CHAPTER XV.

Second Day of the Trial.

Dr. Dolan was placed upon the stand again and dwelt at length upon the question of his opinion as to which of the Bordens was murdered first. He said: “I will say that the condition of the blood indicated that it had been out of the living tissues an hour and a half to two hours. Did not, the first time I was up-stairs, examine the edges of the wounds of Mrs. Borden. Formed my opinion of the time since Mrs. Borden’s death when I first saw her. Think she must have been dead an hour and a half to two hours.”

Abram G. Hart was then called to the stand. He is the Treasurer of the Union Savings Bank, of which the late Mr. Borden was President. He testified: “Saw Mr. Borden about 9:30 o’clock at the bank on the day of his death. He usually called at the bank at that time in the morning. The day before, at a quarterly meeting of the trustees, he was not present. He said on the morning of the day he died that he would have been present on the preceding day, but had been ill.” The defence did not cross-examine the witness.

John T. Burrell, cashier of the National Union Bank, in which institution Mr. Borden was a depositor and stockholder, saw Mr. Borden come into his bank on the morning of Aug. 4, the day he died. Did not know if Mr. Borden came back to the bank again. The two banks are in the same building. The defence did not cross-examine.

Everett Cook, cashier of the First National Bank, of which Mr. Borden was a director, saw Mr. Borden at the bank Aug. 4. He came in about quarter of 10 and went out five minutes of 10. He did not come in again that day. He usually came in daily. Charles T. Cook, insurance agent, had charge of one of Mr. Borden’s business blocks on the corner of Anawan and South Main streets. He had been in the habit of seeing Mr. Borden, but did not see him on the day of the murder. The last time the witness talked with Mr. Borden was on the Sunday before the murder. There was no talk with reference to a will. Three weeks before that he had told the witness he had no will, but said nothing about making one. The witness positively denied that he had spoken to Inspector Medley about the fact that Mr. Borden was making a will.

Mrs. Dr. Kelly who lives next door south of the Borden residence, testified that she was at home on the morning of August 4th and saw Mr. Borden walking around from the back door as if he had been trying to get into the house. He had a small white package in his hand at the time. This was at twenty-seven or twenty-eight minutes before 11 o’clock, and she fixed the time, by an appointment which she had with the dentist. Jonathan Clegg saw Mr. Borden in his store on the morning of the murder at 10:20 o’clock, and he left there exactly at 10:29 o’clock. On leaving the store Mr. Borden went south.

John Cunningham, a newsdealer, testified that he was in front of a house four houses north of the Borden place when he first heard of the murder. Saw Mrs. Churchill cross the street. Was told that Mrs. Churchill wanted a policeman and telephoned to the City Marshal by a clerk in the paint shop. It was ten minutes to 11. Cross-examined by Mr. Jennings—“When I telephoned I was going up towards the store. Mrs. Churchill I saw coming from her own house, I should think. Mrs. Churchill came over to some men. I passed them, and after I had gone three or four feet a boy told me Mrs. Churchill wanted me to telephone. Officer Allen then came along. He went in the house right off and came out. Charles Sawyer went into the house with Mr. Allen. Then I went down street, and when Mr. Allen came out I asked him what the matter was and went in. Found Mr. Manning and Mr. Stevens, two reporters, in the yard. Did not notice anybody go in the barn.”

Mr. Jennings—“Did you notice the cellar door, Mr. Cunningham?” “I did particularly. I tried it and it was locked. I remained there about ten minutes more. Officers Doherty and Mullaly came.”

Francis H. Wixon, a deputy sheriff, was in the Marshal’s office when he heard of the murder. The Marshal was talking through the telephone. It was about ten or fifteen minutes past 11, as on his way to the office he heard the bell in the city hall strike 11. The witness went up five or six minutes after the message was received and arrived at about 11:30 o’clock. There were not many people in the house and the witness saw Dr. Bowen there upon his arrival. Officer Doherty overtook the speaker in the yard, and together they went in the house, and looked at the body of Mr. Borden. He knew nothing about Mrs. Borden’s murder and had some consultation with Dr. Bowen. The result was that the witness removed Mr. Borden’s watch. Saw nothing of Lizzie Borden. Dr. Bowen then went upstairs and the witness and the officer followed. He saw Dr. Dolan there before the witness left. Continuing, Mr. Wixon said, “I went out in the yard and looked south. There I saw a man in an open space, who was sawing wood. In the same lot I saw two other men at work. They had not heard of the murder and I told them.”

