The Fall River Tragedy: A History of the Borden Murders

by Edwin H. Porter

abandoned. The seats on the left of the court room were reserved for witnesses and those on the right for friends of the family. The first person of consequence to enter was Bridget Sullivan, and she grew white under the glances of the crowd and the buzz of conversation that her presence created among the women. She was followed by Dr. S. W. Bowen, Mayor John W. Coughlin and others prominent in the case, the advent of each adding excitement to the occasion. Five minutes later the District Attorney entered. Inside the court room the atmosphere was torrid. Judge Blaisdell entered the room at 2 o’clock and took his seat. All the witnesses were present. Half an hour passed and there was no movement toward commencing the proceedings. Attorney Jennings’ books and documents were piled up on his table, but he was nowhere to be seen. It was finally learned that he was closeted with his client. The presence of Eli Bence, the drug clerk, among the witnesses, caused general belief that one of the theories upon which the State was placing dependence was that relating to the purchase and use of poison. Rev. Mr. Burnham, Andrew J. Borden’s former pastor, now occupying a pulpit in Springfield, was also present. Mr. Jennings’ consultation with his client lasted but a few moments, and then he commenced a conference with District Attorney Knowlton. Time passed slowly in the court room, and the presiding Justice frequently glanced impatiently at his watch. Everybody was offering surmises as to the cause of the delay, and it was finally learned that there was a disagreement of opinion between the attorneys representing the prosecution and defence regarding the amount of testimony to be submitted by the Government. Mr. Adams, associated with Mr. Jennings for the defence, was also present at the conference, and the attorneys continued to argue as the minutes dragged along. The Government desired to place in evidence the reports of certain experts, and the attorneys for the defence insisted that they should be furnished in evidence at the hearing. It was understood that the report upon which there was a disagreement was that of Professor Wood, of Harvard. Finally, at 2:50 o’clock, the attorneys entered the court room. A few minutes conversation ensued between the lawyers, and then District Attorney Knowlton addressing Judge Blaisdell said: “Your Honor, some parts of this case required the examination of various things belonging in the house of the prisoner and attached to her person, and these things are now in the hands of gentlemen who are experts in the examination of such matters. We have not been able to get reports of the examinations sufficiently extensive to allow the experts to be

called as witnesses. My learned friends both agree that this case cannot, therefore, be ready to-day, to-morrow or the next day, and we are thus forced to ask that the trial be adjourned till Thursday at 10 o’clock. I think my brother will agree to what I ask.”

Mr. Jennings arose and assented to what Mr. Knowlton had said, and Judge Blaisdell at once declared the hearing adjourned till Thursday the 25th, at ten o’clock, a. m. The prisoner remained in charge of the police matron and was not taken back to Taunton Jail.

The day before the preliminary hearing commenced, a scene was reported to have occurred in the matron’s room between Misses Lizzie and Emma Borden which surprised the attendant, Matron Reagan. During the day, Miss Emma entered the matron’s room and to her great surprise was greeted with this remark from Miss Lizzie:—“You gave me away, Emma, didn’t you?” Then said Emma “I only told Mr. Jennings what I thought he ought to know.” Miss Lizzie was apparently very much agitated at this and said to her sister, “Remember, Emma, that I will never give in one inch, never.” Mrs. Reagan was interviewed by the writer shortly after this incident and next day some of the leading newspapers published an account of the quarrel. The doubting Thomases stamped it as a “fake” and an effort to prejudice the public against the prisoner. Next day and after the court had adjourned Attorney Jennings made himself the object of much interest in and around the police station. He and his associate, Col. Melvin O. Adams, of Boston, with Rev. Mr. Buck and other staunch friends of the accused, attempted to show to the public that the story of a quarrel between the sisters was a lie, pure and simple. But the plan probably did not succeed as well as anticipated. Detective Edwin D. McHenry, of Providence, who had from the beginning been actively engaged under orders of Marshal Hilliard, happened to see the friends of Miss Borden in the act of drawing up a document which he learned was to be presented to Matron Reagan to sign. He promptly notified Assistant Marshal Fleet and the two officers awaited developments. The paper was drawn up and its contents set forth that Mrs. Reagan, the undersigned, never overheard a quarrel between the two women as related in the many papers of that day and that moreover she never told anybody that she had. It also set forth that she was to assert upon her oath that the story of a quarrel was false from beginning to end. This carefully prepared statement was placed in the hands of Mr. Buck and he was entrusted with the delicate mission of inducing Matron Reagan to affix her name thereunto. But Mrs. Reagan refused, saying that she would

