The Evening Standard—Friday, August 12, 1892 Page 1
SAID NOT GUILTY!
Miss Borden Twice Answered
Charge of Murder.
Continuance Granted to
Monday, Aug. 22.
Morse and Bridget Sullivan Held
Prisoner Calm and Dignified in
the Court Room.
Her Counsel’s Objections to Judge
Exceptions Immediately Taken
by the Astute Lawyer.
Claims Proceedings are Contrary to
All Law and Justice.
Warm Words Exchanged with District
Fall River, Aug. 12. — Lizzie A. Borden was arraigned in the Second District Court before Judge Blaisdell this morning on charges of homicide arising from the killing of her father and stepmother.
The court-room was crowded to suffocation by a motley crowd of curious people in no way directly interested, and Miss Borden’s friends at court were very few in number.
Mr. Morse, Bridget Sullivan, Miss Emma Borden and City Missionary Buck were present.
Miss Borden, the prisoner, was represented by Andrew J. Jennings.
The Prisoner’s Appearance.
Miss Borden was dressed in a dark blue tailor-made gown and wore a black lace hat adorned with a few red berries.
She looked in much better condition than she was in last night just before her arrest.
She entered the court-room leaning on Missionary Buck’s arm.
She was somewhat nervous, but did not show feeling by either tears or trembling.
She was given a seat beside her counsel and her sister Emma and Mr. Buck occupied a seat in front of the prisoner’s dock.
Objections to Opening the Trial.
The trial was commenced by the entering of a plea signed and sworn to by the prisoner.
It recited that the prisoner objected to the opening of a trial before a justice who was already sitting at an inquest held to determine who committed the crime charged against her.
The plea was overruled for the time being and the judge asked for the reading of the complaint.
The reading was waived, and Mr. Jennings said he would enter a plea of not guilty.
District Attorney Knowlton, who was conducting the government’s case, insisted that Miss Borden plead herself.
Augustus B. Leonard, clerk of the court, asked her to stand up, which she did firmly and without assistance.
She was then asked to plead to charges of homicide, and did so in a very weak voice at first, saying “Not guilty.”
The clerk did not hear her and she raised her voice and said in quite a loud voice, “not guilty,” putting strong emphasis on the first word.
Mr. Jennings then began to argue for the acceptance of his plea that his client should not be examined before the court where she had already been examined at an inquest.
Contrary to Law and Justice.
The proceeding was contrary to all law and justice. He as attorney for Lizzie Borden had been refused permission to enter and guide his client while an inquiry was being made.
It was not to be expected of human nature that the same judge could act at an inquest and at a trial and decide fairly in both cases. The proceeding was wholly unprecedented.
District Attorney’s Demurrer.
District Attorney Knowlton entered a demurrer against the plea. He said he knew more than twenty cases in his own career where similar proceedings were gone through with, and they failed to attract attention because the crimes were not attended by such extraordinary circumstances as those which preceded this arraignment.
The matters of an inquest and the matters of a trial were entirely distinct, and it was not complimentary to His Honor’s judgment to say that he could not act fairly in both cases.
Sparring Between Counsel.
There was warm sparring between the representatives of the government and the prisoner, Mr. Jennings displaying his pugnacious powers to excellent advantage.
The government’s demurrer was finally sustained, and Mr. Jennings filed an objection. He moved for a trial at once.
District Attorney Knowlton objected on the ground that an inquest was still going on.
Continued to Monday, Aug. 22.
He asked for a continuance until Monday, Aug. 22, and it was granted.
Mr. Morse and Bridget Sullivan were then held as witnesses in the sums of $500 each.
Committed Without Bail.
Miss Borden was asked to stand up and was committed without bail. She left the court room leaning on Mr. Buck’s arm and was followed by Mr. Hilliard, who again placed her in charge of the matron.
She will probably remain in charge of the matron until one week from Monday.
At the time it is expected that a preliminary trial will be commenced by Judge Blaisdell.