At this point the court took a recess for dinner, and upon coming in again, John Shortsleeves testified to having seen Mr. Borden in a shop on South Main street at 10:30 or 10:40 o’clock. Then John V. Morse, a brother of Mr. Borden’s first wife, was called, and said:

“I am 59 years old; live at present at the Borden house. My permanent home is Dartmouth. I used to live in Iowa, in the West. I returned from the West after living there 20 years, three years ago last April. I first lived in Warren and then in Dartmouth. My sister, the past Mrs. Borden, died about 1863. Heard of the marriage to the second wife before I came from the West. Have resided in Dartmouth the past year, coming to Fall River every month or two. In connection with the tragedy, left New Bedford to come here August 3 on 12:35 train. Saw Lizzie at the Borden house. Arrived there about 1:30 o’clock; dined there, stayed till after 3, then went over to Swansea; hired a horse and wagon, and got back about a quarter of 9. Visited Borden’s farm and another place; went there on business relating to Mr. Borden; went there to see about cattle that day; invited Mr. Borden to go with me. I saw Mr. and Mrs. Borden on my return. Emma did not arrive until the night of the tragedy at about 6 o’clock. I did not see Lizzie until after the couple were killed. I heard her come in the night before and go up the front stairs. This was about 9:15. Her room was at the head of the front stairs, and I occupied the spare chamber. This room was not accessible at night from the stairs. Mr. and Mrs. Borden slept in the east room next to Lizzie’s room. Miss Emma’s room was just north of Lizzie’s, just back of the spare room. Stairs lead from Miss Lizzie’s room to the spare room. I did not hear Miss Lizzie’s voice when she entered. I retired about 10 o’clock. Mrs. Borden retired first. I rose about 6 o’clock and came down stairs a few minutes afterwards. When I came down I found no one, and I first saw Mr. Borden. This was fifteen minutes after I came down. He entered the sitting room and Mrs. Borden appeared soon afterwards. I took breakfast with the family, Mr. and Mrs. Borden and myself. We ate breakfast at about 7 o’clock, and I then saw the servant. She waited upon the table, coming in when the bell was rung. There were bananas on the table. After breakfast we went into the sitting room and engaged in conversation. Mrs. Borden came in and out of the room, and was dusting. She had nothing on her head. I went away at a quarter before 9, and Miss Lizzie had not been down, to my knowledge. I went down to the post office and mailed a letter. Then I went up Pleasant to Weybosset street to visit a niece at the home of Daniel Emery. This is about a mile away.”

District Attorney—“Where did you go when you went away from the house? I don’t ask this for my own sake. The witness is no client of mine, but it’s only fair in view of what has been said that he should tell his story.”

“The last I saw of Mrs. Borden she was in the front entry. The last words Mr. Borden said were: ‘John, come back to dinner.’ I fix the time I left the Borden house at a quarter of 9 by having my watch with me. I saw Mrs. Borden go into the front hall before I left home. Can’t say if she had a feather duster in her hand. It was the last time I saw her alive. It was Mr. Borden who let me out that morning. The letter I posted was, I think, to Mr. William Lincoln. I walked up to Emery’s; left there at 11:20 o’clock. The dinner hour at the Borden house was usually 12 o’clock. I came back on the horse car down Pleasant street, and went right up Second street. At the door the servant girl told me of the affair. Inside the house were Mr. Sawyer, Dr. Bowen and two policemen. I did not see Dr. Dolan there. Then it was about a quarter of 12, I should estimate. After I had been in the house two or three minutes I saw Miss Lizzie in the dining room on the sofa. I spoke to her, but I do not remember what I said. I saw the bodies and then went down stairs and saw Lizzie. I did no searching. The last time I was at the house before this was in the middle of July. I did not see Miss Lizzie then. I was there in June and stayed a day and did not see Miss Lizzie at that time. I was on corresponding terms with Mr. Borden and Emma when I was West. I never had a letter from Lizzie in my life.”

Mr. Morse testified that Mr. Borden had told him that most of the family had been sick the day before. He was also questioned at length concerning the condition of things at the house when he arrived.

