1. "Where did Medley go?"
Posted by harry on Jul-25th-03 at 4:02 PM

This little tidbit is from Vol. 5 of the Preliminary, page 415+.  Jennings is questioning Hilliard:

Q.  Who were the officers from whom you derived the information?
A.  Officer Medley was one, Mr. Fleet was another, and I think Mr. Riley, I wont be sure, but I think Mr. Riley told me that he was there.
Q.  By the way, where is Officer Medley; is he in town?
A.  No Sir. I have sent Officer Medley to look after something that the Reverend Mr. Buck placed in my hands.
Q.  He is off on duty somewhere out of town?
A.  Yes Sir.
(Mr. Knowlton)  I had just as leave tell you where he is, but I do not care to tell it in Court.
Q.  Following out some clue in connection with this murder, or dont you care to answer that? I wont press it, if you do not care to answer it.
A.  I cannot answer it, Mr. Jennings, in that way. Some supposed clue.
Q.  Something in connection with the murder?
A.  Yes Sir.

I don't remember anything about this.  What did the Rev. Buck give Hilliard that Hilliard sent Medley to look into?  And if the Rev. Buck was a friend of Lizzie's why wouldn't Jennings, her lawyer, know anything about what it was?


(Message last edited Jul-25th-03  4:04 PM.)

I could be way off base here.  But I'm wondering if this might have something to do with the Matron Reagan episode.  Didn’t Reverend Buck work with  Jennings to prepare a statement for Hannah Reagan refuting the "You have given me away" statement by Lizzie?  And then Hilliard told Reagan not to sign it?

I'm wildly speculating that Jennings wanted those machinations brought out at the Prelim as much as Hilliard and Knowlton did not.  And that was the motive behind his question to Hilliard. Certainly Jennings manages to bring it out at trial and tries his best to get Reagan to remember the document, him presenting it to her, his discussions with Hilliard about it in her presence, etc. (Trial, 1226)


The timing is right.  All this started on August 24th -- the day before the Preliminary hearing began.  And it's the only Buck/Hilliard involvement I can think of right off the top.

But as to Medley's role in all this -- what he could be investigating -- I don't know.   And as all this happened in the local jail – I don’t know why Medley would have to go out of town to look into it. Unless he was sent to Taunton to see if anything similar had transpired there?

Perhaps I'm getting a little too imaginative here.

Interesting speculations Diana.  You're right in that as far as we know that was Buck's only involvement with Hilliard.

Knowlton says he's willing to tell Jennings but not in court.  That's odd as there is no jury, only Judge Blaisdell.

Hilliard refers to it as "Some supposed clue."  The Reagan/Hilliard/Buck thing can't be called a clue or can it?

If Jennings knows and is just trying to get Hilliard to say it why wouldn't he just have Buck testify to it?

Just thinking out loud.  Well, really in print.

Yes, it's obvious that Knowlton knows where Medley is and he probably he knows why he's there.

I don't know if I'm just struggling with semantics here -- but could it be that when Hilliard says "some supposed clue" -- he is just echoing Jenning's "some clue in connection with this murder"?

When Hilliard says: "I can't answer it in that way, Mr. Jennings. Some supposed clue", perhaps he means 'No, it's not a clue -- and then Jennings simplifies it to: "Something in connection with this murder".  And Hilliard is able to truthfully answer "yes" to that. 

Don't you wish these transcripts were on tape?  So we could hear where the emphasis is placed.

I'll have to look a little more closely at the sources for Buck's involvement in all this before I speculate on why Jennings didn't call him.

This is an excellent question Har, and an excellent answer Diana.  I think you 've all pretty well explained it.  I wondered often why Buck was not called but after reading your exchange it occurred to me he couldn't  He was her *minister* and probably had immunity.  Which put him in an unique position.  He could campaign on Lizzie's behalf behind the scenes and could not be called accountable in court.  (In my opinion).

The other thing would be the answer to why info would not want to be explained in front of Blaisdell with no jury, might be because it still would become part of the stenographic record and thus could be entered as *evidence* in a later proceeding.  It may have been hoped to keep this out of the trial..the Reagan story, I mean.
But gee whiz, Porter was there right?  It's no secret then.

There's a melodramatic description of the conflict in Porter, pg. 85.

It actually looks from the transcript as though the defense may have entertained the idea of calling Buck to testify at the trial at one point.

"MR. ROBINSON.   May it please your Honors, we may say with perfect propriety with the counsel for the Commonwealth that we have agreed that the witnesses that have not testified on either side might be excluded from the room during the testimony of witnesses.  We concur in that and we think it right in order to arrive at a right conclusion. It may have been carried out this far. I do not know whether it has or not. ….

….MASON, C. J.   Do you desire that the order be without exceptions,----including professionals as well as other witnesses? …..

