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Inadmissible: The Case of Lizzie Borden and Other Murderous Women
Inadmissible: The Case of Lizzie Borden and Other Murderous Women
Inadmissible: The Case of Lizzie Borden and Other Murderous Women
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Inadmissible: The Case of Lizzie Borden and Other Murderous Women

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The story of Lizzie Borden revolves around one of the most sensational unsolved crimes in American history. Andrew and Abby Borden, Lizzie’s father and stepmother, were killed in a horrifying double axe murder.
Their violent deaths occurred in the nineteenth century, at a time when women were ruled by the heavy hand of patriarchy, and still had no legal rights. Also in this era, the Women’s Suffrage movement emerged as a powerful force that began to shift society toward greater freedom and legal protections for women.

As I looked deeply into the Borden case, I discovered numerous murderous women in the Victorian era whose circumstances echoed elements of Lizzie’s story. They, too, struggled with harshly restrictive laws and cultural norms that deprived them of so much. Did these unendurable pressures and expectations drive all of them to murder?
LanguageEnglish
PublisherXlibris US
Release dateNov 3, 2020
ISBN9781664139244
Inadmissible: The Case of Lizzie Borden and Other Murderous Women
Author

Kimbra Eberly

Kimbra Eberly grew up in York, Pennsylvania, and moved to New York City, where she successfully pursued a career in music. When she happened to accompany a friend on vacation, they stayed at The Lizzie Borden Bed & Breakfast/Museum. The trip kindled Kimbra’s interest in unsolved crime, and she subsequently studied at the College of Staten Island, with a concentration in forensic psychology. Kimbra worked as a researcher for the University of Chicago’s National Opinion Research Center for eight years. She travelled the country extensively and collected data for varied studies to improve government programs. She is an accomplished artist in diverse fields. You can visit her website at www.kimbraeberly.net. Kimbra lives happily in Staten Island, New York, with her partner and their two cats.

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    Book preview

    Inadmissible - Kimbra Eberly

    Copyright © 2020 by Kimbra Eberly.

    All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the copyright owner.

    Any people depicted in stock imagery provided by Getty Images are models, and such images are being used for illustrative purposes only.

    Certain stock imagery © Getty Images.

    First edition

    Excerpt From: Kimbra Eberly. Inadmissible - The Case of Lizzie Borden and Other Murderous Women. iBooks.

    Original Cover Art - Copyright © 2020 - ErinKelli Kilbane

    http://www.erinkellikilbane.com

    Publishing of this book was made possible in part by a DCA Art Fund Grant from Staten Island Arts

    http://statenislandarts.org

    Editor - Margaret Chase

    http://www.onwavestreet.com/margaret-chase

    Author - Kimbra Eberly

    http://www.kimbraeberly.net

    Rev. date: 10/30/2020

    Xlibris

    844-714-8691

    www.Xlibris.com

    809866

    CONTENTS

    Acknowledgements

    Photo Index

    Preface

    HISTORY LESSON

    Chapter 1 The Crime

    Chapter 2 Fall River

    Chapter 3 The School Days

    Chapter 4 The Story of Constance Kent

    Chapter 5 Women and Madness

    Chapter 6 Women in Society

    Chapter 7 The Grand Tour

    Chapter 8 Important Robberies (left out of trial)

    Chapter 9 Alice Russell Trial Testimony

    Chapter 10 The Story of Marie Lafarge

    Chapter 11 Poisoning - Eli Bence Testimony (inadmissible)

    Chapter 12 The Story of Florence Bravo

    THE INVESTIGATION

    Chapter 13 The Locked Doors and Timeline

    Chapter 14 Police Investigation

    Chapter 15 The Funeral

    Chapter 16 The Story of Madeleine Smith

    Chapter 17 The Missing Dress

    Chapter 18 The Story of Euphemie Lacoste

    Chapter 19 Forensics

    Chapter 20 Life in Jail

    Chapter 21 Motives /Alibis / Suspects

    THE AFTERMATH

    Chapter 22 Life at Maplecroft

    Chapter 23 The Story of Nellie Bly

    Chapter 24 Asylums

    Chapter 25 Psychological Profile

    Chapter 26 Wills and Graves

    Chapter 27 The Story of Polly Bodine

    Chapter 28 Paranormal and Pop Culture

    Chapter 29 Opinions

    Chapter 30 Oh, Come On! She Did It!

    Bibliography

    INADMISSIBLE

    The Case of Lizzie Borden & Other Murderous Women

    by

    Kimbra Eberly

    46373.png

    "Murder is the work of stealth and craft, in which there are not

    only no witnesses, but the traces are attempted to be obliterated."

