Kieran's Testimony

[Edisto]

I've recently been rereading parts of the trial testimony, largely so I can sompare it with some of the statements in Dave Rehak's book. This isn't covered in the book but has piqued my curiosity:

Thomas Kieran, a civil engineer, was the first witness called by the prosecution. He testified as to various measurements that he had made in and around the Borden house. Kieran was questioned about and testified to a point on the east side of Second Street, just south of the Borden house, at which a person could stand and, looking past the northwest corner of the Kelly house and the southeast corner of the Borden house, see part of the side door of the Borden barn. According to Kieran, this view would have been partially obscured by a climbing plant in the Borden yard. The part of the barn door that could be seen from this vantage point was twelve inches of the hinge (east) side of that door. This of course was the door that Lizzie would have used to enter the barn, if indeed she entered it at all on the morning of the murders. I don't recall any further testimony on this point, nor do I remember that anyone testified that he/she was standing on Second Street that morning and saw any activity in the Bordens' back yard. Why then was Kieran questioned about this point, and why was an illustration of this vantage point entered into evidence as Exhibit 8? Did the prosecution originally plan to introduce a witness who would testify that he/she saw nobody enter the barn that morning? After all, it wouldn't have benefited the prosecution's case for someone to testify that Lizzie HAD been seen entering the barn, unless she had been seen entering it much earlier in the morning (perhaps while Andrew was downstreet). For that matter, if only a foot or so of the door's hinge side could be seen, Lizzie could probably have gone into the barn and still remained unseen by a person standing at the magic spot. Possibly the prosecution theorized that Lizzie had a confederate stationed on Second Street, watching the barn door, and that Lizzie's entry into the barn was a signal for the confederate to enter the house. However, it seems it would have been easier for the confederate to station himself or herself further north on Second Street, so as to have a clearer view of the barn and its side door. Any thoughts on what Kieran's testimony meant?

[Harry]

For those of you who have Rebello, page 45 shows a map of the Borden property and this line of vision from Second Street to the barn door.

It would be interesting to know who requested that line be drawn. At the trial I don't believe Kieran is questioned by Knowlton on it at all. Jennings, however, pursues it at some length on cross-examination. As you say Edisto, it doesn't do anything for the prosecution.

Kieran's testimony does show that a person coming down Second Street had to stop at an exact spot to see a portion of the barn door. They would have had only a very brief fraction of a second to see this if walking normally.

I do not believe you can see the side door of the barn looking along the north side of the Borden house. There's that little jog (to the right as viewed from Second Street) in the path to the barn.

[Kat]

I see that on page 45, the sight line stops at the side of the Kelly house.
But on page 563, if you extend that sight line to across the street, you get nearly the "Express Company" at #99.
Maybe the questioning was to later involve the N.Y./Boston Express carriage house?
Whatever that is.

[DWilly]

I see that on page 45, the sight line stops at the side of the Kelly house.
But on page 563, if you extend that sight line to across the street, you get nearly the "Express Company" at #99.
Maybe the questioning was to later involve the N.Y./Boston Express carriage house?
Whatever that is.

I noticed on page 240, it says that the jurors visited the New York & Boston Express Co.

[Edisto]

Harry's right that the side door of the barn can't really be seen from Second Street if one is standing in front of the Borden "driveway" (or what passed for a driveway). However, a confederate standing there or directly across the street could have seen Lizzie exit the house and would have realized the coast was about to be clear. From that position, he or she would have taken less time to enter the Borden house than if he/she had been standing further south. The point I'm trying to make is that a savvy lookout or confederate probaby wouldn't have tried to stand at that magic spot where part of the side barn door could be seen. Standing there stock-still and craning one's neck to see the barn door would probably have looked rather suspicious too! Of course, if the confederate was Dr. Handy's pale, agitated man, he might have remained in motion to deflect attention. (It didn't work!)

The diagram on page 45 in Rebello shows the plantings around the Borden house, although I don't know how accurately. It was apparently drawn especially for the book and isn't Kieran's original diagram. It shows a "climbing rose plant" near the southwest corner of the Borden house, where it doesn't appear to block the line of sight marked by Kieran.

Kieran's testimony started off on the wrong foot when Moody confidently asked if Kieran was city engineer of Fall River. Kieran responded, "No, sir."

[Kat]

But what is the Express Company?
Maybe something was discarded from the trial plan by one side or the other having to do with that business?
Or maybe, like William sometimes opines, there was someone hiding over in the apple orchard across Second Street?
In Rebello, the orchard seems to abut the "Express Company."
Why bring the jury there?

[Harry]

But what is the Express Company?
Maybe something was discarded from the trial plan by one side or the other having to do with that business?
Or maybe, like William sometimes opines, there was someone hiding over in the apple orchard across Second Street?
In Rebello, the orchard seems to abut the "Express Company."
Why bring the jury there?

One of the witnesses, Mark Chase (Trial, p1360+, Vol II) tesified:

"Q. Where is your place of business, Mr. Chase?
A. Right opposite Mr. Kelly's.
Q. On Second street?
A. On Second street.
Q. What is it?
A. Barn, New York & Boston Express barn.
--------
Q. Were you at that barn the morning that Mr. Andrew J. Borden was murdered?
A. I was, sir.
Q. Were you there all the morning?
A. I was, sir."

Chase goes on to testify that he saw two men, strangers to him, in a carriage across the street in front of the Kelly house.

He was a defense witness and questioned by Jennnings. I think the defense wanted to show the jury the view from the barn and how near the barn was to the Borden house.

[Kat]

So that might be a building where they house the horses for the telegram delivery or rural mail delivery, or maybe they moved money around, like WellsFargo?

Chase wasn't asked about the side barn door tho, either- just the lingering carriage?

[Edisto]

That carriage that was supposedly parked in front of the Kelly house might have blocked the view of the Borden barn in a more effective way than the rosebush. Depends on exactly where it was, of course. I have the feeling the prosecution had intended to introduce a witness or witnesses who evaporated after Kieran had testified and after the jurors went to Fall River for their view of the Borden premises and environs. We'll never know, of course.

[Kat]

I think that must be it. Sounds reasonable.
Still, it was a good question.