Hat Trick

[Lorcan]

I tried to search to see if this has been covered before, but no hits on "hat." I think this topic had been covered on the archived forum.

Lizzie Borden Inquest Testimony

Hosea Knowlton: When you came down from the barn, what did you do then?
Lizzie Borden: Came into the kitchen.

Hosea Knowlton: What did you do then?
Lizzie Borden: I went into the dining room and laid down my hat.

Hymon Lubinsky Trial Testimony

Andrew Jenings: Well, when you got your team and drove out of the stable, which way did you drive?
Hymon Lubinsky: Towards Second street.

Andrew Jenings: Did you go down by the Borden house?
Hymon Lubinsky: Yes, sir.

Andrew Jenings: Well, when you got to the Borden house did you see anybody on the premises?
Hymon Lubinsky: Yes, sir.

Andrew Jenings: Whom did you see?
Hymon Lubinsky: I saw a lady come out the way from the barn right to the stairs back of the house, the north side stairs, from the back of the house.

Andrew Jenings: Right side of what?
Hymon Lubinsky: I saw a lady come out the way from the barn right to the stairs from the back of the house.

Andrew Jenings: Can you tell how she was dressed?
Hymon Lubinsky: She had on a dark colored dress.

Andrew Jenings: Could you give the color of it?
Hymon Lubinsky: I can't tell what kind of color it was.


Andrew Jenings: Did she have anything on her head?
Hymon Lubinsky: No, sir.

Andrew Jenings: What was she doing?
Hymon Lubinsky: She was walking.

Andrew Jenings: In which direction?
Hymon Lubinsky: She was walking very slow.

Andrew Jenings: Which way, towards the steps or away from them?
Hymon Lubinsky: She was going down on the stairs toward the house.

Andrew Jenings: Toward the steps?
Hymon Lubinsky: Toward the steps.

Andrew Jennings explicitly asks about the hat, knowing Lubinsky would say no, and Hosea Knowlton doesn't pursue that discrepancy with Lizzie's testimony because he can't, it was excluded. Was Jennings baiting the prosecution to admit there could have been a 3rd woman and therefore another potential suspect? It's looks like no, but I think that would have been an interesting tactic.

1. Lubinsky says he sold ice cream to Bridget and knew her by sight and it wasn't Bridget.
2. Lizzie said she was wearing a hat, so it wasn't Lizzie.
3. Mystery woman could be the killer?

Note: The term hat trick is a common sports term usually referring to achieving 3 specific feats in one event. I thought it would make a catchy thread title.

[Lorcan]

Just to clarify, here's where I think we might have a bit of fun pondering the possibilities:

1. If Lubinsky is lying about the whole thing to help Lizzie, why contradict her on the hat? Why not say blue dress?

2. If Lubinsky is not lying, it looks like Lizzie really did go to the barn for some purpose, (or at least the back yard, since there is a jog in the path and Lubinsky could only be sure Lizzie came from the back yard) or there really was a third woman or he is wrong about it not being Bridget.

3. Why did Jennings bring up the hat knowing it would either make Lubinsky look like an unreliable witness or risk the jury not truly ignoring what they heard in the opening, when Moody mentioned, twice in quick succession, that Lizzie said she put her hat down in the dining room?

Commonwealth Opening Statement at the Trial, William Moody speaking:
Well, gentlemen, as inquiry begins to multiply upon her as to her whereabouts, another story comes into view, and she repeats it again and again, and finally repeats it under oath, that at the time after Bridget went up stairs she went out into the barn and into the loft of the barn to get lead to make sinkers. Now, gentlemen, having in view the character of her statements, that she heard the noise, you will find that when she gave a later and detailed account, she said that she went into the loft of the barn, opened the window, ate some pears up there, and looked over some lead for sinkers, came down, looked into the stove to see if the fire was hot enough that she might go on with her ironing, found it was not, put her hat down, started to go up stairs to await the fire which Bridget was to build for the noonday, and discovered her father. It is not, gentlemen, and I pray your attention to it, a difference of words here. In the one case the statement is that she was alarmed by the noise of the homicide. In the other case the statement is that she came coolly, deliberately about her business, looking after her ironing, putting down her hat, and accidentally discovered the homicide as she went up stairs.