    Hosea Knowlton (Trial, 1767)

    "Augustus Swift of New Bedford, accompanied by

    Captain William Lewis, visited Miss Borden in Fall River

    to present her with a 30x20 inch photograph of the jury in

    a group" (New Bedford Daily Mercury July 4, (1893.4)

    It was said that Lizzie hung this picture at Maplecroft.

    ACKNOWLEDGEMENTS

    I am thankful to so many people who have supported me over the years. I want to start off by thanking my awesome partner, Kenny Graham, who I love dearly. You listened to me every day, for years, talking about Lizzie Borden. You travelled with me to the Borden house many times, even the last crazy trip to Maplecroft, enduring a twelve-hour day. You encouraged me and supported me during every struggle, and told me keep going! when I questioned myself if I could even write a book.

    I am eternally grateful to my friend, theatre artist and writer Margaret Chase, my editor who believed in me and helped me shape and sculpt this story. A strong supporter of women’s issues herself, she helped bolster my ability to tell this story, recognizing the social constraints hindering women’s empowerment that still have not been adequately addressed. She encouraged me to stay focused and was compassionate to my needs, understanding the solitary journey that a writer endures. Also a special shout out to her husband Marc Chase and Mary, Margaret’s mother, who just celebrated her 96th birthday. God bless. Thank you Xlibris, an outstanding publishing company, and Dez Suarez for being so patient. Miriam Silver, with whom I talked for many hours about the Victorian era. She was first to read through the manuscript, offering insight which caused me to add stories of other murderous women of the Victorian era. So thankful. Darlene Johnson, a Lizzie Borden enthusiast and friend who participated, along with Miriam and me, in two mock trials at the Borden house. We had so much fun, exploring ideas and prosecuting this impossible case. Writing a book is a surreal process, and I want to thank a few amazing professional writing mentors. These guys know what it takes to bring stories to life on a page. Craig Spector, Richard Christian Matheson, Christopher Mancuso, and John Skipp, all offered their ongoing support and experiences, which pushed me forward in the writing process. Having them as teachers and friends, I feel blessed. Staten Island Arts, great appreciation for awarding me a DCA Art Fund Grant that helped me financially to publish this book. ErinKelli Kilbane, for the amazing front cover artwork. You made Lizzie Borden into a kind of superhero, which was unexpected but in many ways so fitting for the story. I love your work and I am thankful for your friendship. For my many friends who weathered the storm, listening to me talk about the Lizzie Borden case. They include Lawrence Schwabacher, Staten Island-based playwright, who inspired me to write plays. Carissa Pignatelli, a fellow writer, actress and friend, who is also a nurse helping people stay alive, and for whom I have so much respect; Douglas La Tourette, an awesome friend and artist; Patti Kelly, friend and amazing artist and master of stained glass; Elizabeth Reha and filmmaker Lance Reha; filmmaker Anngeannette Pinkston and her family; M.A. Dennis, a spoken word artist whose vibrant language tells truths; lifelong friend Eileen Hanlon; Lizzie Borden enthusiast Denise Boland; Mike & Teri Vesey; Caitlin Alyce Arizmendy the best makeup artist ever; Katie Ann and Matthew Flick who are a beautiful couple; J. Montana artist and writer - much love to you, friend; Frederick Burton - photographer and poet; Helene Bucchieri, Marialana DiMarzio, Shani Mitchell and Masieneth Ouk, Hector Bosa and Rossana Robertson, Stephanie Kosinski, Rina Sklar Dabdoub and Jack Dabdoub my favorite power couple; animal-lover Catherine Mancuso- the world needs more of you; Crystal Menstres and Dae Monae and FemaleCentric, thank you for empowering women; Michael Quinn - an actor, fireman and professional wrestler - wow, you do it all my friend! Brooke Haramija, nothing less than a superwoman; David Marcus, lifelong friend and audio guy; Milenka Berengolc, always fighting for a good cause; Dyverse my favorite rapper; Jay Sayers, drummer and artist; Christian Penn, a man who supports artists and is one himself- so much respect to you; Therina Bella and Maggie Serpica- two feminists on a mission to dismantle patriarchy through their amazing songs- love you both! Johnny P. my favorite late-night tv host; Brandon Herman, filmmaker and photographer; Viv Vassar - a powerful woman, who made an awesome Lizzie in my play; Mary Campbell, all-round talent. Lola Cassie - whom played Abby in my play, Dailah Bell, fearless young entrepreneur, and Mary Dimino- you keep me laughing! Pete and Gail Clough my lifetime friends; Youth Moose for their indie music that got me through when I needed a lift. To Brian Cano and Christopher Mancuso, the paranormal investigators who invited me to the Borden house for some amazing events. I am grateful to have you as friends. You shared your expert knowledge of the spirit world and also set up the mock trials. I also want to thank ghost hunters: Ken DeCosta, Susan Slaughter and Sue Vickery and The Dark Zone Network.

