to tell him because they said go and tell about it. Lizzie said: “Go and tell all about it.” It does not hurt people, sometimes, to tell the truth, to tell all about it. But, gentlemen, hang upon that one blue dress. They have it in the testimony now; they know all about it. Their own witnesses that they bring do not help them at all in this theory. But I ask them this: If Lizzie Borden killed her mother at 9:45 o’clock that morning and then was ready to come down stairs and greet her father and meet him, having on the blue dress, do you think that is probable, besmeared and bedaubed as she would have been with the blood of the first victim, standing astride and chopping her head into pieces by these numerous blows, blood flying all over the walls and furniture, on the bed and everywhere, and she wasn’t touched at all with blood? Then, of course, they are going to say: “O, but she changed her dress, and then, when she killed her father she either had that back again or put on another.” Did she have it back again? Then she had to put that on over her clothes again, and over her person, exposing herself to have her underclothing soiled in that way, a thing not probable in any way. And then, if she put on another dress, then there were two dresses to burn instead of one. The government only wants one; they have all the rest. Think of it. She walked right into that sea of blood, and stood there, slashing it over herself in the first murder; then went and took off that dress and laid it away until her father came in, and then dressed herself for the second slaughter. Then they say that she murdered these two people because Mrs. Reagan, I forbear almost to mention her name, came up here and told you that those sisters had a quarrel, and that Lizzie said to Emma, “You have given me away.” Gentlemen, if there is anybody given away in this case, it is Mrs. Hannah Reagan.
We have got right over among the reporters for the solid truth, now, and we have got John R. Caldwell and Thomas F. Hickey, and John J. Manning. They came from different papers and different cities, and these gentlemen tell you they went to Mrs. Reagan and she said there was not a word of truth in it, and while Mr. Caldwell was trying to find out the facts from Marshal Hilliard, that official, in the abundance of his politeness, told him to get out. My learned friend asked Hickey if it was not a “scoop” between the Boston Globe and the Boston Herald.
And they say that possibly she contradicted herself on some little things, and you noticed the humor there was about it when Philip Harrington said, “I advised her not to submit to another interview
that day.” I thank him. But in walked the rest of the score, and they proceeded to interview, not asking Harrington’s leave, and Harrington himself went there that night again to try his search over with her. That is the way they dealt with her. Now, gentlemen, there is not one of them that, interpreted in the light of the common every-day transactions in the household, is entitled to your credit. And if not, then you cannot group them so as to make them strong or of any influence. She did not try to get Bridget out of the house. If she had undertaken to do these deeds, think you not that she would not have sent Bridget down street to buy something, to go for the marketing, to go to the store, one thing and another? Or send her on some errand, and then have had time undisturbed. You know that she would. But instead of that, everything goes on as usual, and Bridget was about the work. Lizzie happens to walk out to the door, and Bridget says to her, “You need not lock the door, I will be around here.” Bridget knew what the habit of that house was, and so she said, “You need not lock that door, I will be around here.” So Lizzie did not lock it. Lizzie called her attention later after she got the work done, and that they say, after Mrs. Borden was killed, she called her attention to locking the doors if she went out, because she herself might go out. And she spoke to her about the cheap sale at Sargent’s, and there is no doubt about that being true, because they could readily find out in Fall River whether there was any cheap sale at Sargent’s at that time. Now, these are the grounds on which the government will claim or has claimed, and I don’t know what other theories they have claimed, the guilt of the prisoner.