……MR. ROBINSON.   We wish to except from the order Mr. Buck, Mr. Jubb, Mr. Holmes, and a reporter, a Mr. Caldwell, who may or may not be called."
(Excerpts from Trial starting page 131)

And as far as Buck not being called at the Prelim.on this point -- Hannah Reagan testifies at trial (p. 1231) that Lizzie was already in court when Buck brought her the paper to sign.  So maybe Jennings slate of witnesses was set by the time this all came about and he just tried to bring it in through the back door with Hilliard?

Wow – now I see how these fictionalized accounts take on a life of their own.  I'm continuing to build on a very shaky foundation here created from pure speculation – but I'm starting to buy into it myself.

Thanks for the reference.
Knowlton may have wanted to call Buck or even at sometime Jubb for some reason but I really doubt they would have to appear.
The thing about Buck was he was like Lizzie's lawyer, in that he had visiting privileges, and access to her confidence's.  In my opinion he could not be called.  He was also in the courtroom, and the usual rule is that witnesses cannot view a proceeding before they themselves have given their evidence.  I know you know this...I am thinking aloud.  It is explicit in the court's order pg. 131+  I can't see Buck being called on any issue to do wth Lizzie, and he never was.
There were at least 4 witnesses to the Buck/Reagan/Hilliard controversy, and Hilliard did eventually testify to his part.
I don't know if it was like a threat to call Buck, because Jubb was included in who could stay... but Hilliard made up for Buck because he did testify upon the point..  It might mean the Rev's could stay because they would never be called.

Sullivan, 32+
..."There she changed her costume, donning a pink wrapper or housecoat; she, then allowed a select few to wait upon her in her room---Dr. Bowen, Miss Russell, and, shortly thereafter, the Reverend E. A. Buck.

Apparently without emotion, Lizzie told Miss Russell, 'When it is necessary, I should like to have Undertaker Winwood.'

As an aside, but an important one, it is well to note here that this marks the first appearance of the Reverend Mr. Buck in the, story of Lizzie's travail. He and his colleague, the Reverend W. Walker Jubb, were hereafter constantly at Lizzie Borden's side at every publicized appearance which she was to make until after her acquittal.

Whether the two clergymen had insatiable appetites for personal publicity it is impossible to determine. The cold, hard fact is, however, that the newspaper accounts of the assiduous attentions of the Reverend Messrs. Buck and Jubb were so frequent as to be almost sickening; nonetheless, they were very effective in presenting Lizzie's public image favorably. Mr. Buck was even present when Lizzie was questioned by police from time to time later in the course of the day."

140:
"In fact, Mr. Buck visited almost every day at the Central Police Station."
...............
--I'd like to know why Lizzie quickly lost the enthusiasm & backing of Jubb & Buck and their parishoners after her aquittal.

--It seems as if Buck came to Reagan a few days into the Preliminary Hearing about the *Quarrel* between Lizzie and Emma in her room.  Then left and came back later with a paper for her to sign.
[By the way, I think this action was reprehensible and is almost extortion on the part of Buck, by creating a witness in Mrs, Reagan and then tampering with her!)
............................


--Also, Reagan at Trial, 1225+:

Q.  Wasn't it two or three days after this alleged quarrel took place?
A.  Yes, sir, some time after it, but I couldn't tell you how long.

Q.  Wasn't it at the close of one of the days of the hearing, of the trial?
A.  Yes, it was in the evening.

Q.  Who brought it to you?
A.  Mr. Buck.
.........
1228:
Q.  I ask you who was in the matron's room when you returned there from the marshal's office?
A.  There was no one in my room but Lizzie Borden. I had the door locked, and I had the key with me.
............
Then apparently, 1232, Reagan:
A.  The Court was going on in the afternoon and Mr. Buck came in and said, "Mrs. Reagan, there is a report going round," he says, "that there has been trouble between Miss Emma Borden and her sister." I said, "where did you hear it?" He says, "it has come from the papers." I said, "you can't believe all you read in the paper." He went away and came back again and called me out of my room on to the landing and all the reporters were standing there and he turned round and he says, "Mrs. Reagan, I want you to sign this paper." Said I, "for what, sir?" He says, "if you will sign this paper it will make everything all right between Miss Lizzie Borden and her sister." I said, "will you give me that paper and I will take it to Marshal Hilliard?" He says, "no, I can't give it to you, but I will go down stairs with you," and I went down stairs with him.

--Allowing Mr. Holmes to stay during testimonies is odd, but I can understand allowing the *reporter* , Mr. Caldwell, as it was his livliehood.  That is how I understand the reference, that Caldwell may or may not be called.
But how did Mr. Holmes get away with that, or did he?
...
Page 132

MR. ROBINSON. We wish to except from the order Mr. Buck, Mr. Jubb, Mr. Holmes, and a reporter, a Mr. Caldwell, who may or may not be called.