    To my Lizzie Borden friends: Kate Lavender, we always have great conversations, and I enjoy your Lizzie Borden podcast, and Sue Vickery, Luna Musselman, Pamela Howe, and Rebecca Pittman. I greatly respect your individual and collective knowledge. I send a shout-out to all the folks in my Lizzie Borden group.

    Lastly, to my family Sharon Anderson and Bonnie Myers-Harris, Debbie Bostic, Deb and Paul Brubaker, Jason and Christina Brubaker and my sister Kelly, who would have loved this story, may she rest in peace. Thank you for supporting me in everything I do. I love you all dearly. And finally, to my furballs Garfield and Jack who fill my heart with love everyday.

    PHOTO INDEX

    1. Jurors who acquitted Lizzie A. Borden -John O’Neil New Bedford Ma. (New Bedford Daily Mercury July 4, 1893.4)

    2. City Marshall Rufus B. Hilliard photo - 1886

    3. Granite mill textile fire, Illustration, Frank Leslie’s Illustrated Newspaper, No. 992, Volume XXXIX, New York, October 3, 1874. Wood engraving on paper, E. R. Morse (American, 19th century)

    4. Workers at the Globe Yarn Mills, circa 1882

    5. Sarah Anthony Morse Borden with Baby Emma circa 1823-1863

    6. Young Lizzie circa 1874-1878

    7. Constant Kent - circa 1840s

    8. Chart of Women killers - Kimbra Eberly

    9. Internal examination of a woman, circa 1800s

    10. Hartmann’s ad for Towelettes for women the British still call menstrual napkins towels. Note SAVE WASHING, which indicates to me that it’s disposable. The ad comes from The Nurse’s Dictionary of Medical Terms and Nursing Treatment Compiled for the Use of Nurses, London: The Scientific Press. Internal evidence indicates its date as 1890s.

    11. Lizzie Borden bedroom - photo - Kimbra Eberly

    12. Alice Russell - Lizzie Borden’s Turncoat Friend. Circa 1880s

    13. Bayer Heroin Hydrochloride advertisement 1901

    14. Marie Lafarge - circa 1800s

    15. Florence Bravo - circa 1800s

    16. House floor plan- https://www.historictrialtranscripts.com/lizzie-borden-home-floor-plan

    17. Fall River police original photo-1900 -First published in Winter, 2009, Volume 6, Issue 3, The Hatchet: Journal of Lizzie Borden Studies.

    18. View Abby Borden murder room - photo by Kimbra Eberly

    19. Oak Grove cemetery - circa 1890

    20. Madeleine Smith - circa 1800s

    21. Euphemie Lacoste - circa 1800s

    22. Edvard Munch -original painting Inheritance -1897

    23. Reverend Jubb and Lizzie Borden Source book p 232 illustration from the New York Tribune, Lizzie Borden Trial - 1892

    24. Andrew Borden - crime scene photo - 8/4/1892

    25. Draper holding skulls in Borden Trial -The Daily Globe, June 14, 1893.

    26. Andrew and Abby Borden’s Skulls - circa 1800s.

    27. Hatchet used in the trial - 1892 - and now exhibited at The Fall River Historical Society

    28. Abby Borden - crime scene photo 8/4/1892

    29. Fall River Central police station and second district court - 1890

    30. Courtroom trial sketch - 1893.

    31. Lizzie A. Borden on the piazza maplecroft holding her Boston Terrier laddie miller borden circa 1916 Gay’s studio private collection

    32. Academy of music- Fall River Mass. circa 1876

    33. Nance O’Neil circa late circa 1800s

    34. Insane Hall - circa Nellie Bly story - 1887

    35. Vibration of life - newspaper clipping circa 1900

    36. Lizzie A Borden - photographed in 1890, Photograph: Alamy Stock Photo

    37. Chart - Trial Expenses - Kimbra Eberly

    38. Polly Bodine - The National Police Gazette, May 2, 1848

    39. Lawdwich house - circa 1800s.

    40. Lizzie A. Borden circa 1893

    PREFACE

    The story of Lizzie Borden is perhaps one of the most mysterious crimes in American History. On a warm Thursday morning, August 4th, 1892, a horrid double axe murder occurred that would stain lives, leave a local community stunned and spark imaginations for over a century.

