Now you are going to say, gentlemen, whether you believe Mr. Lobinsky,

who stands uncontradicted and undisputed, or believe another man who is

fully contradicted by a man with him who was his own associate in the

police court. Now, Mr. Foreman and gentlemen, the government knew where

Mr. Lobinsky was, and that was at the tinshop of Mr. Wilkinson. They

knew where he was. And they knew, too, that Lobinsky’s horse was kept

at Mr. Gardner’s stable on Second street, corner of Rodman, and they

could have found whether Lobinsky had left the stable at 11 o’clock

or 10:30. But we have not troubled them to do that. Mr. Gardner, who

owns the stable has told his own story, and has he not told you that

Lobinsky’s statement is correct, that he did not leave the stable until

after 11 o’clock? He testified that that was because other teams were

to be hitched up to go ahead of Lobinsky, and he was late, so that he

did not get away until 11 or five minutes past 11 o’clock. My friend

Knowlton in cross-examining him wanted to know whether he told the

time on his watch by the long hand or the short hand. But that is all

right. Its good practice, but it is no test. Gardner remembers it, and

gives it, even, but Lobinsky did not have the watch. He told us what

time he left and the time he was passing by the yard on Second street.

And then we have Mr. Newhall, a man from Worcester, who happened to be

there; he comes here and tells you he went along the street, and he

fixes the time by the hour that he went to the bank, and the places

where he was that morning, and you have these three men that hold it

down to the time I refer to, that is 10:30 o’clock. Is it not fair

to say Mr. Mullaly is mistaken, to say the least? Then if they want

to find anything more about it, we land Mr. Douglass in this case,

who was there at the time, in Fall River. They knew about it and they

could have proved about it and they know it was as we say, and yet

they did not try to prove it. They say a story is true because told

all times alike, but those of us that have dealings with witnesses

in court know that witnesses that tell the truth often have slight

variations in their stories and we have learned to suspect the ones

that get off their testimony like parrots, as if they had learned

it by heart. Honest people are not particular about punctuation and

prepositions all the time. Now did she go to the barn? She says she

did and her statement is entitled to credit as she gave it on the spot

the moment when Bridget was upstairs and might know about it. Did she

go to the barn? Well, we find she did, find it by independent, outside

witnesses, thanks to somebody who saw her. Possibly this life of hers

is saved by the observation of a passenger on the street. There comes

along a pedler, an ice cream man, known to everybody in Fall River.

He is not a distinguished lawyer or a great minister or a successful

doctor. He is only an ice cream pedler, but he knows what an oath is,

and he tells the truth about it, and he says he passed down that street

that morning, and as he passed right along it was at a time when, he

says, he saw a woman, not Bridget Sullivan whom he knew, coming along,

walking slowly round the corner just before she would ascend those

side steps. Now there was no other woman alive in the house except

Bridget and Lizzie at that time. He knew it was not Bridget by the best

instinct, because he had sold her ice cream and he knew her. He says

“it was the other woman whom I had never sold ice cream.” Recollect,

that was Lizzie or some stranger in the yard. You will say undoubtedly

it was Lizzie as she comes back from the barn. It may be asked why did

he look in. I say because anyone might do so. They say Lizzie must have

looked under the bed. I say Lubinsky must have looked into the yard.

He was an enterprising young man, he was looking for business because

he has sold ice cream there before, and therefore, he noticed the

yard. Now is that something he remembers today and comes up here to

tell about or anybody has brought him to tell about? Nobody will make

that insinuation in regard to the defendant. Was he got to tell it? Let

us see. He told it on the 8th of August to the police, and they had

it all in their possession. Now, that is not a yarn made up for the

occasion at all, and the only sort of conflict about it is attempted in

this way, not to dispute it but to admit or say that Mr. Lubinsky is

mistaken about a half-hour of time.

Mr. Mullaly is one of the knights of the handle, you know. You know

who he is—Mr. Mullaly. Mr. Mullaly comes with a book, and it is

thrown down here on the table with a great display to us, for us to

pick it up, and with something written in it. It is not competent

evidence and has no business on the table, because it might be lost

and carried away, and it should be, but Mr. Mullaly says that on the

8th of August he had a talk with Mr. Lubinsky and Mr. Lubinsky told

him it was half-past ten o’clock. Now, if Mr. Lubinsky went by that

yard at half-past ten he did not see Miss Lizzie go to the barn. Is

Mr. Mullaly mistaken? Gentlemen, as you take cases in court, carefully

weighing the evidence, would not you say that Lubinsky went there at

the time he states and that the two others passed along that street and

that he saw Miss Lizzie going into the house? If that is true, then

the commonwealth must take back the charge that she lied about going

to the barn. She was out of the house at the very time when the slayer

murdered Mr. Borden. I will stop at this time for a moment.

Chief Justice Mason: “The jury may withdraw with the officers for a

recess of five minutes.”

One other thought, as you remember, that Lubinsky saw Manning as he

was going down and I think Gardner and Newhall also and you know when

Manning got there to the house all about it, so that you see it is

confirmed again in another way. Then they have an opportunity to find

out by Mr. Wilkinson whether this man was really late that day or not,

and as they have not told anything to the contrary, we will assume

that that is proved. Now the district attorney brought out the fact

from Mrs. Bowen that when Lizzie sat there in the kitchen her hands

were white and she was pale and distressed, as you know from other

witnesses. And I suppose from that he is going to argue to you that

she was not all covered with rust and dust that she got in the barn.

Well, you will see the strength of that argument, and think what it

amounts to. Think whether she could not go up there and look; whether

she picked up anything there or not nobody knows. I don’t know how

he can tell whether she was fumbling around with dusty iron and lead.

There is no evidence here about it, and I have seen many a young woman,

and I presume most of them, who could walk out into the barn and come

back without getting their hands dirty. So I will not stop long about

that. Bridget told about the groan and Mullaly told about the scraping,

speaking of her statements, but there is nothing else.

Whether she said that or not, we don’t know. If she did, it was

nothing more than the statement that all of us are likely to make.

When anything happens we imagine that we heard something; if it had

not happened we should not have heard anything. How common that is.

Then there were noises not connected with this tragedy which might

actually have been heard. There are noises in that street; you were

there long enough to find out about that; such noises are a common

occurrence. Then it may be that the people in their excitement—Bridget

in great excitement because she was running about breathless to find

something and Mullaly in the breathlessness of his search may have got

it wrong—may not have got it just right. It is not a serious matter.

They may argue it for all it is worth on the part of the commonwealth.

She thought she heard Mrs. Borden come in. They undoubtedly will make

something out of that, so I want your attention there to see about

that. This comes now in the first place from Bridget Sullivan. She is

asked, after detailing the circumstances to a certain point, “What

happened then?” You recollect that Bridget had told Mrs. Churchill that

Mrs. Borden had a note and had gone out—“hurried off, did not tell me

where she was going.” So you see anything from Bridget about that note

and about Mrs. Borden coming in is all sustained. Now Bridget Sullivan

says, in answer to the question, “What happened then?” “O, I says,

Lizzie, if I knew where Mrs. Whitehead’s was I would go and see if Mrs.

Borden was there, and tell her that Mr. Borden was very sick.” You see

the confirmation about that note business right there right off. What

should she say that she should go and see Mrs. Whitehead for if Mrs.

Borden was there, unless she (Bridget) knew that Mrs. Borden had a

note and supposed she had gone out as they both did. Then Lizzie said,

“Maggie, I am almost positive I heard her coming in, and won’t you go

up stairs and see.” Bridget said: “I am not going up stairs alone.”

Now, following the testimony down, the very next question is: “Before

that time that she said that, had you been up stairs?” “No, sir: I had

been upstairs after sheets for Dr. Bowen.”