Bridget Sullivan was then called and said: “My name is Bridget Sullivan, and I was known by the name of Maggie at the Borden house. I was employed there for two years and nine months. I swept the front hall every other week and had no duties in the bedrooms. At the time of the tragedy Miss Emma was not at home. She had been out of town for a week, and when she was gone the family consisted of Mr. and Mrs. Borden and Miss Lizzie. Miss Lizzie went with Miss Emma when she went away, but came back. I first saw Mr. Morse between 1:30 and 2 o’clock on the day he arrived. I saw him again walking out in the afternoon. I did not see him when he arrived home that night. I got up at 6:15 o’clock Thursday morning, and it was 10 o’clock the night before when I retired. I locked the screen door and the back wooden door before I went to bed. When I came down in the morning I found the doors exactly as I had left them, and I opened them. I went out for milk, and afterward hooked up the screen door. The back door remained open. Nobody else came in or out that I can remember, except members of the house. I did not go out of the house again until Mr. Borden went out. Nobody was up when I came down, and the first one I saw was Mrs. Borden. I saw her in the kitchen and on the back stairs at half past 6. Never knew anybody to go up the back way to the front part, or the front way to the back part; Mr. Borden came down about two minutes after Mrs. Borden; he went out doors before breakfast; he went into the barn and got some water; he emptied a pail from the house and came back; I was in the kitchen all the time; after Mr. Borden came in with his pail he washed up; he put his dressing coat on after washing up; think he put his necktie and collar on after breakfast; we had for breakfast cold mutton, soup, johnny cakes and coffee; breakfast, as nearly as I recollect, was at 7:15; after breakfast they were in the sitting room; Mr. Morse had come down to breakfast; he went out at quarter of 9, I should judge; Mr. Borden let him out; Mrs. Borden, I expect, was in the sitting room when Mr. Morse went; I saw Mr. Borden there about 9; don’t know when Mr. Morse went; after Morse went, Mr. Borden went up the back stairs; did not see him when he came down or went out; don’t know if he went out the front or back door; I went out in the back yard awhile; I was sick at my stomach and vomited; did not see Mrs. Borden when I came back; was out in the yard four or five minutes, and came back into the kitchen and washed dishes. Mrs. Borden told me she wanted the windows washed inside and outside all around the house. I did not see Mrs. Borden after that. She went into the kitchen. The next time I saw her she was dead. Lizzie was then through with her breakfast. She came down stairs before I went outside. She was then in the kitchen. When I came back I don’t know where she was. I asked Lizzie what she wanted for breakfast and she said she didn’t feel like eating anything. When I saw Mrs. Borden she had a dusting cloth and was dusting the dining room. I didn’t know where Lizzie was. That was after both men had gone. I don’t know whether or not I locked the screen door after I came in from vomiting. I then cleaned up the kitchen and straightened up and commenced to prepare to wash the windows. I went down cellar and got a pail, got a brush from the closet and went out to the barn to get a stick. Miss Lizzie then came into the back entry and asked where I was going. I told her I was going to wash windows and that she need not hook the door. I told her I’d get the water in the barn, and she said all right. The door was then hooked and I had to unhook it. I was down in the cellar earlier in the morning to get coal and wood. The next time I went down was when I got the pail. It was half an hour after Mrs. Borden told me to wash the windows before I commenced. During that time I did not see Miss Lizzie except when she came to the screen door. Where she was I don’t know. I had not been doing any work in the spare room; Lizzie Borden never did work in the spare room when her friends had occupied it. After I went out to wash the windows I saw Lizzie; she had asked me as I went out if I was going to wash the windows; I told her yes, and that if she wanted to close the windows I would get water in the barn; five windows I had to wash; I shut three before I went out, and two others were already shut. I did not see Miss Lizzie after I got out; I had not seen anybody while I was in the barn after the dipper. When I went down stairs after the pail, I went down the kitchen stairs. We wash on Monday, and iron Tuesday, and on Monday and Tuesday the cellar door was open. I opened the door the day I hung my clothes out, and don’t know if anybody else went in or out of it that week before the murder. I shut and locked the door Tuesday, myself. I got through washing the windows at twenty minutes past 10, I think. Washed the sitting room side first and then the parlor and last the dining room. The