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.”

CAPTAIN PHILIP H. HARRINGTON.

“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.”