    Andrew Borden, one of the richest men in Fall River, Massachusetts, and his wife Abby Borden, were the victims of this heinous crime. Andrew was struck eleven times in the head with a hatchet and his wife, Abby, was struck nineteen times with a hatchet. Lizzie Borden, the youngest daughter, was the accused, and after a fifteen day trial, she was acquitted.

    One hundred and twenty-eight years later, the murders remain unsolved. Movies are still being made, theories are still being speculated upon and many books have been written. The house on 92 Second Street has since been converted into a Bed and Breakfast and museum, and stands as a monument to murder and mystery.

    My obsession started twenty-five years ago when I became fascinated with the story of Lizzie Borden. Like others, I have read books, watched countless documentaries, television shows and movies, listened to lots of ideas and scenarios, and still found myself wanting more.

    As a psychology major with a concentration in forensic psychology, I have always been interested in unsolved crimes. What makes a person want to commit murder? How does a person get to the point that he or she wants to kill?

    Some of the most famous serial killers we know of include Ted Bundy who was handsome, charismatic and confessed to thirty homicides, and John Wayne Gacy, who buried twenty-six victims in the basement of his house, while married to a typical homemaker. These were horrible men, the worst of the worst, who randomly selected and killed their victims. They were labeled as lust murderers. (77) People who knew them said that they seemed like normal guys.

    Throughout history there have been murderous women too. They have displayed fury and strength, fighting alongside men in battles, seeming almost superhuman at times, some striking down Kings. However, unlike the evil men, women did not kill strangers. The women usually knew their victims. Lizzie Borden was a respected lady and then the bereaved daughter of a very wealthy man. Could she be one of these infamous, murderous women?

    This was one of the most mysterious, barbarous crimes imaginable. The police never found a murder weapon. No blood was ever found on Lizzie, minutes after the murder of her father. The jurors had doubts. Also, they never found the killer. Why? They never even tried to look for a killer. Why? Rufus B. Hilliard, the City Marshal of Fall River, declared the case closed, implying that the police had found the murderer and that the court had let her go. He was convinced Lizzie was guilty.

    Looking deeper into the case, I found out that Lizzie expressed anger towards her stepmother. She harbored resentment and was upset when she returned home from a grand tour of Europe she had taken months before the murders. Was there a deep-seated hatred brewing? I wanted to know more about this woman, and why so many people thought she killed her father and stepmother.

    Thus, my personal journey began. When you step inside the Lizzie Borden Bed and Breakfast, you’re transported back into the 1800s. Everything in the house is preserved or replicated right down to the couch where Andrew Borden was slain. It is creepy and haunting, exciting and historic. Also, it makes it easier to plot out how the murders could have been done.

    I was excited to participate in a mock trial, that was built upon circumstantial evidence and organized by paranormal investigators, Brain Cano and Chris Mancuso. Two years in a row, we planned the prosecution side to win an impossible case. It was very disappointing that we lost both trials. However, being in the house again gave me some new ideas and insights.

    I later took part in a paranormal investigation on the premises, again hosted by Brian Cano and Chris Mancuso. I am a skeptic, but because of an unexplained incident that occurred there, my research took me to a whole new level, adding the family lineage and the history of the town itself.

    Lizzy Borden took an ax, she gave her father forty whacks, when she saw what she had done, she gave her mother forty-one.

    Did she? Like many others, I recall this famously morbid mantra from my childhood. While haunting, I have since learned that it is also factually inaccurate like many things about the case.

    All the stories, all the shows, and all the movies were made to entertain, not to tell the true story. I thought to myself, perhaps, this is the story of a woman who was ahead of her time. Can I have compassion for her? Was she innocent? Or was she a calculated killer, whose greed drove her to murder?

    Throughout my research, I found similarities between the present world and Lizzie’s world. For example: the newspapers at the time reported continuously each day offering extremely different points of view, similar to what we are experiencing today with Fox News and MSNBC News and what has come to be called fake news.

    One example occurred when Lizzie was in jail waiting for the preliminary hearing. An argument was overheard by the Matron when Lizzie said to her sister:

    You gave me away, Emma, didn’t you? Emma said, I only told Mr. Jennings what I thought he ought to know. Lizzie said, Remember Emma, I will never give in one inch, never."