Now remember how that occurred. When Dr. Bowen came he wanted a sheet

to cover up the body of Mr. Borden and he called upon Bridget and Mrs.

Churchill to get one. They went into the sitting room and took the key

off the mantel and went up the back stairs (where you went) unlocked

the door to Mrs. Borden’s room, got the sheets and came down the back.

So Bridget had been up the back stairs to that room, but she had not

been up the front stairs. Therefore when they got down stairs with

the sheets Bridget and Mrs. Churchill knew that Mrs. Borden was not

in her own room, because they had been up there. Therefore they knew

that she was not in the back of the house, and Lizzie knew that she

was not in the back part of the house, because they went up to get the

sheets into Mrs. Borden’s room. See how plain that is when you look

at the testimony, and it is brought out plainly in the testimony in

the questions that are asked by the commonwealth. So you see that when

Lizzie spoke about going upstairs to see if Mrs. Borden was in, Lizzie

meant the front stairs, because they all knew, the three of them, that

Mrs. Borden was not in her own room, and that if she was anywhere in

the house she must be in the front part of the house. So Lizzie knew

that Mrs. Borden had had a note and had gone out, and Bridget knew

that she had a note and had gone out, as they both believed; that

Lizzie had seen her up in the room making the beds and finishing up

before 9 o’clock, and she had not seen her since, believing that she

had gone out, and she recalled that she might have heard her come in

before her father came back, before Mr. Borden did, and she said at

once, “Go up at once and see if Mrs. Borden is not up in her room.

Mrs. Borden is not here. I heard a noise as though she came in, and

she must be upstairs in the front room somewhere. Go and see.” Now,

that is natural. They thought she was in the upper and back part of

the house, and there can be no doubt about that, because Miss Russell

testifies to the same thing Mrs. Churchill does, Bridget Sullivan does,

and then, after they came down, there it was that conversation about

going to Mrs. Whitehead’s occurred. “What happened then?” “Oh,” I says,

“Lizzie, if I knew where Mrs. Whitehead’s was, I would go and see if

Mrs. Borden was there.” These two women acting in perfect good faith

about it, relying upon the truth of that note story, which Mrs. Borden

had told them. Then Bridget would not go up the front stairs, because

in order to go up the front stairs they must necessarily pass through

the room where Mr. Borden’s dead body was lying, or else they must pass

through the dining room way and go by the corner of the room. They

went that way, and found Mrs. Borden killed. Mrs. Churchill and Miss

Russell tell precisely the same thing in substance about going up and

finding Mrs. Borden. Now the suggestion on the part of the commonwealth

would be, if this evidence was not so clear, that Lizzie knew that she

was up there, and if you assume Lizzie had killed her, then, of course,

it would be quite plain that she knew where she was, but if you do not

presume the defendant guilty to begin with, it shows nothing until

she is proved guilty. Then we have no difficulty with the statement

of these three women. They define and make it very plain. Mr. Borden,

you will remember, came in, as I have said, about 10:45 o’clock. Now

the inference that Mrs. Borden had come in was the most natural thing

in the world; hearing some noise in the house, perhaps the shutting

of a door. By and by we will say something about who might have shut

it—perhaps the movement of somebody else in that house that she

heard—she had no occasion to go to look and see, she was not called

to, and her father came in, and as Mrs. Borden had not appeared in the

sitting room, you understand, and as the two women going upstairs found

she was not in the back room upstairs, they would undoubtedly think if

she had come in she was in the front part of the house, and then she

recalled as she thought she did the fact that she had heard a noise

which indicated to her Mrs. Borden had come in. Now, I submit to you,

gentlemen, that, taking the testimony as it is here, and there is no

other that I know of, it exactly and clearly gives the situation as it

was, and just as they acted. Then they said that she showed no feeling

when her stepmother was lying dead on the guest-room floor; that she

laughed on the stairs.

Well, Bridget said something about opening the door. She said she said,

“O, pshaw,” and she said it in such a way that Lizzie laughed, standing

somewhere at her room door, a room where she could not see into the

guest chamber, and the door of which, so far as we know, was closed.

Nobody knows anything about it. What was there then why she shouldn’t

laugh? O, they say, she had murdered her step-mother. Oh, hold on. That

is not proved yet. You might think that everything was all right in

your house, and somebody track a joke on you and you laugh, but if the

evidence should turn out that your son had fallen dead on the floor

above, that does not warrant the conclusion that you were laughing

when his dead body was lying on the floor, because you did not know

it. They say she knew it. Well, then, I should agree if she knew it

and was laughing and joking about what Bridget said that she should be

blamed, and we would criticize her and condemn her, but they have not

any evidence of it. They assume it, and the district attorney opened

it, that while the dead body of Mrs. Borden was lying in the guest

chamber Lizzie laughed. Well, the inference was that she had murdered

her and then laughed. But that is assuming what they have not proved.

They say she did not look at her dead father. Well, she had looked at

him with horror. She had come in from the outside into the back hallway

and come into the kitchen, and the door stood ajar, and she started to

go into the sitting room when this horrible sight met her gaze. She had

seen her father. Did they ask her to go and wring her heart over the

remains that were mutilated beyond recognition? and because she did

not rush into the sitting room and stand over against that mutilated

body they say she is guilty. Why, Mrs. Churchill and Bridget Sullivan

and Miss Russell could not pass through there unless they touched the

corner after the body was covered. Let us ask of other innocent people

the same thing that you would ask of Lizzie. They say that Miss Lizzie

did not show any signs of fear, but that Dr. Bowen and Mrs. Sawyer were

afraid. They told you about it. Well, how do they know she did not

show any signs of fear? Why do they make any such statement as that?

Because she said to Bridget, “You must go get somebody, for I can’t

stay in this house alone.” Look at things in a natural and easy way, in

a common sense way, assuming her innocence and not assuming her guilt.

That is the way you will meet these things and all of the facts. Then

they start off on another track, and they say she killed her stepmother

and her father because that was a house without any comforts in it.

Well, gentlemen, I hope you all live in a better way than the Borden

family lived, so far as having good furniture and conveniences. Are

your houses all warmed with steam? Do you have carpets on every one

of your floors, stairs and all? Do you have pictures and pianos and a

library and all conveniences and luxury? Do you? Well, I congratulate

you, if you do.

This is not a down-trodden people. There is lots of comfort in our

country homes. I know something of them, but I remember back in my

boyhood we did not have gas and running water in every room. We were

not brought up that way. We did not have such things as you saw in

the Borden house. It wasn’t in poverty-stricken, desolate quarters

like a shanty, where the folks simply live and breathe and do not eat

anything. They paraded here the bill of fare for breakfast. I do not

know what they are going to talk about, what sort of breakfast the

ordinary country people have in the houses. They do not live as well

as we do in hotels, perhaps they live better. I do not wish to say a

word against the hotel, but perhaps a coarser fare is as good as the

fixed-up notions that we get on the hotel table, but at any rate it is

the way people live in our towns and cities, and no considerable number

of people have come to harm.

