Lizzie A. Borden Indicted.
Contrary to the expectations of a great many people, Judge Blaisdell
held that Lizzie Borden was “probably guilty” of the murder of her
father. She was not tried nor accused of the murder of her stepmother;
all that the State desired was to hold her to await the action of the
grand jury of Bristol County. The prisoner was transferred to the
county jail at Taunton and delivered into the keeping of Sheriff Wright
and his wife. The latter, the matron of the institution, formerly lived
in Fall River, where she knew the Bordens very well. The accused was
therefore in the hands of the kindliest of persons who undoubtedly
made her stay as pleasant as it was possible under the circumstances.
She was allowed certain privileges, and for the most part occupied her
cell as an ordinary prisoner. Her sister Emma, Rev. Mr. Buck, Rev. Mr.
Jubb and her lawyers made frequent visits to the jail. Her life in the
county bastile was that of the other inmates, and nothing happened
until November, to attract to her more than passing interest. The
newspapers made frequent reference to the case, but as she never read
the daily papers she was not disturbed by them. One New York newspaper
printed a magnificent “fake” interview which its representative was
supposed to have had with the accused, and ever and anon there would
appear something to awaken interest in the case. The grand jury,
composed of twenty-four men, assembled on November 7th to consider the
criminal cases in Bristol county. The Borden case was reserved for the
last. The greater part of the week ending November 21st, was devoted to
this case. The State submitted most of its evidence and the District
Attorney established a precedent by notifying Attorney Jennings that he
would be allowed to present to the jury the evidence for the defense.
This meant that Mr. Knowlton was so manifestly fair in conducting the
case in the grand jury room, that he was willing and anxious that the
jury hear not only the evidence against Miss Borden, but the testimony
in her behalf. If after hearing both sides the jury found her not
guilty, he would be well satisfied, and if on the other hand she was
found to be guilty he would be equally satisfied. On the 21st the news
of the adjournment of the jury without action in the case was heralded
throughout the land. No one seemed to know what it meant, but almost
everybody had a theory. Very few of these theories were alike, and
perhaps none of them were correct. The grand jury simply adjourned
until December 1st, and that was all the public knew.
On the day set, it convened again and the State presented more evidence.
Miss Alice Russell, an important witness, reappeared voluntarily, and
relieved her mind of a few facts which it is said, had been forgotten
or overlooked at the time of her first appearance.
The next day, the 2d of December, the grand jury returned three
indictments against Lizzie Borden. One charged her with the murder of
her father, Andrew J. Borden, another charged her with the murder of
her stepmother, Abbie D. Borden, and the third charged her jointly with
the murder of both. At the time the vote was taken on the question
of her indictment by the jury there were twenty-one members present.
Of these, twenty voted “yes” and one voted “no.” So it happened that
twenty men had said upon their oaths, after having heard the evidence
impartially given, that Lizzie Borden was guilty. There were thousands
of people who had maintained all along that the Fall River police, the
Medical Examiner, the Judge of the District Court and the District
Attorney had labored in vain, and that the grand jury would fail to
find a true bill; but alas for those good people who had traduced the
City Marshal’s character, yes, assailed his honesty of purpose and
doubted his capabilities, and in some instances gone even further—his
acts as well as those of his associates had been endorsed. It was
an hour of triumph for them even if it was one of sadness for the
prisoner’s friends.
The criticism of the City Marshal assumed various and in many instances
unique forms. One instance will suffice to show to what extremities
a few foolhardy editors carried their prejudices. An afternoon
newspaper published in Worcester, Mass., inflicted upon its readers a
screed worthy the ablest efforts of a Chicago anarchist. It printed
an editorial, at the time of the cholera scare in New York, in which
it expressed a desire that the Asiatic pestilence would come up
Narragansett Bay and destroy every man connected with the prosecution
of Lizzie Borden. It drew a pen picture of the dread disease in the
act of purging the city of Fall River of such men as would dare to
insinuate that the young woman was guilty. Then it sat back on its
haunches, that editorial, and chuckled with goulish glee at the
prospect. Looking at this case in the light of the action of the grand
jury it would seem that the author of that editorial was a trifle
hasty. This was an extreme case, and yet there were many instances
wherein a similar sentiment was expressed.
Miss Borden remained in Taunton Jail until the 8th of May, 1893, when
she was taken to New Bedford, Mass., and arraigned before Judge J. W.
Hammond of the Superior Court to plead to the indictments. Her plea on
each charge was “not guilty.” The date of her trial was set for June
5 following, to take place in New Bedford—and she was taken back to
Taunton. Meanwhile, Ex-Governor George D. Robinson was retained to
assist in her defense. Her arraignment created anew public interest in
the case and a few days later the news was sent out from Taunton that
she was very ill with a cold contracted on the journey to and from New
Bedford. Still another story was circulated to the effect that her mind
was weakening under the great strain and worry, but it was promptly
denied the next day.
About this time Mrs. Mary A. Livermore paid the accused a visit and was
accorded an interview at Taunton Jail. The next day New England people
were treated to a very pathetic story over the name of Amy Robsart,
which was contrary to the report of Miss Borden’s mental condition.
Mrs. Livermore had told Miss Robsart and the latter had painted the
picture.