she was getting tired of it and he told her that he would; she also said there was no use in searching her own room, because she always locked it and no one could get into it or throw anything into it. He then came down stairs; saw Dr. Dolan and the officers in the cellar; spoke to them and then found in the middle cellar, on a shelf near the chimney, the head of a hatchet; the shelf was about six feet from the ground; at the time he found the hatchet there was a small piece of wood sticking in the head, it was a part of the handle. The hatchet was covered with a heavy coat of white ashes upon both sides of the blade; in fact all over the hatchet; the substance, as he thought, was fine ashes; there were other tools on the box at the time, they were covered with a light dust but not ashes; the dust on the other tools was lighter and finer than the ashes on the hatchet; he saw that the piece of the handle was a new break; the break was also covered with ashes; he put it back into the box with the other tools. He then went outside.
CHAPTER XXV.
Fifth Day of the Trial.
The forenoon was devoted to an exhaustive cross examination of Mr. Fleet by Mr. Robinson. Captain Philip Harrington was the next witness. “I was at dinner on the day of the tragedy, and it was 12 o’clock when my attention was first called; I went in by the front gate, along the north side, and went in at the north door; I saw Mr. Sawyer at the door; I didn’t see Lizzie there, but there were some ladies and some officers. I asked a question or two, and was directed to the sitting room, where Mr. Borden’s body was on the lounge, covered with a sheet; I looked at the face, but could not recognize it; some of the blood was very dark, some very bright; it all had a fresh appearance, and as I stood there a small drop came down the side of his face; when I was there one or two persons stood beside me; then I went up to the room where Mrs. Borden’s body lay; I saw the body when I was on the stairs, my head being just on a level with the floor. I went in, looked at the body, saw blood on her dress, on the pillow sham, and some on the spread. The blood was quite dark; then I went out and met two officers in the doorway; in the doorway on the east I looked and saw Miss Russell and Lizzie; I had a conversation with Miss Borden, asking her to tell me all she knew, but she said ‘I can tell you nothing at all;’ she said her father came home from the post office with a small package in his hand; ‘I asked him if he had any mail for me; then I went out in the yard, and into the barn,’ saying she had heard nobody in the meantime; she said she was up in the loft. I asked her if the motive was robbery and she said no; everything was all right, even to the watch in his pocket and the ring on his finger; I asked her if she had any reason to suspect anybody. ‘No-o-o, I have not.’ Said I, ‘Why hesitate?’ ‘Well,’ she said, ‘a few weeks ago father had angry words with a man about something.’ ‘What was it?’ ‘I don’t know, but they were very angry at the time, and the stranger went away.’ ‘Did you see him at all?’ ‘No, sir: they were in another room—but from the tone of
their voices I knew everything wasn’t pleasant between them.’ ‘Did you hear your father say anything about him?’ ‘No, sir. About two weeks ago he came again. They had a very animated conversation, during which they got angry again, and I heard father say, ‘No, sir, I will not let my store for any such business.’ But before they separated I heard father say, ‘When you are in town, come again, and I will let you know about it.’’ She was dressed in a plain—or in a house wrap, striped in pattern, a pink and light stripe alternating—pink the most prominent color or shade. On the light stripe was a diamond figure formed by small bars or stripes, some of which ran parallel with the stripe and others biased to it, or diagonally. It was fitted to the form on the sides, standup collar, plaited on the sides and closely shirred in front.”
Captain Harrington’s testimony was a comprehensive story of what he had seen and heard at the house on that day.
Captain Patrick H. Doherty said that he heard of the murder at 11:39, and went direct to the house, overtaking Deputy Sheriff Wixon on the way; both went in together; witness described going into the house and his wanderings about it; he was asked to state what Dr. Bowen had said about the body before he (witness) examined it, but the court ruled the question out as being incompetent. “Mrs. Borden, when I saw her, was lying face down with her hands up over her head; the head was close to the wall, six or seven inches away; I lifted the head and looked at it; the furniture in the room wasn’t disturbed, that I remember; on the floor was a bunch of hair, as big as my fist, which appeared to have been cut off; the first time I went there I didn’t see Miss Borden, Miss Russell or Mrs. Churchill. During the afternoon I saw Miss Borden in the kitchen; I asked her where she was when this was done; she said it must have been done while she was in the barn; she said she heard no outcry or screams, but she did hear some noise like scraping; then I had some talk with Bridget and Mr. Mullaly and I went about the house and looked it over pretty thoroughly, going into a room we found open, and then we went down cellar where Mullaly and I found a hatchet. I think it was a claw-headed one. Then I went out in the yard and then to the office; I saw Miss Borden in her room that day before I went away; I went to her room and she came to the door and said ‘One minute,’ and went in and shut the door; It was a minute before she opened it; we looked about the room; when she was down stairs I thought she had on a light blue dress, with a small spot, and there was a ‘bosom’ to the dress. On Friday
morning Lizzie had a talk with Bridget about the back cellar door; she asked ‘Maggie’ if she was sure the cellar door was fastened, and ‘Maggie’ said she was.”
Officer Michael Mullaly said he was sent to the Borden house and arrived there at 11:37; he looked at his watch and fixed the time thus; “I saw Miss Borden and she told me she was in the yard and when she came in he was dead on the sofa; she told me what property her father had on his person. I asked if there were any hatchets or axes on the premises, and she said Bridget Sullivan would show me where they were; Officer Doherty searched the body and found things as Lizzie had said they were.” Witness described at length his search of the premises. On cross-examination he testified to finding a hatchet handle in the cellar box. District Attorney Knowlton, on being asked for this extra piece of handle, said he did not have it, and this was the first time he had ever heard of it. Mr. Fleet was recalled and asked about the broken handled hatchet, where he found it and what else he found. He said he found nothing in the nature of a piece of wood with a new break in it. This created a decided sensation. Charles H. Wilson, a police officer, testified that he went to the house about 1 o’clock on the afternoon of the 4th; heard the talk between Miss Borden and Mr. Fleet; Mr. Fleet asked her where her mother was, and she answered that she saw her last in the guest chamber about 9 o’clock; that she had received a note and gone out; witness described the search of the house.