Andrew Borden was a simple man, an old-fashioned man. He did not dress

himself up with jewelry. He carried a silver watch. He was a plain man

of the every day sort of fifty years ago. He was living along in that

way. His daughters were brought up with him. They had become connected

with prominent things in Fall River, for they lived at home. They had

the things which you saw upon them. You will know well enough they

were not poorly supplied, and were not pinched and were not starved

into doing this thing. Do you think it looked as if they were starved

into the crime and pinched into wrong? Here was a young woman with

property of her own. Starved to death, they say; pinched so that she

could not live, wrought up to frenzy and madness, so that she would

murder her own father for the want of things, and yet, as has been

shown here worth in her own right of money and personal property from

$4000 to $5000, owning also real estate in common with her sister there

in Fall River. What is the use of talking about that? Did she want any

more to live on in comfort? Do they say she wanted to get her father’s

property or a half of it? Do they reason that she went and killed the

stepmother first so that when the property came by inheritance it would

pass to herself and sister. They must say something. They say she

killed her stepmother because of trouble. That is one of the arguments

about which I will speak by and by, but then there is no trouble with

her father, as they see, and then she had a change of purpose, or she

had a double purpose, to kill Mrs. Borden because she did not like

her, and to kill her father because she liked him, but she wanted his

money. What sort of a compound! Two motives are running through that

argument inconsistent with each other, each directed independently to

a specific end: Carried out as to one in the early part of the murder,

and then she not only changed her dress and cleaned herself and became

another woman, but found herself inhabited with a distinct motive and

then slaughtered her father. Sometimes when a young man goes on a rig

and becomes dissolute and a spendthrift he will do almost anything

to retrieve what he calls the misfortune which he has brought upon

himself, and many an old father has found the gray hairs in his head

multiplied because of the waywardness of his boy. Sometimes these

great crimes are committed in that way, but if you expect to find in

this case that a young woman like her was slaughtering her father

when she herself was moral and upright and christian and charitable

and devoted to good things in this world, you will find something that

the books have never recorded, and which will be a greater mystery

than the murder itself. They tell us about the ill-feelings. Well,

gentlemen, I am going to consider that in a very few words, because I

say to you that the government has made a lamentable failure on that

question. They say that is the motive that so qualifies the different

acts that are testified to here that it puts this defendant in close

connection with the murder of Mrs. Borden, and then they say that Mrs.

Borden being murdered, Lizzie murdered Mr. Borden for his property,

or possibly they may say, murdered him to conceal her crime—for that

or some other reason, but it does not rest at all on this foundation

of family relations. Let us see what there was in it. What have they

proved? They have proved that from five or six years ago Lizzie did

not call Mrs. Borden mother. Lizzie is now a woman of thirty-one or

thirty-three years old, thirty-two when these crimes were committed.

Mrs. Borden was her stepmother, and she was not her own mother. It is

true that Mrs. Borden came there when Lizzie was a little child of two

or three years, and sometimes we see that where a stepmother has come

into a large family and has brought up a family the children know no

difference and always call her mother just the same. That is true in

a very large degree, happily so, too: but sometimes when the children

get grown up, and when they are told about their mother that died long

ago, somehow or other there springs up in the mind of the children a

yearning or a longing to know of the parent that they really had; and

how many a man says, in speaking of the family from which he came, “She

is not my mother.”

He calls her mother, perhaps. He introduces her as “my mother,” but

the first words after you engage him in conversation are, “She is not

my mother, she is my stepmother. My mother died long ago. She lies

buried twenty-five years, but still she was my mother.” I suspect that

man never lets into the inner chambers of his heart the feeling that

anybody else in the world can stand where his mother did. You may gloss

it over, you may talk about it as much as you will, but happy is the

man that remembers his mother, that pure mother that lived to see him

grow up, and kind as anybody else may be, there never goes out of his

heart the feeling for that dead one that is gone, that stood first and

foremost to him, and nursed him in his babyhood. It does not require

passion or ill will to hold that feeling, begotten in the heart. Show

me the man that does not stand for the reputation and character of his

mother, for nobody forgets that his own mother was the one he first was

interested in, although he from a prattling child has never known her

to remember her. Now, says Mr. Fleet, in his emphatic police manner,

Miss Lizzie said to him, “She is not my mother; she is my stepmother.”

Perhaps she did. We will assume she said it, but there is nothing

criminal about it, or nothing that indicated it, or nothing savoring

of a murderous purpose, is there? Why, Martha Chagnon, a very good

looking little girl that was here a day or two ago, stepped on the

stand and began to talk about Mrs. Chagnon as her stepmother. Well,

I advise the city marshal to put a cordon around that house so that

there will not be another murder there. Right here in your presence she

spoke of her stepmother. And a good-looking woman came on the stand

afterward, and I believe the blood of neither of them has been spilled

since. Why, Lizzie, who undoubtedly speaks in just that positive way,

when the police asked her about where she was and what she was doing,

spoke positively. There are a good many people living in New England

who would do the same. They know when they are insulted, and are free

in expressing their minds, and sometimes do so too freely and talk

too much, but we never think they are going to murder any one. Now

you have got the whole thing right there in that statement, as they

call it. Now, they say that Mrs. Gifford told us this. It was told on

the stand. Let us have it for all it is worth. She is the cloakmaker,

you remember. I do not discredit her. “Don’t say mother to me. She

is a mean, good-for-nothing thing.” “I said, ‘O.’ She said, ‘I don’t

have much to do with her. I stay in my room most of the time.’ And I

said, ‘You come down to your meals, don’t you?’ and she said ‘Yes, but

we don’t eat with them if we can help it.’” That is the whole of it.

That was a year ago last March. Now, my learned friend who opened the

case said that Mrs. Gifford would say that she hated her. My friend,

the district attorney, who makes the argument, will take out that,

will admit she did not say any such thing. You heard her story on

the stand, and that was not so. Now I agree with you that Lizzie A.

Borden is not a saint, and, saving your presence, I have some doubts

whether all of you are saints; that is to say, whether you really

never speak hurriedly or impatiently. I hope that is so for the peace

of our families, but I do know good-looking men, just as good-looking

as you, if you will allow me to say it, that speak sometimes in their

households a little hastily and quickly, and sometimes the daughters,

too, and sometimes their fathers and mothers do. It is to be regretted

that they do, but they will. Yet you don’t read of murders in those

houses. There is nothing to indicate any deep-seated feeling. You will

hear people speak to each other on the street in such a way that if

you thought it really amounted to anything it would shock you. Now, is

there anything bad about this case, where a woman like this defendant

speaks openly and frankly, and says right out, “She is not my mother:

she is my stepmother.” She spoke so about the man who was called a

Portuguese. What did she say? “He is not a Portuguese. He is a Swede,”

in just the same tone of voice. That is her way of speaking, you will

find on this testimony, and she speaks right out. Now these people

are not the ones who do the harm in this world. The ones who do harm

are like the dog that does not make any noises about it. The dog that

comes round your heels and barks is not the one that bites. It is the

one that stays inside and looks serious, you will find. So it is with

individuals. It is not the outspoken, blunt and hearty that do the

injury. But now I do not want to trouble myself about that.

Bridget Sullivan, who lived in the family two years and nine months,

who was nearer to all of them than anybody else, tells you the

condition of the household. She says, though brought in constant

contact with them, she never heard anything out of the way. There was

no quarreling. Everything seemed cordial among them. The girls did not

always go to the table. They were often out late, and I suppose they

did not get down to breakfast as early as the old folks. The longer

ago you were born the earlier you will probably rise now. If you

were born seventy years ago, you will probably be up in the morning

at 4 o’clock, and be disposed to find fault with the Creator that it

cannot be summer all the time with more light and longer days. But the

girls did not come until they wanted to. They had a right to do that.

Bridget says she never heard a word of complaint. And mark you, that

Thursday morning on which they tell you that Lizzie was entertaining

that purpose or plan to murder both those people—that is, their

theory is what they will undertake to satisfy you of—that Lizzie was

talking to Mrs. Borden. Bridget Sullivan says: “I heard them talking

together calmly, without the least trouble, everything all right.”

