Fifth Day of the Trial.
The forenoon was devoted to an exhaustive cross examination of Mr.
Fleet by Mr. Robinson. Captain Philip Harrington was the next witness.
“I was at dinner on the day of the tragedy, and it was 12 o’clock when
my attention was first called; I went in by the front gate, along the
north side, and went in at the north door; I saw Mr. Sawyer at the
door; I didn’t see Lizzie there, but there were some ladies and some
officers. I asked a question or two, and was directed to the sitting
room, where Mr. Borden’s body was on the lounge, covered with a sheet;
I looked at the face, but could not recognize it; some of the blood
was very dark, some very bright; it all had a fresh appearance, and
as I stood there a small drop came down the side of his face; when I
was there one or two persons stood beside me; then I went up to the
room where Mrs. Borden’s body lay; I saw the body when I was on the
stairs, my head being just on a level with the floor. I went in, looked
at the body, saw blood on her dress, on the pillow sham, and some on
the spread. The blood was quite dark; then I went out and met two
officers in the doorway; in the doorway on the east I looked and saw
Miss Russell and Lizzie; I had a conversation with Miss Borden, asking
her to tell me all she knew, but she said ‘I can tell you nothing at
all;’ she said her father came home from the post office with a small
package in his hand; ‘I asked him if he had any mail for me; then I
went out in the yard, and into the barn,’ saying she had heard nobody
in the meantime; she said she was up in the loft. I asked her if the
motive was robbery and she said no; everything was all right, even to
the watch in his pocket and the ring on his finger; I asked her if she
had any reason to suspect anybody. ‘No-o-o, I have not.’ Said I, ‘Why
hesitate?’ ‘Well,’ she said, ‘a few weeks ago father had angry words
with a man about something.’ ‘What was it?’ ‘I don’t know, but they
were very angry at the time, and the stranger went away.’ ‘Did you see
him at all?’ ‘No, sir: they were in another room—but from the tone of
their voices I knew everything wasn’t pleasant between them.’ ‘Did you
hear your father say anything about him?’ ‘No, sir. About two weeks
ago he came again. They had a very animated conversation, during which
they got angry again, and I heard father say, ‘No, sir, I will not let
my store for any such business.’ But before they separated I heard
father say, ‘When you are in town, come again, and I will let you know
about it.’’ She was dressed in a plain—or in a house wrap, striped in
pattern, a pink and light stripe alternating—pink the most prominent
color or shade. On the light stripe was a diamond figure formed by
small bars or stripes, some of which ran parallel with the stripe and
others biased to it, or diagonally. It was fitted to the form on the
sides, standup collar, plaited on the sides and closely shirred in
front.”
Captain Harrington’s testimony was a comprehensive story of what he had
seen and heard at the house on that day.
Captain Patrick H. Doherty said that he heard of the murder at 11:39,
and went direct to the house, overtaking Deputy Sheriff Wixon on the
way; both went in together; witness described going into the house and
his wanderings about it; he was asked to state what Dr. Bowen had said
about the body before he (witness) examined it, but the court ruled the
question out as being incompetent. “Mrs. Borden, when I saw her, was
lying face down with her hands up over her head; the head was close to
the wall, six or seven inches away; I lifted the head and looked at it;
the furniture in the room wasn’t disturbed, that I remember; on the
floor was a bunch of hair, as big as my fist, which appeared to have
been cut off; the first time I went there I didn’t see Miss Borden,
Miss Russell or Mrs. Churchill. During the afternoon I saw Miss Borden
in the kitchen; I asked her where she was when this was done; she said
it must have been done while she was in the barn; she said she heard no
outcry or screams, but she did hear some noise like scraping; then I
had some talk with Bridget and Mr. Mullaly and I went about the house
and looked it over pretty thoroughly, going into a room we found open,
and then we went down cellar where Mullaly and I found a hatchet. I
think it was a claw-headed one. Then I went out in the yard and then to
the office; I saw Miss Borden in her room that day before I went away;
I went to her room and she came to the door and said ‘One minute,’ and
went in and shut the door; It was a minute before she opened it; we
looked about the room; when she was down stairs I thought she had on
a light blue dress, with a small spot, and there was a ‘bosom’ to the
dress. On Friday morning Lizzie had a talk with Bridget about the back
cellar door; she asked ‘Maggie’ if she was sure the cellar door was
fastened, and ‘Maggie’ said she was.”
Officer Michael Mullaly said he was sent to the Borden house and
arrived there at 11:37; he looked at his watch and fixed the time thus;
“I saw Miss Borden and she told me she was in the yard and when she
came in he was dead on the sofa; she told me what property her father
had on his person. I asked if there were any hatchets or axes on the
premises, and she said Bridget Sullivan would show me where they were;
Officer Doherty searched the body and found things as Lizzie had said
they were.” Witness described at length his search of the premises.
On cross-examination he testified to finding a hatchet handle in the
cellar box. District Attorney Knowlton, on being asked for this extra
piece of handle, said he did not have it, and this was the first time
he had ever heard of it. Mr. Fleet was recalled and asked about the
broken handled hatchet, where he found it and what else he found. He
said he found nothing in the nature of a piece of wood with a new break
in it. This created a decided sensation. Charles H. Wilson, a police
officer, testified that he went to the house about 1 o’clock on the
afternoon of the 4th; heard the talk between Miss Borden and Mr. Fleet;
Mr. Fleet asked her where her mother was, and she answered that she saw
her last in the guest chamber about 9 o’clock; that she had received a
note and gone out; witness described the search of the house.
Annie M. White, the court stenographer of Bristol County, was called
to tell her story of what took place at the inquest in Fall River.
Gov. Robinson arose and asked that the further examination of this
witness be dispensed with until a full explanation could be made of
the important question which the testimony proposed to be submitted,
brought up.