[Lorcan]

More

[camgarsky4]

Pretty amazing that seemingly no one has included the word 'hat' in any posts in over 20 years.

The incongruity of Lubinsky stating the woman he saw was NOT wearing a hat and Lizzie noting that she placed her hat on the dining room table immediately after entering the Borden home can be explained only a limited # of ways.

The most obvious include:
*Lubinsky saw a woman at a home other than the Borden's or, if the Borden home, it was a woman other than Lizzie (ex. Churchill, Bridget).
*Lizzie's recollection was flawed in spite of providing a VERY specific detail.
*Lizzie and/or Lubinsky lied about the incidences.

Lizzie's retellings of her movements that morning were markedly inconsistent. The hat is another example.

One last thought....recalling the minor detail of removing and placing a hat just seconds before discovering your dead father would be a very odd thing to 'add' to your memory if it hadn't actually occurred. So in this specific situation, the inconsistency of 'hat or no hat' erodes the veracity of Lubinsky's claim.

[Inspector]

I don’t recall if Bridget wore a hat while washing windows, but I do recall Bridget’s dress being a dark color.
Bridget was also quite tall, and thin/trim although her photo doesn’t give that impression. (distinct from Lizzie.)

Perhaps Lizzie assumed/knew Bridget would have worn a hat outside while cleaning, but had no way of knowing what Lubinsky would say, so Lizzie’s “hat” comment was a slight attempt to give the appearance of truth to her barn story.

Personally, I haven’t given much belief in Lubinsky, therefore as Cam says “it’s a wash.”

[Inspector]

Cool photos , I wish we had more of the barn.

[camgarsky4]

Cunningham called the central police station by 11:15.
Lizzie likely called down Bridget around 11:05-:07.
Gardner and Lubinsky both state Lubinsky left the stable between 11:05-11:10. Both note the time as probably closer to 11:10.
Churchill likely came over to Lizzie's side door around 11:10.
Bridget likely ran over to the Bowen's around 11:08-09
Alice likely arrived at Lizzie's house close to 11:15-17

Clearly no possibility that Lubinsky saw another woman besides Lizzie (sarcasm). Keep in mind, he probably spend 2-3 seconds max passing the Borden alleyway. It's actually quite amazing and interesting how many details he provides of what he saw in those milliseconds of time.

[Lorcan]

Here's the rest of what I have so far. I found a better photo of the barn dismantlement with some of the other buildings visible. In the well photo you can see the front of the garage up close.

[Lorcan]

"Gardner and Lubinsky both state Lubinsky left the stable between 11:05-11:10. Both note the time as probably closer to 11:10."

That really stands out. What is the point of his testimony at all? It was clearly after Andrew was discovered. I don't know how I missed that so far.

[Lorcan]

I just noticed someone changed the side door of the barn and turned it into a window between 1892 and 1938. There is one window and 2 doors in the 1892 photo of the south side of the barn and the door immediately west of the interior stairs is walled up like a window in the demolition photo.

[camgarsky4]

I should have posted the testimony instead of generalizing.....

Lubinsky Trial Cross-Examination
Q. When did you look at the clock,---at any time during that day?
A. I looked at my watch that time when I left the stable.
Q. When was that?
A. A few minutes after eleven.
Q. How many?
A. I could not tell you whether five or ten minutes, but a few minutes after eleven.
Q. Didn't you look to see how much after eleven?
A. It was a little after eleven.
Q. You didn't look to see?
A. I could not tell whether it was five or ten minutes after eleven.

Gardner Trial
Q. Do you remember anything about what time it was that day when Mr. Lubinsky took his carriage away?
A. I do, yes, sir.
Q. Won't you tell us---about what time was it?
A. I was ---
Q. About what time was it?
A. When he went out with his team?
Q. Yes.
A. Between five and ten minutes past eleven.

Gardner trial cross examination
Q. What time do you think he did leave the stable?
A. I think he left the stable about ten minutes past eleven.

[Lorcan]

That testimony is pretty definitive, thanks.

Also, I just realized why the door might have been converted into a window. As time progressed - and plumbing improved, those two privies would have been removed, so why have 2 side doors? Perhaps it was better to regain the swing space the middle door took up for more modern uses of the garage floor space.

[Inspector]

I’ve never seen that privy photo before. That’s amazing,
Didn’t know it existed.