Mr. Borden talks about the meal, and the conversation goes on in the

usual way without the slightest indication of any ill-feeling. That is

the way my people do at home. That is the way your family greets you

in ordinary conversation. They are waiting for you to come back just

now, and they will meet you in the same way I know, and there will

be no suspicion about it. O, they say, just look at her, wretch and

fiend and villain that she was, she could put all this on when she had

terrors unimaginable in her heart and purposes that no language could

describe. Well, gentlemen, you have to judge of people according to the

ordinary things. There being no proof of such purposes on her part,

you will not justify yourselves in ascribing them to her. You will

remember that Mrs. Raymond, the dressmaker, a lady to all appearances,

came and testified of their being together a few months before, four of

them being dressmaking, sitting in the guest chamber sewing, a regular

dressmaking party. Philip Harrington ought to have been there and had

the whole style developed to him, to learn more than he knows, if it is

possible to put anything into his head on the subject. There they are.

Was that an angry family? Was that a murderous group? You take another

thing. You have them there, as Bridget says, and there is no evidence

to the contrary; they have told you the whole thing; when Emma Borden

comes on the stand to tell the inside condition of the family they

will say to you that Miss Emma Borden, the sister who was away from

home on a visit at this time, against whom they have not the slightest

suspicion, but they will say that her sisterly affection carries her

along to swing her from the truth. You’ll judge of her. I will not

apologize for her. She has a right to be where her sister is. It is

creditable that she does stand by her and it will take a long time for

a man in his heart to say she is untruthful for telling what she does

here.

She went on to say that they had trouble five or six years ago in

regard to property and there was no resentment so far as Lizzie was

concerned; it was all adjusted. When we get the open and unrestrained

testimony of Miss Emma we are told there was trouble. The father had

put in Mrs. Borden’s hands a piece of property, and she says: “we did

not feel satisfied, and we told him so, and then came the word to

us through another person, ‘your father is all ready to give you a

property for yourselves to make it even if you will only ask for it.’”

They asked for it and got it. And Emma says she never felt right about

it afterward. She says up to the day of the death of Mrs. Borden she

had not overlooked it, but she says as to Lizzie there never was any

trouble about it—never was after that time. There is a difference

between the two girls. One blurts out exactly as she feels, the other

bears what she is called upon to endure in silence. You will find the

same separate and distinct dispositions often in the same family. From

that time, five years, more than half of it covered by the residence

of Bridget Sullivan, there is no word of any trouble or indication of

anything except this remark made by Mrs. Gifford. If you take it all,

what is there in it that signifies anything, enough to find the motive

for these dastardly crimes?

But there is another thing: Here was an old man with two daughters,

an elderly one and a younger one. They had gone on together. He was a

man that wore nothing in the way of ornament or jewelry but one ring,

and that ring was Lizzie’s. It had been put on many years ago when

Lizzie was a little girl, and the old man wore it and it lies buried

with him in the cemetery. He liked Lizzie, did he not? He loved her as

his child. And the ring that stands as the pledge of plighted faith

and love, that typifies the dearest relationship that is ever created

in life, that ring was the bond of union between the father and the

daughter. No man should be heard to say that she murdered the man that

so loved her. The old-fashioned man lived in a simple way, did not care

anything about the frivolities of life, was not attractive, perhaps, to

some of the younger and go-ahead people, but was one who lived in his

own way, had worked himself up to what would be called a fortune, had

taken care of it, was then superintending its use and the income, and

for all that on his little finger was that ring which belonged to his

little girl. You may tell me, if you want, that the relation between

that parent and child was such that alienation was complete, and wrong

was the purpose of her heart, but you will not ask me to believe it.

Mind you that on this question of the relations of these people there

is not a word that comes from Mr. Morse of any ill-feeling, or from

Miss Russell or any other living person, and so I think you will agree

with me that there is not anything whatever in this assumption that the

feelings were such that the defendant could have had guilty intent and

worked out this guilty act. I pass. The learned district attorney, in

his opening, said that there was an impassable wall built up through

that house. But the moment we got at the wall, down it went, doors flew

open and instead of showing a line in the house shut in and hedged

in by locks, we find that Mr. Borden’s room was doubly and trebly

locked, Bridget’s room was locked and Mrs. Borden’s door was locked,

and you find Miss Lizzie’s room locked, as well as Emma’s, the guest

chamber is locked, the parlor and sitting room—I don’t know but what

everything, and that was all because there had been a burglary in the

house and barn, and Mr. Borden, old-fashioned, in that he was, thought

they wanted to lock the house pretty securely. He kept a safe in that

back room which kept valuables. This was locked day and night, and not

a little care was given to the fastening of the doors and all parts

of the house. But you see the impassable wall was not as against the

two girls, but was simply a matter of protection to keep people out.

If it was an impassable wall, and not to keep people out, why did they

have a lock on the door to the back stairs, and why did they lock up

the attics? They say she rushed in from the outside and discovered the

homicide. There is no proof of that. In another place they say she

did not go out of the house. They claim in one breath that she did

not go to the barn and then say that she ran in and discovered the

homicide. Rushed in from where, if she did not go out? But if after she

discovered it, she passed in and saw the horrid sight, the testimony

shows that she retreated to the side room, and got as far from it as

she could. She undoubtedly dreaded an attack from the murderer who

had killed her father, and she stood at the closed screen door with

the open wood door behind it and shouted to Bridget. Bridget was the

quickest to respond. She could not go to the front part of the house

without passing the horrible sight, her dead father. Where could she

go? Where would you go under the circumstances? She called for Bridget

to run and get some one as quickly as she could. If she had murdered

those two people do you think she would have called for Bridget as

quick as that? Wouldn’t she have gone down the street or done something

of that kind where she would not have been in such close proximity to

the scene of this tragedy? But she went and shouted for Bridget and

asked her to come down, all in the trepidation and alarm, to find Mr.

Borden killed. You cannot faint away, you cannot look pale when you try

to, and so when Bridget had gone this woman stood pale and trembling

by that open door on that August morning. Looking over she saw Mrs.

Churchill; Mrs. Churchill, too, saw her, and noticed the distress she

was in, and as she stood by the closed window where she could not speak

to her she hurried at once to the open window and called out, “O,

Lizzie, what is the matter?”

Have you any patience with any man who will tell you that Lizzie stood

at that door that morning like a marble statue, without any feeling? I

have told you about Mrs. Borden. All those three people were sick in

the house on Tuesday, including Lizzie. It was in August weather, and

whether they had eaten something or the weather had caused it, we do

not know, but the government seems to be floundering around with the

idea that because Bridget was not sick, they had been poisoned. There

was talk about poison, and poison was feared in the family, because all

had been made sick. Then they say for some reason, I do not know what,

that Miss Lizzie went downstairs in the cellar that Thursday night.

There had been people there examining the rooms and looking over the

bodies, and there was water in the pitcher up in her room, and people

had been washing there during the day, that Mrs. Holmes said, “If I

should stay there all night I should want the slop-pail emptied.”

But that house was surrounded by policemen, and Officer Hyde was there,

and Miss Lizzie had a full-grown kerosene lamp in her hand and the

windows were all open with ample opportunity for observers outside to

see in and those within the house knew that policemen were all around

so that there was nothing concealed. Now, a person who is going to do

anything to cover up crime will not carry an electric light with him.

The criminal goes into the dark to do his dark deed. Miss Lizzie did

not see anybody, though they say Officer Ferguson was in front, but he

is not brought forward, and if he were he could not see through two

high board partitions. That would tax the energy and perspicacity of

even a Fall River policeman. Then they say she burned a dress. Well,

the general thought in the mind of everybody is that if a person burns

up anything in connection with some important transaction, he does it

to get it out of the way for the purpose of avoiding observation. That

is natural. The government stakes its case on that dress.

The government says: “You gave us up the blue dress that lies before

me. That is not the dress. You practically commit a falsehood by giving

us that.” The defendant says that this is the dress. The government

says we want that bedford cord, and if we had that bedford cord we

should know all about it, and you burned the bedford cord. Now, let us

look at it. There is a dispute here, a disagreement, not intentional,

but unavoidable, among the persons who saw what Lizzie had on that

morning, some of them saying that she had on this very dress, or a dark

blue dress and another, and Mrs. Churchill speaking of it as a light

blue coming almost up to a bay blue, or something a good deal lighter

than this.