Who did it, and what did it? You see last year they had the theory about these other things, and if they could have tried the case at that time they would have sought to convict this woman on those first four. They now do not dare to say that they would ask to convict her even upon these. They say it may have been. Is the government, trying a case of may-have-beens? Will the judges tell you, as they charge you, that you can convict this defendant upon a theory that it may have been. I think not. Never. And, if they cannot tell you that that is the implement that committed the crimes, where is it. Fall River seems to be prolific of hatchets. Perhaps if we wait awhile there will be another one born. Possibly the district attorney, or the officers over there—not the district attorney, for I don’t think he has anything to do with it, to do justice to him, or possibly some officer, will find some other hatchet and want to bring it in. Well, we are thankful, gentlemen, that this woman was not
tried last August or September, because then, if she had gone to trial on the things that are now declared to be innocent, and they had convicted her with the cow’s hair and the appearances of blood, she possibly would now have been beyond their recall, although they had actually put her to death wrongfully. So much for the theory of experts. And now we are asked at this time to take up another one that they do not vouch for and that they did not dare to stand on, and we are asked to submit this defendant to that incriminating evidence which they say they are not sure about or may have been, and they want to convict her now on things they do not know anything about and do not claim to know anything about, and put it out of their power, six months hence, to tell them if she knows anything about somebody else committing these murders. They have had her for ten months in close control. It has been irksome and wearisome and wearing. Bad as the government would represent her home to be, and falsely so; bad as they would picture it, it is a paradise compared with a jail, and they have transferred her, such is the process of the law, from her home into the custody of the State. And they thought that Tuesday’s sickness and Wednesday morning’s sickness was caused by some irritant poison. But Mr. Wood said: “No, everything is all right; no blood, no poison, nothing whatever.” He has practically said to these men: “Hold on, you are going too far; you cannot go this way.” Now failing in that, as I argue to you, they have unmistakably, they proceed upon the theory, who did it? Now we are not obliged to resort to that, as I told you at the outset. The question is, is this defendant a guilty person, and that is all. But they say, and they said they would prove to you, that there is exclusive opportunity. Well, gentlemen, I meet it right squarely. I say that if they can lock into that house Bridget and Lizzie alone and without having any other way for any other person to get in, and no other person does get in, and two persons are found dead, I am ready to say that Mr. Borden did not kill his wife in that way and then afterward kill himself. I am sure about that. But the exclusive opportunity is nothing but an anticipation that was not realized, as I think we have shown you.
They said nobody else could have done it. Emma was gone. Morse was gone. There is no doubt about that. Bridget was out doors, they said, and later in her room. They said that the defendant was really shut up in the house with the two victims and that everybody else was actually and absolutely shut out. Now I think you and I will agree about the evidence. The cellar door was undoubtedly
locked; I mean the one outside. I have no doubt of that. The front door in the usual course, so says the evidence, was bolted up by Lizzie Wednesday night and unbolted by her Thursday morning. Now they assume she bolted it Wednesday night, but they are not going to assume, I suppose, that in the usual course she unbolted it Thursday morning, but I do, because that is the evidence, leaving only the spring lock on when she unbolted it. They say you do not know that. Well, I say, you do not know it, and you have got the burden of proof, not I. It was fastened by the bolt when Bridget let Mr. Borden in, that is true—the bolt and the key.
The side screen door, gentlemen, was unfastened from about 9 o’clock to 10:45 or 11. That is when Bridget was washing windows and about the house and around the premises in the way she said she was. Now, if that door wasn’t locked, gentlemen, Lizzie wasn’t locked in and everybody else wasn’t locked out. Was it so, the screen door unfastened? You know Bridget said to Lizzie, “You needn’t lock the door, I am going to be around here.” There is no doubt about it. Bridget says she didn’t lock it. Then there was a perfect entrance to that house by that rear screen door, wasn’t there? And when the person got in all he had to do was to avoid meeting Bridget and Lizzie. Bridget was outdoors, she wasn’t in the way, and therefore there was but one person in the house so far as appears, one person below, against whom the intruder could run. Now, look at it. Bridget was outside talking with the Kelly girl, over there on the south side, away off at the corner. She said plainly and decidedly there was nothing to hinder anybody going right in. Mr. Borden had gone down street and there was nobody there on the outside but Bridget, and she was everywhere on the outside. She washed the parlor windows. You know how those are. She couldn’t see the side door when she was there. She went to the barn seven or eight times for water, she says: it may have been more. She was at the dining room windows on the north side of the house; and she said that when she was there she couldn’t even see into the dining room, because the windows are so high that unless a person stood up close to the window they couldn’t see in.
Now, see the significance of that. The government will be going to claim that she stood there and she could have seen way across into the sitting room. But she could not. She was washing the windows with a pole and brush, she wasn’t up on the steps on the outside. And then Lizzie was about the house as usual. She was in the house and about the house. Doing just the same as any decent woman does,