CHAPTER XX.

Lizzie A. Borden Indicted.

Contrary to the expectations of a great many people, Judge Blaisdell held that Lizzie Borden was “probably guilty” of the murder of her father. She was not tried nor accused of the murder of her stepmother; all that the State desired was to hold her to await the action of the grand jury of Bristol County. The prisoner was transferred to the county jail at Taunton and delivered into the keeping of Sheriff Wright and his wife. The latter, the matron of the institution, formerly lived in Fall River, where she knew the Bordens very well. The accused was therefore in the hands of the kindliest of persons who undoubtedly made her stay as pleasant as it was possible under the circumstances. She was allowed certain privileges, and for the most part occupied her cell as an ordinary prisoner. Her sister Emma, Rev. Mr. Buck, Rev. Mr. Jubb and her lawyers made frequent visits to the jail. Her life in the county bastile was that of the other inmates, and nothing happened until November, to attract to her more than passing interest. The newspapers made frequent reference to the case, but as she never read the daily papers she was not disturbed by them. One New York newspaper printed a magnificent “fake” interview which its representative was supposed to have had with the accused, and ever and anon there would appear something to awaken interest in the case. The grand jury, composed of twenty-four men, assembled on November 7th to consider the criminal cases in Bristol county. The Borden case was reserved for the last. The greater part of the week ending November 21st, was devoted to this case. The State submitted most of its evidence and the District Attorney established a precedent by notifying Attorney Jennings that he would be allowed to present to the jury the evidence for the defense. This meant that Mr. Knowlton was so manifestly fair in conducting the case in the grand jury room, that he was willing and anxious that the jury hear not only the evidence against Miss Borden, but the testimony in her behalf. If after hearing both sides the jury found her not guilty, he would be well satisfied, and if on the other hand she was found to be guilty he would be equally satisfied. On the 21st the news of the adjournment of the jury without action in the case was heralded throughout the land. No one seemed to know what it meant, but almost everybody had a theory. Very few of these theories were alike, and perhaps none of them were correct. The grand jury simply adjourned until December 1st, and that was all the public knew.

On the day set, it convened again and the State presented more evidence.

Miss Alice Russell, an important witness, reappeared voluntarily, and relieved her mind of a few facts which it is said, had been forgotten or overlooked at the time of her first appearance.

The next day, the 2d of December, the grand jury returned three indictments against Lizzie Borden. One charged her with the murder of her father, Andrew J. Borden, another charged her with the murder of her stepmother, Abbie D. Borden, and the third charged her jointly with the murder of both. At the time the vote was taken on the question of her indictment by the jury there were twenty-one members present. Of these, twenty voted “yes” and one voted “no.” So it happened that twenty men had said upon their oaths, after having heard the evidence impartially given, that Lizzie Borden was guilty. There were thousands of people who had maintained all along that the Fall River police, the Medical Examiner, the Judge of the District Court and the District Attorney had labored in vain, and that the grand jury would fail to find a true bill; but alas for those good people who had traduced the City Marshal’s character, yes, assailed his honesty of purpose and doubted his capabilities, and in some instances gone even further—his acts as well as those of his associates had been endorsed. It was an hour of triumph for them even if it was one of sadness for the prisoner’s friends.

The criticism of the City Marshal assumed various and in many instances unique forms. One instance will suffice to show to what extremities a few foolhardy editors carried their prejudices. An afternoon newspaper published in Worcester, Mass., inflicted upon its readers a screed worthy the ablest efforts of a Chicago anarchist. It printed an editorial, at the time of the cholera scare in New York, in which it expressed a desire that the Asiatic pestilence would come up Narragansett Bay and destroy every man connected with the prosecution of Lizzie Borden. It drew a pen picture of the dread disease in the act of purging the city of Fall River of such men as would dare to insinuate that the young woman was guilty. Then it sat back on its haunches, that editorial, and chuckled with goulish glee at the prospect. Looking at this case in the light of the action of the grand jury it would seem that the author of that editorial was a trifle hasty. This was an extreme case, and yet there were many instances wherein a similar sentiment was expressed.

Miss Borden remained in Taunton Jail until the 8th of May, 1893, when she was taken to New Bedford, Mass., and arraigned before Judge J. W. Hammond of the Superior Court to plead to the indictments. Her plea on each charge was “not guilty.” The date of her trial was set for June 5 following, to take place in New Bedford—and she was taken back to Taunton. Meanwhile, Ex-Governor George D. Robinson was retained to assist in her defense. Her arraignment created anew public interest in the case and a few days later the news was sent out from Taunton that she was very ill with a cold contracted on the journey to and from New Bedford. Still another story was circulated to the effect that her mind was weakening under the great strain and worry, but it was promptly denied the next day.

About this time Mrs. Mary A. Livermore paid the accused a visit and was accorded an interview at Taunton Jail. The next day New England people were treated to a very pathetic story over the name of Amy Robsart, which was contrary to the report of Miss Borden’s mental condition. Mrs. Livermore had told Miss Robsart and the latter had painted the picture.