Now between the two there is a difference of recollection; just as good

people on one side say it was a dark blue as those on the other who

say it was a light blue. But you will remember that at that time there

were several ladies and Bridget was there with a lighter-colored dress,

and that those who speak of a lighter-colored dress may have had in

mind what Bridget had on. It was not a time for examining colors, and

afterward they recollected as well as they could. They are good, honest

people, but some of them are mistaken, and of course are not wilfully

stating what they do not believe to be the fact. So that there is a

conflict of testimony about that. That dark blue dress lying here is

given as the one that Lizzie had on. They say, “You had a light blue

dress on.” We say it is not so, but we say to you when we produced the

dark blue dress you took it and put into the hands of Dr. Dolan, the

medical examiner, and you went away with it and used it in framing

your indictment, and now you find through Prof. Wood, a man who knows

something, instructing Dr. Dolan, that there is not and never was any

blood on it.

[Illustration: CHIEF JUSTICE MASON.]

Then the government does not want that dress, but another. They want

the bedford cord. We will talk about it, then. Let us look at it.

Suppose they had this bedford cord. Lizzie had it on this morning,

you say. This is the present theory. The government said she had it

on up to 12 o’clock, so that she did not change to the pink wrapper

until that time. The witnesses all say and every single person who has

testified that while she was there and about with them, including Mrs.

Churchill, Bridget and Dr. Bowen, Mrs. Bowen and others, there was not

a particular spot of blood on it. They say there was no blood on her

hands, her face or hair. I am talking now of the dress principally.

Now recollect that she had that on. Policemen were coming in all about

there. She was lying on the lounge. They tell you that that dress

was covered or had blood spots on it and not a living person saw or

suggested it. Suppose she did burn it up—the time that had elapsed

for observation would be long enough. They had all had it to look at

at that time. They had all seen her and every one says there was not

a spot of blood on it. So you see you start with a dress that every

one of the witnesses they produced says did not have blood upon it.

Now, you have removed from that all idea that that dress was burned

with a wrongful intent, because all the witnesses say it was perfectly

clear of blood. Now, what more? That dress was in that closet. You,

gentlemen, saw it over the front door, and there it remained. In that

closet were eighteen or twenty dresses, and the government witnesses

claimed that they did not see any such dress, notwithstanding that

Miss Lizzie had eight blue dresses of different shades in that hall

closet. They examined and did not see any that had a particle of blood

upon them, and so the pretense of the government is that the dress was

not in there, but Miss Emma says that when she came home on Thursday

night she went to the closet room to put away her clothes and that on

Saturday night she was there again and that dress was hanging on the

second row of the nails that were driven into the edge of the shelf.

She says she discovered that old dress hanging there that had been

covered with paint ever since May, and by covered with paint I mean

stained and daubed with it. She spoke to Lizzie about it, saying, “Why

don’t you get rid of that thing. I can’t find a place to hang my dress

on?” It had been in there, and on Saturday night they ransacked this

place and found the dress which they supposed had blood upon it. They

carried it to Dr. Dolan, who made the discovery, certain to their mind,

that would convict this woman, and so they did not want anything else.

They went through the form of looking over everything else, but had got

the damning evidence here; but when Dr. Dolan conversed with a man who

knew something, they were told it was not blood at all, and then they

said: “Get another dress.”

Now, is it true? Was there grease or paint on it? We have brought you

the painter here that painted that house a week earlier in May, and we

have brought a dressmaker who made the dress, and the painter has told

us that Lizzie did the superintending of the painting, and got up at 6

o’clock in the morning to see that the paint was of the proper color,

and says that she tried it upon the side of the house. You have heard

Mr. Grouard, who testified that that dress had got soiled, and said

that it was not fit to wear. And then it was not worn of any account

except on the days when she had dirty work to do, and Emma knew about

it, Mrs. Raymond knew about it, and it is the indisputable fact that

it was besmeared with paint and it was not fit for anything else. Why,

we are talking about a dress that did not cost but twelve-and-a-half

or fifteen cents a yard and took eight or nine yards to make it,

and did not cost altogether when it was commenced probably over two

dollars, and was not good for anything after they got it done, because

the material was so poor, wearing out and fading out. And then it got

dirty, got paint on it, and what more did they want of it? As Emma

said, “Put it out of the way. Why do you keep the old thing?” This

morning, you remember, was after the police had searched everything

in the house so completely that there was nothing more to be found

unless they took the paper off the walls and the carpets off floors,

and we will take their word for it. Unless that, there was nothing

more to be seen and nothing more to be found, and they had all they

wanted, and had got her clothes and her stockings, and even an unmade

dress pattern, and wanted to see if that had not been made up into

some sort of a mantle to wrap her up in. They had got the whole thing,

and had looked over everything, and had taken all they could find and

all they wanted, and notified them they had all got through. Then, in

obedience to Emma’s injunction, Lizzie walks down into the kitchen

with it that Sunday morning, the windows all open, no blinds shut,

policemen in the yard looking right in at everything, that was going

on, and deliberately and in the presence of Emma—Emma saying to her

“Well, I think you had better do it”—put it into the fire and burned

it up. Had not she time enough Thursday morning down to that time to

burn it up without anybody knowing it, if it was covered with blood?

Had not she time enough to get it out of the way, and if she had that

purpose to cover up this crime, if she had committed it, would she have

burned it in the presence of her sister and Miss Russell and said she

was going to do it? That is not humanly probable. Now, you have got the

whole thing about the dress. There is no concealment about it. And when

Miss Russell, in her trepidation, and having been advised by somebody

about it, came to her and said: “I think you have done the worst thing

you could in burning that dress,” Lizzie spoke up in her prompt and

honest way, saying, “O, why did you let me do it, then?” reproaching

them for not advising her against it. And, truthful as they are, when

they knew Miss Russell had been questioned about the matter, they said

tell all you know about it. And Miss Russell walks to the man Hanscom

and says she has come to tell him because they said go and tell about

it. Lizzie said: “Go and tell all about it.” It does not hurt people,

sometimes, to tell the truth, to tell all about it. But, gentlemen,

hang upon that one blue dress. They have it in the testimony now; they

know all about it. Their own witnesses that they bring do not help them

at all in this theory. But I ask them this: If Lizzie Borden killed her

mother at 9:45 o’clock that morning and then was ready to come down

stairs and greet her father and meet him, having on the blue dress, do

you think that is probable, besmeared and bedaubed as she would have

been with the blood of the first victim, standing astride and chopping

her head into pieces by these numerous blows, blood flying all over the

walls and furniture, on the bed and everywhere, and she wasn’t touched

at all with blood? Then, of course, they are going to say: “O, but she

changed her dress, and then, when she killed her father she either had

that back again or put on another.” Did she have it back again? Then

she had to put that on over her clothes again, and over her person,

exposing herself to have her underclothing soiled in that way, a thing

not probable in any way. And then, if she put on another dress, then

there were two dresses to burn instead of one. The government only

wants one; they have all the rest. Think of it. She walked right into

that sea of blood, and stood there, slashing it over herself in the

first murder; then went and took off that dress and laid it away until

her father came in, and then dressed herself for the second slaughter.

Then they say that she murdered these two people because Mrs. Reagan,

I forbear almost to mention her name, came up here and told you that

those sisters had a quarrel, and that Lizzie said to Emma, “You have

given me away.” Gentlemen, if there is anybody given away in this case,

it is Mrs. Hannah Reagan.

We have got right over among the reporters for the solid truth, now,

and we have got John R. Caldwell and Thomas F. Hickey, and John J.