windows were shut upstairs. I then went inside at the screen door, hooked it, and getting a hand basin washed the sitting room windows inside. Did not see Lizzie or Mr. Borden in the house while I was washing the sitting room windows. Didn’t see anybody outside or in the house while I was washing windows. I heard Mr. Borden try to get in at the front door. Afterwards went to the front door and found the bolt and lock turned. Miss Lizzie was upstairs at that time. She might have been in the hall, for I heard her laugh upstairs as I let Mr. Borden in. I went to open the door and it was locked, and I made some exclamation when she laughed aloud. I did not see her until five or ten minutes afterwards. I was in the sitting room. Mr. Borden came in and sat down at the head of the lounge in the dining room. He was reading and I was in the sitting room washing windows. I did not see her when I let Mr. Borden in. I heard her tell her father that Mrs. Borden got a note and went out. Lizzie spoke very low. I don’t know where Lizzie went then, and I don’t know whether or not she stayed in her room. After I finished in the sitting room, Mr. Borden took the key from the sitting room shelf and started upstairs the back way. When he came down I was just going into the dining room. I did not see Miss Lizzie then. She was not in the dining room, sitting room or kitchen. Then Mr. Borden sat down near the window in the sitting room, with a book or paper in his hand. He brought the key back and put it on the shelf. He sat in an easy chair, and I had started to wash the first window in the dining room. I did not see Miss Lizzie, and only saw her when she came into the dining room, and then to the kitchen, and then back again to the dining room with an ironing board. She placed the ironing board on the dining room table. Where she came from I do not know. She put the ironing board on a corner of the table. It was about two feet long. She always ironed the handkerchiefs. I did not hear Mr. Borden leave the chair in which he was sitting. After I finished I came into the kitchen, and Miss Lizzie asked me if I was going out. I told her I didn’t know, as I was feeling sick, and she said if I went out to be sure and lock the door, as “I may be out,” and Mrs. Borden had got a note and gone out. I then went upstairs to my room, and Miss Lizzie was down stairs working at the ironing board. She came out and told me there was a sale of dry goods at Sargent’s. If Mr. Borden changed his position to the sofa, I didn’t know it. Soon after I got upstairs it struck 11 o’clock. I was then lying in bed, but I didn’t take my clothes off. I thought I had time enough to get dinner at half past 11. I always went upstairs before dinner if I had time. Didn’t look at the fire before I went upstairs. The dinner was to be soup to warm over and cold mutton. Had not put the soup on, and the potatoes were in the soup. A coal fire was started in the morning. I was going down stairs about 11:30. Had not gone out of the screen door again after I commenced to wash the windows inside. I next heard something when Lizzie called me. It might have been ten or fifteen minutes after I came upstairs. She hollored at me. I knew from the way she hollored something was the matter. She hollored loud; she said her father was dead. She told me to run after Dr. Bowen. I wanted to run in ahead and see, but she told me to run quick and tell the doctor. I went and told Mrs. Bowen about it. Mrs. Bowen told me to tell Miss Russell about it and I went back and told Miss Lizzie. She told me to go after Miss Russell. When I got back from the Bowens, Miss Lizzie was still at the door. When I got back from Miss Russell’s Dr. Bowen had just got out of his wagon, and I think Mrs. Churchill was there. Miss Lizzie was then in the kitchen. We talked, and Miss Lizzie said she’d like us to search for Mrs. Borden. I said I’d go upstairs, and Mrs. Churchill said she’d go with me. I went up and saw Mrs. Borden before I went in. When the house was searched that day a box of hatchets was behind the furnace. I don’t know if the cellar door was open when the officers were searching the house the day of the murder. I asked Lizzie where she was, and she said she was out in the back yard.”

“When was it she said that?” “After I got back from Mrs. Russell’s.” “Do you know what dress she had on?” “I don’t know.” “Had Mrs. Borden said anything to you about going out?” “No, sir.” “Was it her habit to notify you when she went out?” Mr. Adams promptly objected to this and the Court excluded the question. “Then the only thing you know about her going out was what Lizzie told you?” Mr. Jennings objected to this question and said that while he did not object to the District Attorney asking leading questions on unimportant matters, this was altogether too serious a point to allow such queries. District Attorney Knowlton declined to take this view of the matter, and a discussion commenced, pending which an adjournment for the day was taken.