope for exclusion of the inquest
testimony sustained the position taken by ex Gov. Robinson, overcome by
joy and recognizing the full horizoned significance of the aid her case
had received, she broke down, and for two or three minutes indulged in
the luxury of a first-class cry.
With these
exceptions the defendant has sat as motionless, as expressionless and
apparently as uninterested as a wooden Indian.
Therefore I
say she is, as counsel on both sides have characterized, woman of
extraordinary mentality and unusual self-control.
In view of
her life, as pictured by the solid men and women of the city of her
residence, all this seems strange. Yet the
fact is she was always peculiar in her ways, as was shown by her
selection of old Mrs. Russell, for instance, as an intimate, and the
further fact that she never cared at all for the society of men, old or
young.
Yesterday
was a corker. Today knocks sunspots out of
it.
I never
suffered so much from literal heat as I did in the courtroom today,
although appropriately clad and provided with all the creature comforts
that a freely spent fortune could procure.
The jury
were on their mettle. They had listened
courteously to ex Gov. Robinson and to Dist Atty. Knowlton the day
before, but by the exercise of a God-given intuition they felt in their
bones that this day was their last, and bore themselves in their best
bibs and tuckers like men and brethren conscious of the heavy
responsibility resting upon them. Libby was very pale, but
self-contained, as usual, and having riveted her eyes upon Dist Atty.
Knowlton accepted every blow without a flinch and endured to the very
end like a. woman of pluck and grit and tremendous self-reliance.
Mr.
Knowlton has had a tough time in various ways the past month. He has had severe and dangerous sickness at
home: he has held the laboring oar in this great case. He has seen,
little by little, how unstable and unsatisfactory were the men and
women upon whom he depended. He felt, right or wrong, that the dress
handed to him from the Borden house was not the gown he wanted. and he
knew that a great wave of popular disgust with a verdict obtained by
circumstantial evidence in New York in the cases of Carlyle Harris and
Dr Buchanan had swept thoroughly over the entire country as to affect
very seriously the chances for conviction.
I never in
my life was so impressed with the outrageous point to which modern
habit has brought the state's attorney in his desire for conviction as
in this admirably managed trial. In other days, when accused persons
were not defended by paid counsel of their own choosing they were safe
in the hands of the lawyers of the commonwealth, and his sole idea was
to ascertain truth, and nothing but the truth.
The modern
practice which enables wealthy people to hire lawyers for their defense
and leave courts to assign lawyers to defend people too poor to hire
them for themselves is responsible for the feeling which district
attorneys now invariably have, that no verdict against the prisoner is
a victory for them, while a resultant not guilty is a defeat for the
county or the common wealth.
This was
noticeably shown in the present instance, and with the same pride of
bearing, the same pride of bearing, the same earnestness of purpose,
the same tremendous potentially which we find displayed in the engine
No. 999 on its 20-hour trip from New York to Chicago was superbly
developed in that magnificent specimen of God's handiwork. Hosea M.
Knowlton, today.
Ordinary
men like you and me can understand how nerve pure and unadulterated
could enable a guilty man or even woman to bear up with defiance
against any accusation. Here, however, was a young woman, short and,
although stouter than she was a year ago, fragile and delicate, who
never flinched nor quailed but looked her accuser and her assailant
straight in his flashing eyes.
Mr.
Knowlton ridiculed the Story of the barn and her being in the hay loft
on a brutal day in August and made unquestionably a good point when he
asked: "Where is the bit of iron with which to fix the door: where is
the sinker with which to go a-fishing"
I was not
pleased with Mr. Knowlton's frequent iterations of his desire to
remember at all times that the defendant was a woman, his desire to be
truthful and his appeal to heaven to do something dreadful to his, arm
and seriously embarrass his tongue if he were to be in any sense unfair
or prejudiced in the conduct of his case. In
other words, be protested too much, a fault most grievous when viewed
in the light of his otherwise magnificent work.
He appeared
chagrined and mortified to find that he had been fooled by the defense
or misled by the police about the dress that Miss Lizzie wore on the
fatal day.
He was
evidently convinced that she wore the Bedford cord and subsequently
burned it, and in accounting for the fact that the police did not find
the dress at the time of their thorough search, he said they were not
especially careful, because they believed they had the dress they
wanted in their possession.
He thought
no one would hesitate a moment as between Lizzie Borden and Alicia
Russell, insisting with great show of earnestness that Miss Russell was
a woman with a conscience, and when with great impressiveness he said,
turning to the jury, "You saw her.” A smile ran through the courtroom
and one irreverent member of the bald-headed club remarked. “We did."
Mr.