Manning. They came from different papers and different cities, and

these gentlemen tell you they went to Mrs. Reagan and she said there

was not a word of truth in it, and while Mr. Caldwell was trying

to find out the facts from Marshal Hilliard, that official, in the

abundance of his politeness, told him to get out. My learned friend

asked Hickey if it was not a “scoop” between the _Boston Globe_ and the

_Boston Herald_.

And they say that possibly she contradicted herself on some little

things, and you noticed the humor there was about it when Philip

Harrington said, “I advised her not to submit to another interview

that day.” I thank him. But in walked the rest of the score, and they

proceeded to interview, not asking Harrington’s leave, and Harrington

himself went there that night again to try his search over with her.

That is the way they dealt with her. Now, gentlemen, there is not

one of them that, interpreted in the light of the common every-day

transactions in the household, is entitled to your credit. And if

not, then you cannot group them so as to make them strong or of any

influence. She did not try to get Bridget out of the house. If she had

undertaken to do these deeds, think you not that she would not have

sent Bridget down street to buy something, to go for the marketing, to

go to the store, one thing and another? Or send her on some errand, and

then have had time undisturbed. You know that she would. But instead

of that, everything goes on as usual, and Bridget was about the work.

Lizzie happens to walk out to the door, and Bridget says to her, “You

need not lock the door, I will be around here.” Bridget knew what the

habit of that house was, and so she said, “You need not lock that door,

I will be around here.” So Lizzie did not lock it. Lizzie called her

attention later after she got the work done, and that they say, after

Mrs. Borden was killed, she called her attention to locking the doors

if she went out, because she herself might go out. And she spoke to her

about the cheap sale at Sargent’s, and there is no doubt about that

being true, because they could readily find out in Fall River whether

there was any cheap sale at Sargent’s at that time. Now, these are the

grounds on which the government will claim or has claimed, and I don’t

know what other theories they have claimed, the guilt of the prisoner.

Who did it, and what did it? You see last year they had the theory

about these other things, and if they could have tried the case at

that time they would have sought to convict this woman on those first

four. They now do not dare to say that they would ask to convict her

even upon these. They say it may have been. Is the government, trying a

case of may-have-beens? Will the judges tell you, as they charge you,

that you can convict this defendant upon a theory that it may have

been. I think not. Never. And, if they cannot tell you that that is

the implement that committed the crimes, where is it. Fall River seems

to be prolific of hatchets. Perhaps if we wait awhile there will be

another one born. Possibly the district attorney, or the officers over

there—not the district attorney, for I don’t think he has anything to

do with it, to do justice to him, or possibly some officer, will find

some other hatchet and want to bring it in. Well, we are thankful,

gentlemen, that this woman was not tried last August or September,

because then, if she had gone to trial on the things that are now

declared to be innocent, and they had convicted her with the cow’s hair

and the appearances of blood, she possibly would now have been beyond

their recall, although they had actually put her to death wrongfully.

So much for the theory of experts. And now we are asked at this time to

take up another one that they do not vouch for and that they did not

dare to stand on, and we are asked to submit this defendant to that

incriminating evidence which they say they are not sure about or may

have been, and they want to convict her now on things they do not know

anything about and do not claim to know anything about, and put it out

of their power, six months hence, to tell them if she knows anything

about somebody else committing these murders. They have had her for ten

months in close control. It has been irksome and wearisome and wearing.

Bad as the government would represent her home to be, and falsely so;

bad as they would picture it, it is a paradise compared with a jail,

and they have transferred her, such is the process of the law, from her

home into the custody of the State. And they thought that Tuesday’s

sickness and Wednesday morning’s sickness was caused by some irritant

poison. But Mr. Wood said: “No, everything is all right; no blood,

no poison, nothing whatever.” He has practically said to these men:

“Hold on, you are going too far; you cannot go this way.” Now failing

in that, as I argue to you, they have unmistakably, they proceed upon

the theory, who did it? Now we are not obliged to resort to that, as

I told you at the outset. The question is, is this defendant a guilty

person, and that is all. But they say, and they said they would prove

to you, that there is exclusive opportunity. Well, gentlemen, I meet

it right squarely. I say that if they can lock into that house Bridget

and Lizzie alone and without having any other way for any other person

to get in, and no other person does get in, and two persons are found

dead, I am ready to say that Mr. Borden did not kill his wife in that

way and then afterward kill himself. I am sure about that. But the

exclusive opportunity is nothing but an anticipation that was not

realized, as I think we have shown you.

They said nobody else could have done it. Emma was gone. Morse was

gone. There is no doubt about that. Bridget was out doors, they said,

and later in her room. They said that the defendant was really shut

up in the house with the two victims and that everybody else was

actually and absolutely shut out. Now I think you and I will agree

about the evidence. The cellar door was undoubtedly locked; I mean

the one outside. I have no doubt of that. The front door in the usual

course, so says the evidence, was bolted up by Lizzie Wednesday night

and unbolted by her Thursday morning. Now they assume she bolted it

Wednesday night, but they are not going to assume, I suppose, that in

the usual course she unbolted it Thursday morning, but I do, because

that is the evidence, leaving only the spring lock on when she unbolted

it. They say you do not know that. Well, I say, you do not know it, and

you have got the burden of proof, not I. It was fastened by the bolt

when Bridget let Mr. Borden in, that is true—the bolt and the key.

The side screen door, gentlemen, was unfastened from about 9 o’clock

to 10:45 or 11. That is when Bridget was washing windows and about the

house and around the premises in the way she said she was. Now, if that

door wasn’t locked, gentlemen, Lizzie wasn’t locked in and everybody

else wasn’t locked out. Was it so, the screen door unfastened? You

know Bridget said to Lizzie, “You needn’t lock the door, I am going to

be around here.” There is no doubt about it. Bridget says she didn’t

lock it. Then there was a perfect entrance to that house by that rear

screen door, wasn’t there? And when the person got in all he had to

do was to avoid meeting Bridget and Lizzie. Bridget was outdoors,

she wasn’t in the way, and therefore there was but one person in the

house so far as appears, one person below, against whom the intruder

could run. Now, look at it. Bridget was outside talking with the Kelly

girl, over there on the south side, away off at the corner. She said

plainly and decidedly there was nothing to hinder anybody going right

in. Mr. Borden had gone down street and there was nobody there on the

outside but Bridget, and she was everywhere on the outside. She washed

the parlor windows. You know how those are. She couldn’t see the side

door when she was there. She went to the barn seven or eight times for

water, she says: it may have been more. She was at the dining room

windows on the north side of the house; and she said that when she was

there she couldn’t even see into the dining room, because the windows

are so high that unless a person stood up close to the window they

couldn’t see in.

Now, see the significance of that. The government will be going to

claim that she stood there and she could have seen way across into the

sitting room. But she could not. She was washing the windows with a

pole and brush, she wasn’t up on the steps on the outside. And then

Lizzie was about the house as usual. She was in the house and about the

house. Doing just the same as any decent woman does, attending to her

work. Ironing handkerchiefs, going up and down stairs, going down to

the cellar, to the closet. You say these things are not all proved? No,

but I am taking you into the house just as I would go into the house,

for instance, and say, what are your wives doing now? Well, doing the

ordinary work around the house, getting dinner. Well, where do they go?

Undoubtedly they are going down stairs for potatoes, going out into

the kitchen, to the sink room, here and there. You can see the whole

thing. It is photographed in your mind. It is just the same there. She

was ironing, she was in the dining room. Bridget says she don’t know

but she had the dining room door shut to keep the heat out, and she

would have occasion to go down cellar for reasons stated. Might she

have gone into the parlor for anything? There was a clock there. There

are various things you might think about. Now, suppose the assassin

came there, and I have shown you he could without question, the house

was all open on the north side, and suppose he came there and passed

through. Suppose Lizzie was upstairs, suppose she were downstairs in

the cellar. He passed through. Where could he go? Plenty of places.