have to consult the marshal. Meanwhile the two officers mentioned had informed the Marshal of what was passing and he was prepared for the advent of Lawyer Jennings. This action on the part of the defense had taken place up stairs; and upon the refusal of Mrs. Reagan to sign, lawyer Jennings carried the document to the Marshal’s office. The writer was present when the Marshal refused to allow Mrs. Reagan to sign the paper, even if she were willing to, and Mr. Hilliard’s advice to Mrs. Reagan was that she remain silent until called upon to testify to what she had heard. To say that Mr. Jennings was excited would be putting it mildly. He left the Marshal’s office in a state of rage and with the paper in his hand called loudly to the half hundred newspaper men in the guard room, saying:—“This is an outrage, the Marshal has refused to allow Mrs. Reagan to sign this denial of the quarrel story.” The lawyer was informed that Mrs. Reagan had not agreed to sign it; therefore the Marshal had nothing to do in the matter. An exciting scene followed in which there was animated talk.

On the morning of August the 25th, the day set for the beginning of the trial, the same old scenes were enacted in and around the police station. At 8 o’clock crowds of men, women and children were upon the sidewalks, and half an hour later their numbers had been increased to such an extent that an extra detail of police was placed at the entrance in a vain endeavor to keep the roadways passable for vehicles. The ordinary session of the Court commenced at 9 o’clock, and at that very hour every seat outside the railing was occupied. As before, the gathering was composed almost exclusively of women, many of whom marched boldly into the court room swinging lunch baskets in their hands. There were fewer of these from the station of life occupied by the Borden family than on Monday, but those who were present listened eagerly while a man was tried and convicted of being a common drunkard; craned their ears to listen to the testimony of wives who bore marks of their husband’s brutality, and smiled at the children who were charged with violating the laws of the Commonwealth by refusing obedience to their parents.

In the room of the matron across the passageway Lizzie Borden awaited the commencement of the hearing. Her first visitor of the day was her sister, and soon after Rev. Mr. Buck arrived full of solicitude for the comfort of the prisoner. In the meanwhile the session of the court dragged on in the midst of considerable disorder. This was not occasioned by those in the spectators row, for they were fully occupied, and no more were admitted. Inside the railing

however, the great body of newspaper correspondents labored vigorously while the court officers hurried in and out with chairs and tables in their efforts to accommodate the largely increased number of reporters. These latter reached nearly fifty, and they touched elbows all around as they wrote. Attorneys from near-by cities were present, courtesy of admittance being extended to them. The Fall River bar and the medical profession were as before largely represented in that section of the room generally reserved for witnesses, and there were clergymen of all denominations scattered about in the place. The entrance of Bridget Sullivan at ten minutes before 10 o’clock transferred the interest of the spectators from the trial of a Sunday liquor seller to the most important government witness in the Borden case. Miss Sullivan stood the curious glances and loud whispers much better than on Monday, and, though evidently a trifle disconcerted, the pallor noticeable upon her countenance at her previous entrance to the court room was absent. She was accompanied by her attorney, James T. Cummings. The other witnesses commenced to arrive at this time and then Mr. Jennings entered the matron’s room for a consultation with his client. At 10 o’clock the session of the ordinary court was still in progress, and the gathering was amusing itself by listening to the trial of an individual who declared that he had purchased many hogsheads of beer to celebrate the accession of Gladstone to power, and had no intention of selling the stuff. This concluded the minor cases and there was a great bustle of expectation as the numerous prisoners were taken from the room. Their places were quickly occupied, while outside the building the waiting hundreds stood patiently in the streets. The latter included many out of town people, who had come to the place in the hope that they might secure admission to the court room. So large was this influx of visitors that all the rooms in the hotel were engaged at an early hour of the morning. At 10:15 o’clock Attorneys Jennings and Adams of the defence entered and took positions at the table, two green bags filled with books being brought after them. The excitement immediately increased, and the eyes of all the spectators were riveted on the door, awaiting the entrance of the prisoner. “Make way for the witnesses,” called out the court officer, and the remaining persons summoned filed into the room. Their number was a general surprise, for they extended in a long line around the room. Among them the figures of John V. Morse, Dr. Bowen and the drug clerk Bence were conspicuous and their presence heightened the interest. Conversation was brisk and loud for a few moments and then it lagged perceptibly and everybody fell to wondering

why District Attorney Knowlton was not present, and when Lizzie Borden would come into the sight of the curious throng. The District Attorney arrived at 10:30 o’clock, and a few minutes later Lizzie Borden entered. First came Emma Borden, escorted by Mr. Holmes. She was dressed in black, and appeared somewhat excited. Following her came Mrs. Holmes and Mrs. Brigham, and behind them was the prisoner, leaning on the arm of Rev. Mr. Buck. Lizzie Borden was dressed in the blue gown which she wore to Taunton, and at her entrance everybody grew so excited that nearly half of those present were on their feet almost unconsciously. The prisoner was composed, and beyond a slight twitching of the lips betrayed no excitement whatever.