MR. KNOWLTON. He is actively engaged in reporting now. That is agreed to.




(Message last edited Jul-26th-03  3:26 AM.)

I can see and agree with much of what you both say but (and there's always a but in this case) I just have a gut feeling there's something else as well.  I have no idea what that could be.

Medley going out of town doesn't fit in.  There's nothing in the Lizzie/Emma alleged argument that requires a Medley trip.

The use of the word "clue" by either side means to me something that was discovered that needed to be looked into.  Unless there is more in what Hannah Reagan heard than was published.

And Hilliard was quite abrupt in ordering Buck out of his office so I don't think Buck would have thought of Hilliard as someone he could go to.

Anyway it's always fun to kick these type things around.

Kat mentioned Lizie's sudden loss of support after the trial.  She and I have discussed that but not really in depth.  It's an area which does need some looking into.  From wild applause in the courtroom at the time of her acquittal to virtual isolation with no glaring reason in between.

According to AR Brown, F Spiering?, and others? the Providence Journal ran an editorial blaming Lizzie for not telling all she knew once she was found not guilty (double jeopardy). This is what turned Public Opinion against LAB, they say.
Has anyone ever reprinted this editorial in any of the books? Surely this is as important as Trial Transcript, or other newspaper reports?

Hilliard had something interesting to say, that sounds like he had an inkling of where *evidence* may have been secreted:

Prelim.
Hilliard
pg. 421+

A.  Saturday, I should say somewhere about half past 12. That search was made from something that came to my knowledge, in fact, was handed to me; and I went there after the funeral procession left the house, and made a partial search of three rooms.
Q.  This was about half past 12?
A.  Somewhere in that vicinity; it was soon after the procession started.
Q.  Now what three rooms did you search Saturday afternoon?
A.  I looked in what I was told was Miss Lizzie's room, the room to the northward. We went from that room, and looked into the spare or front bed room, up stairs.

(Examination of Marshal Hilliard resumed.)
Q.  (Mr. Jennings)  Then if I understand you correctly, you examined the room that is called Miss Emma's room, and Miss Lizzie's room, and the guest room?
A.  I examined partially the three rooms that I have spoken of. I do not know about Miss Emma's room; I do not know where that is.
Q.  You know where Miss Lizzie's room is?
A.  Yes Sir.
Q.  I understood you to say you examined the room that opened out of that?
A.  Yes Sir, opened out of that to the north.
Q.  This being Miss Lizzie's room on the south of the house, you examined that room, with the door opening directly out of it to the north?
A.  Partially, the whole three.
Q.  What do you mean by partially?
A.  I did not go through the bureau drawers, and such as that, but looked at the beds, looked at this bed that stood here, and that one there.
Q.  What do you mean by looking at, tore them to pieces?
A.  Yes sir, lifted the bed, and took the clothes off.
Q.  Took everything off of it, so you could see if anything was concealed in any part of the bed or any part of the bedding?
A.  Yes Sir.
Q.  You did not examine the bureau drawers in any part of the room?
A.  No Sir. There was this lounge here, a sofa. I looked back of it.
Q.  You looked back of the sofa in Lizzie's room?
A.  Yes Sir.
Q.  When you went into the spare room, or guest room, what did you do there, in the north west corner?
A.  Nothing at all, just merely looked at it.
Q.  That was when?
A.  Saturday noon, somewhere between 12 and one o'clock, probably half past 12. I left the office at noon

--This has me wondering if there was some tip to check the lounge specifically  in Lizzie's room, (and the 3 other beds in those rooms?).  She was on that lounge and in that room, as far as we know from a bit after 12 noon to the time Lizzie went down cellar at 9? [Trial, Hyde, 835, as to time of cellar visits]  And maybe whatever tip the Marshal got concerned something secreted in the lounge and which Lizzie may have transferred to the cellar Thursday night?
Alice claims there was always a lady with her and I think they took shifts, so that should be taken into account.
But, if Lizzie managed to hide, say a dress, why not on or in that lounge, as I think she stayed on it most of the times she had officers in her room.

--This is a repeat post and was the only thing I could think of in answer to the original question.  Buck being with Lizzie in her room Thursday may have found something which he thought might absolve Lizzie from suspicion (maybe Lizzie talked him into taking something to the police...used Buck to throw a red herring and it backfired, causing the cops to make more search and to send Medley out of town.) 
Or maybe Buck, out of his own conscience, handed something over to Hilliard from the house or room of Lizzie.
I was also thinking about that club or whittled stick that Alice found under the Borden bed.  If that came from Swanzy Medley might be sent to check up about how it got to town.  The timing is right, as the stick was found Saturday morning, and Hilliard showed up around noon.  Maybe Alice handed it over to Buck and Buck took it to Hilliard?  That is the sort of thing you would take to the police and not to your defence attorney.