He could go upstairs into the spare room, right up the front stairs,

and go in there; he could go into that hall closet where you opened

it and looked in, and where two men can go in and stand; he could go

into the sitting room closet; he could go into the pantry there in the

kitchen; you saw that. He could go into various places. He could go

into just such places in that house as all these thieves run into if

they can find a door open. So it was easy enough for a man to do that.

It was easy enough for him to go up into that bed chamber and secrete

himself. Now, what is going to be done? He is there for the murder; not

to murder Mrs. Borden, but to murder Mr. Borden. And he is confronted

and surprised by the former. And he knows—possibly he is somebody that

she knew—you do not know, she cannot tell us—somebody that would be

recognized and identified, and he must strike her down; and his purpose

to kill Mr. Borden would not stop at the intervention of another

person, and Lizzie and Bridget and Mrs. Borden, any or all of them,

would be slaughtered if they came in that fellow’s way.

Now, at that time in the morning, with the opportunity to go in there

and go up into all the house, and when he went in there and had

murdered Mrs. Borden in that front chamber, Lizzie could pass up and

down stairs, and could go to her room, and know nothing about it, see

nothing about it, because of course he did not have the door open and

disclose himself. She could pass up and down stairs. There is no

trouble about that, closed door or open door. And when he had done

his work, and Mr. Borden had come in, as he could hear him, he made

ready then to come down at the first opportunity, and when he came

down he would very naturally leave the door open, and so they found

it afterward, the door, I mean, to the spare chamber. He could come

down, and he was right at the scene ready. Bridget was outdoors, Lizzie

outdoors, on all the evidence, which you certainly believe. And then he

could do his work quickly and securely, and pass out the same door, if

you please, that he came in at, the side door. Now, that is not all. It

is well enough to see that a person could come in at the front door.

The bolt slid back in the morning, the latch locked, a man can open

that door, they all say, by giving it a pressure and trying to come in.

And when he gets in what does he do? He doesn’t want to be surprised.

He locks the door himself, he takes care of himself, and then when Mr.

Borden comes it is slid back by Bridget and left in that way. It is

easy to see all these things. You can see then how everything in this

idea of exclusive opportunity falls to the ground, because there was no

exclusive opportunity.

Now, it is not for us to maintain a theory. It is for the government

to prove theirs. You may adopt a theory just as well as I. You may

find other theories, as I have no doubt you will as you look at this

evidence. You will see other ways in which persons could enter that

house by which the exclusive opportunity theory is overturned. It

is not a matter for you to sit down in the jury room and criticise

the theory that I have advanced to you, because you are going to sit

down in the jury room and criticise the theory that the government

advances, and you will see that it is vulnerable, and when you see

that a person can take one of those theories as well as another, you

will hear from the court that you cannot convict upon such evidence,

because all the essential facts must be in harmony with this charge

against the prisoner, and must not be in harmony with any other theory

or any other reasonable explanation. Now, there are two or three things

which in the hurry of speaking this morning—perhaps you thought I

had not hurried, but speaking rapidly, they were inadvertently passed

by—little things, but I want to speak of them before I pass on. Miss

Lizzie was ironing downstairs, and there cannot be any question about

that. Bridget says so and you recollect the testimony of Miss Russell

and Mrs. Holmes, that that morning when they were clearing up they

found the handkerchiefs that she had ironed in part, and the sprinkled

ones were carried upstairs and put away separately by themselves, a

dozen or more. You see that it is genuine; it is not a fiction. It is

really one of those little things that help to establish the truth. I

must also in this connection speak of Mr. Medley’s testimony, because

the commonwealth relied upon Mr. Medley to make the examination, as

he said, of the dust in the barn, to show you that Miss Lizzie could

not have walked on the upper floor. Now, if you could be sure of that

there would be some test in it. If you did not see a track through

freshly fallen snow you would say no person had passed there. It would

be a little more doubtful about walking on a floor, but when you find

a detective looking after this thing, you begin to suspect that he may

be in error, and when you find as you do by the testimony, a half a

dozen or more people up there in that barn walking around before Mr.

Medley got there at all, as it was proved upon the testimony there had

been when he got there, and when he met Mr. Fleet and where he met him,

between the gateway and the back steps, and then went directly into the

house, Sawyer being at the door, you see how unreliable his testimony

is. Well, then, you have the testimony of Mr. Clarkson and you have

that of Mr. Manning and Mr. Stevens and the two boys that called

themselves “Me and Brown,” Barlowe and Brown. Now, those boys, like

all boys, just the same as you and I when we were boys, wanted to go

upstairs, to look at things about there and stay as long as they could,

and it appears they went there and were out in that barn before Mr.

Medley came there. He went into the house and talked with Miss Lizzie

and was some minutes in the house before he went to the barn. So when

he got there there had been people all about there, and those people

give their testimony in such a way as to carry the conviction of truth

in their statement, so that you find them up there and walking around

in the very place where Mr. Medley went to look, and it shows you that

Mr. Medley must have been in error. His detection was not so sure as

he thought. He was mistaken about it, consequently while he may have

honestly meant what he said, I do not call that in question for the

time being, but I want to say that that is not anything which you can

depend upon under these circumstances, and when you find him confronted

with three or four other witnesses, John Donnelly and the boys and

Clarkson, there can be no question that Mr. Medley is mistaken, so that

we have in addition to the positive proof that Miss Lizzie went to the

barn, to which I called your attention this morning, the affirmation of

these other witnesses that they were there, and Mr. Medley finds nobody

to support him.

Why, do you not all think with me of what a blessed Providence it was

that interfered with that girl, so that as she walked about that house,

passing from the sitting room into the dining room and hall, she did

not step on some of the blood and have it on her shoes? Anybody else,

according to the theory of the government, could have stepped on that

blood and have bloody shoes, but if Lizzie had walked there just the

same as any other person innocently, and there had been so much as a

pin head stain upon one of her shoes, it would have led her to the

severest penalty on their theory. See within what close limitation we

walk in commonest things and see how close we come to precipitate of

danger when we find any part in the wrong. Why, upon the theory of the

government—no, it isn’t the theory of the government, for I really

do not know what it is, but the handleless hatchet down there in the

box, the theory being for the time, if it is a theory and is indulged,

that she ran down and put that through a course of washing, scraping

with ashes, etc., and threw it up in the box after breaking the handle

off, as claimed, and then got rid of the handle; they say that they

found it there, and put it right up into the box to which she directed

Bridget to go with the officers and find the hatchets and axes. Why

gentlemen, she is not a lunatic or an idiot. She is a great colossal

contriver of wrong and murder, shrewd, discriminating, far-seeing, with

premeditated malice aforethought, and planned all this thing. Well, she

did not plan so foolishly as that. She would not send officers to find

the very thing and in the very place where she had put it. She burned

no clothing that day. She put none away. They tell us nothing about

that with all the vigilance of their searches, and you know that the

officers say that when they went there first, and looked in that box

down cellar, they took out the two smaller hatchets that were on top.

Now, whatever the theory, or any theory of the government in regard to

that hatchet, you have got to assume she was down there and washed it

up and got it all clean beyond what science can do, and got the blood

out of it, and then broke off the handle, and went herself and took out

the other two hatchets so as to get this old one underneath, and then

she had it all covered with ashes, too. And when they found it that

Thursday afternoon it was all dry and covered with dust like the other.