Knowlton hurt his case seriously by drawing unnecessarily a contrast
between Lizzie Borden and Bridgett Sullivan, the rich and the poor, the
mistress and the maid, the educated and the uninformed.
It was
unnecessary, because Lizzie Borden has no better friend than Bridgett
Sullivan, and no witness on the stand did so much as Bridgett to help
the cause of the defense, who sought to persuade the jury that the
house was not the home of hate and malice, when she testified that in
all her term of service she heard no quarrels and witnessed no
disagreement.
During the
recess a large pile of letters were banded to Lizzie by Sheriff Wright,
some of which she read smelling bottle and fan in hand.
It was
uphill work for the able district attorney, and sweltering spectators
regarded him with curious interest, such as is manifested when a strong
man bursts chains that are bound about the muscles of his arm or a
thousand pound weight is lifted by the teeth by the woman of the iron
jaw.
His
contention that the story told by the matron was told in Lizzie's
interest was so manifestly grotesque as to make even the police
officers smile. Mrs. Reagan did not care a
rap for Lizzie or any body, else; what she was thinking of was her own
bread and butter.
The ax and
hatchet theory was then exploited, and he took them up one by one,
literally, as he subsequently did the skulls metaphorically, protesting
with a weakness of voice that it disturbed his sensitive nature to be
compelled by the strict mandate of sternest duty to talk of such horrid
thugs in the presence of a real born lady.
He made a
strong analysis of the story of the note, its non-confirmation and
importance to the case, and closed with an eloquent peroration praising
the evidence produced by the prosecution as all array of impregnable
facts.
It was an
extraordinary spectacle. That Lizzie Borden sat on the edge of her
chair leaning forward and listening with breathless anxiety, you may
well believe.
The judge's
charge was remarkable; it was a plea for the innocent. Had he been the
senior counsel for the defense making the closing plea in behalf of the
defendant, he could not have more absolutely pointed out the folly of
depending upon circumstantial evidence alone. With matchless clearness
he set up the case of the prosecution point by point and in the
gentlest and most ingenious manner possible knocked it down. He started
with a definition pronounced and emphatic of the defendant's position
before the law, an. innocent woman with every inference in her favor,
showed the value of her exceptional Christian character and unmasked
the absurdity of her pretending that her stepmother had received a note
if she had not received one, embarrassing herself with an unnecessary
and burdensome lie. He assumed that it was not impossible for some one
other than Lizzie to have committed the murder, and then instructed
them that they had no right to pronounce an accused prisoner guilty on
circumstantial evidence unless they were convinced beyond a reasonable
doubt that she did the deed and that no one else could have done it.
The dear
old fellow went on in this strain for an hour, until I began to fear
that there would be another side to it presently, which would put a
very different face on the matter, but I was mistaken, for like the
saints he continued to the end, throwing bombs of disheartenment into
the ranks of the prosecution, and causing smiles of joy to play about
the lips of Lizzie's friends.
And hers
too?
Not a smile. Not a tear.
Simply sat
she there, giving every evidence of intelligent observation, but not a
sign that indicated either joy or apprehension.
I doubt if
ever there was such a charge before. On
the other hand there was never such a case before.
There was never a prosecution so handicapped before. There never was such a defendant, and so far
as I know there never was such a day of brutal discomfort as this now
verging on the midnight hour.
To make a
long story short lets get at once to the end. The
jury had been out one hour and a half, but so confident were the people
of a verdict that very few of the spectators retired.
Word was
brought to the sheriff that a verdict had been reached.
The judges took their seats, the jury stood before them.
Clerk Borden-Lizzie Andrew Borden, stand up.
The little
woman in black obeyed the mandate of the court and every eye was
fastened upon her.
Clerk
Borden-Hold up your right hand, look upon the foreman; foreman, look
upon the prisoner. Have you found a
verdict?”
Foreman-We
have.
The clerk
then handed a document to the court and it was handed back to the
clerk, who restored it to the foreman.
All this
time Lizzie stood there a monument of patience, a pillar of
self-reliance, her eye fastened upon the foreman.
Clerk
Borden-What Is your verdict?
Foreman-Not
guilty.
At once
there rose so wild a yell that every prisoner in his cell could hear it.
Lizzie sank
into a chair, rested her hands upon the rail, her face upon them, and
cried her second cry of joy.
She was no
longer friendless. Her sister, her counsel, the women in the courtroom,
all the men from everywhere rushed to greet her, and burying her head
in her sister's arms, she said: "Now take me home, I want to go to the
old place and go at once tonight."
I had a
brief conversation of congratulation and satisfaction, but it was such
a talk as would only naturally pass between a woman relieved but a
moment before from a terrific strain and one who felt it to be the
privilege and duty of a man to congratulate her on the changed
condition of affairs.