They undertake to tell you it was coarser dust. Just see into what a

labyrinth of impossibilities and improbabilities they try to lead this

woman. Then she had to run upstairs, run up to her own room and make

a change, run down cellar and take care of herself, and take care of

the hatchets, upon their theory, run back again and get up there and

call Bridget—all in that short space of time. I said it was morally

and physically impossible. You may find her not guilty, if that be your

judgment, for two reasons. One because you know that it has not been

proven. And the court will tell you that if, when you reach that point

in your decision, you are not satisfied and convinced as reasonable

men, beyond a reasonable doubt, no matter what your suspicions may be

and what you may think about it otherwise, you have but one duty to

perform and one that is safe to you to render in this case.

You may have heretofore thought things looked dark for her. You

may have said, “If they can come into the court and show all the

things I have seen in the newspapers, gossip and rumor and report,

I might feel that I ought to, but now that I find the government’s

case only the thing that it is, insufficient, weak, contradictory,

critical, lame, why, I have nothing else to do in my conscience but

to say to Massachusetts, we have this woman in charge, you have not

proved it against her, we still keep charge of her, and we say to

you, you have not proven this against her and she is not guilty.”

But there is another ground. If, when you see through this evidence,

you are satisfied again, convinced—which is more—you are convinced

affirmatively that the woman is innocent, that you are entitled to

say, “Not guilty,” and you are bound so to speak. It is rare that the

defendant goes so far as to prove her innocence. It is not a task that

is set before her. But I dare to speak to you upon that branch in this

case with full confidence. Look at it for a period. Take the facts

as they are, and I would not misrepresent or belittle any of them. I

have not knowingly omitted any of them, for a purpose of benefit to

the defendant. Take them as they are. What is there to prove to you

absolutely, as sensible men, the innocence of this defendant? You go

and search some other man’s house and let me alone. Search somebody

else, I think he had some trouble with my father: that would be the

policy of such a defendant. What was her conduct? Uniformly, openly

frank every time, shutting all the doors against any person that might

be put under this foul suspicion. Why, you say, shutting them against

herself. Yes, it was the impulse, the outcome of an honest woman. Were

she a villain and a rascal, she would have done as villains and rascals

do. There was her uncle, John Morse, suspected as you heard, followed

up, inquired about, and she is asked and she said, no, he did not do

it. He went away from the house this morning at nine o’clock. Some

one said Bridget did it. Now there were but two persons around that

house as we now find out, so far as we can locate anybody, and the

busy finger was pointed at Bridget Sullivan—Bridget Sullivan, only an

Irish girl, working in the family, working for her weekly pay, been

faithful to them, been there two years and nine months, lived happily

and peacefully with them and they have had no trouble, and Lizzie spoke

out right determinedly, as you know, and promptly: Why, Bridget did not

do it. Then somebody said: Why, the Portuguese on the farm. No, says

Lizzie, he is not a Portuguese; he is a Swede, and my father has not

any men that ever worked for him that would do that to him. Not Alfred

Johnson that worked for them, not Mr. Eddy, another farmer that worked

for them, no assistant—I cannot believe it of any of them.

How do you account for that except in one way? She was virtually, if

she was a criminal, virtually putting everybody away from suspicion and

leaving herself to stand as the only one to whom all would turn their

eyes. Suppose she had been wicked and designing and Bridget as innocent

as Bridget is to-day. Suppose Lizzie had undertaken to tell something

that would involve Bridget, would it not have been easy? And it might

have been. Then if she had led the way in treachery and repeated crime

Lizzie might have led Bridget right into the toils in which she herself

became involved to the relief of Bridget by her statement that Bridget

is not to be suspected. It is not every human being who can stand that

strain. It is not every man that has strength of purpose and purity of

mind.

Did she ever stand in the way, or her sister likewise? Go, search

everything, we will come and help you open everything. We will join

you; find out all you can. Do all you want to here. Never a sign of

reluctance. Never an intimation of objection is the unanimous testimony

of everybody that went there. They say she was cool. Thank the Lord

there was enough left of her so that she could be cool under the

visitations of gentlemen who flocked there by the score. Her clothes,

her dress, her unmade dress, her shoes, her stockings, everything,

her absolute freedom from the marks of the crime, her readiness to do

anything that was wanted, and then that scene of Saturday night which

transcends all in exhibition of innocence. There has been that woman

shut up in that house, the premises crowded by the police. She was

virtually under arrest. She could almost feel the pressure of a hand

upon her arm, and in that house on that Saturday night were the mayor

and city marshal of Fall River, and in the parlor they called her, her

sister and uncle together, and then they began that advising them—now

notice how it was done, for this is an essential part of their case,

they advised them that the family had better remain in the house.

Miss Lizzie says, why? Well, the mayor says, Mr. Morse, perhaps, can

tell you. It was something that occurred down street last night, and

then comes the question that from there Morse went down street and had

some trouble. Now, that seemed to indicate that Mr. Morse was probably

under suspicion, and Lizzie spoke at once as they spoke of putting

officers around the house and said, “Why, is there anybody in this

house suspected?” and the mayor says, “I regret to say, Miss Borden,

that you are suspected.” Then she says, “I am ready to go now, or at

any time.”

Gentlemen, murderers do not talk that way. Criminals are not so

situated as to have committed this great and monstrous wrong and then

have had that superb quietness of spirit and that confident feeling

that wrong had been done her in the charge that is made, and the

assurance within herself that, God knowing it, she is free and pure.

Gentlemen, as you look upon her you will pass your judgment that she

is not insane. To find her guilty you must believe she is a fiend.

Does she look it? As she sat here these long, weary days and moved in

and out before you have you seen anything that shows the lack of human

feeling and womanly bearing. A word more. There must be no mistake,

gentlemen. That would be irreparable. There can be but one mistake

which nobody can ever right, and for which there can never be any

atonement to her. If you make a mistake as against the commonwealth

that is something which the future may correct, but if you go wrong

as to this woman now, and go to the length of saying that she is

guilty, and you have done it upon insufficient grounds and the improper

findings, the case and the woman have gone beyond your control, and, so

far as you can know, beyond the power of man. To condemn her as guilty

of the diabolical crimes that have been described to you, when there

remains any reasonable doubt in the minds of any one of you of the true

verdict, would be so deplorable an evil that the tongue can never speak

its wickedness. We say, the crier utters it, God save the commonwealth

of Massachusetts, and the prayer is heard in the prosperity of the old

bay state, but little it amounts to if we hear some one pray to God

for his guidance of the old commonwealth that when we have a prisoner

in charge we forget that we can do a good deal toward saving the

commonwealth and all her people. It will be little worth preserving if

the innocent are to be executed and one calamity and wrong step fast

upon the heels of another, and that, too, under the forms of law made

as well to shield the innocent as to punish the guilty.

Do I plead for her sister? No. Do I plead for Lizzie Andrew Borden

herself? Yes. I ask you to consider her, to put her into the scale

as a woman among us all, to say as you have her in charge to the

commonwealth which you represent, it is not just to hold her a minute

longer, and pleading for her I plead for you and myself and all of us

that the verdict you shall register in this most important case shall

not only command your approval now, unqualified and beyond reasonable

doubt, but shall stand sanctioned and commended by the people

everywhere in the world, who are listening by the telegraphic wire to

know what is the outcome as to her.

She is not without sympathy in this world. She is not having people by

day and by night thinking it is not to be found out in Massachusetts

that so great a wrong against her can be committed as to condemn

her upon the evidence that has been offered. Gentlemen, with great

weariness on your part, but with abundant patience and intelligence and

care, you have listened to what I have had to offer. So far as you are

concerned, it is the last word of the defendant to you. Take it: take

care of her as you have, and give us promptly your verdict not guilty,

that she may go home and be Lizzie Andrew Borden of Fall River in that

blood-stained and wrecked home where she has passed her life so many

years.

The Fall River Tragedy: A History of the Borden Murders · 第 31 / 33 章