    Newspapers latched on to this quickly and published the account. It was soon stamped as fake news in an effort to prejudice the public against Lizzie. Sound familiar?

    Behind the scenes, however, the defense attorneys were attempting to squash this incriminating evidence by having the Matron sign an affidavit that she never heard Lizzie and Emma’s conversation. Her refusal to sign this document brought up controversy during the trial. Emma took up for her sister, stating the conversation never happened.

    Another similarity between these time periods was the formation of a woman’s march. This was a time when women had no legal rights and lived by their husband’s or father’s hand. Mrs. Mary A. Livermore, President of the Woman’s Christian Temperance Union, led a movement to support Lizzie.

    In the autumn of 1892, Mrs. Livermore leaped into the fray, cheering for Miss Borden, and denouncing her persecutors in a manner that seemed to indicate that she regarded the arrest in Fall River as merely one more outrage perpetrated by the tyrant Man." (17,42)

    From the start of the trial, hundreds of spectators gathered, hoping to get a glimpse of Lizzie Borden, or even a seat in the courtroom. The crowds were mostly women, considered to be deserting their husbands at dinner time and neglecting their home duties. Some wild-eyed, haggard-featured, thick-skinned women…stared at her through their spectacles and opera glasses as though she were a beast. (51,271) Others, when the courtroom doors opened, would march courageously, with their lunch baskets, to get a seat in support of their heroine. These were women, some of whom were abused, some who secretly hated their oppressed lives, all of them present to support a woman who would be proclaimed either a murderer or an innocent.

    This brings me to the trial, which I found amazing, almost poetic. If you closely examine the mores of the time period, there was no way that a woman would be put to death.

    With some of the best attorneys of the time, the Borden trial provides us with bewildering narratives intended to convince a jury of Lizzie Borden’s innocence or guilt. In searching for answers, the trial testimony explains the facts of the case, referenced throughout this book. Because of the cultural constraints of the time, they did not dare to venture into certain areas which would have upset many people. The attorneys were brilliant. To symbolize her guilt, the prosecution used Lizzie Andrew Borden in the trial, a masculine sounding name. By portraying her this way, it enticed the jurors into thinking that maybe she could hack her father and stepmother to pieces, thus discrediting all of womanhood. The defense used Miss Lizzie, a happy, pretty, feminine name. This illustrated she wasn’t capable of such violence. Her defense lawyer Andrew Jennings, was eloquent and championed her cause with an ancient knight’s consideration for her sex. (51,288) Also, Lizzie’s demeanor during the trial was described as calm and dignified, to some, a sign of innocence while others saw it as cold and heartless. Both painted a picture of good and evil. She was either a crazed woman, or a victim of injustice. The lawyers knew this was a direct correlation with society’s dominant ideology of women, and used these perceptions to their advantage.

    A number of factors may have played a part in Lizzie’s acquittal, First, there was controversy with Justice Dewey and his prejudicial jury instructions. Next, Justice Dewey’s participation in both the grand jury proceedings and the trial was questioned. Also, the jury consisted of all men, most of whom were married and had daughters, which might have influenced their sympathies towards Lizzie’s feminine position. Lastly, this was a capital case, which if convicted, would result in sending Lizzie Borden to an early grave.

    Over the years, I have committed myself to trying to understand Lizzie honestly. This book is an attempt to show you all that was left out of the trial (inadmissible), including the unwillingness of men to discuss certain women’s issues.

    My research has taken me down paths looking at other murderous women in the Victorian era. I found that there were domestic confines and restrictions that were legally enforceable. The word peculiar comes up in describing many of the women who strayed outside of society’s expected norms, explaining that there could be something wrong with them. Were these murderous women frustrated trying to cope with the prevailing norm, wherein men ruled and women had no rights? The circumstances that prompted these women to murder, and the strategies they employed, reflect similar patterns. Some of the topics at trial that shocked the public at that time, and concerned the actions of murderous women included having sex outside of marriage; abortion; venereal disease; alcoholism; and menstruation. We must pay attention to the social pressures surrounding these cases. In the Victorian era, women were mostly confined to the home, with only housekeeping and motherhood to occupy them. Because of the modernization of society, women’s desires started to shift. Some, like Lizzie Borden, wanted to venture out and become more independent.

    From the beginning of the trial, until well after its conclusion and into her old age, Lizzie remained silent, never speaking a word about what had happened. The only time she ever spoke was at the inquest hearing. She changed her alibi numerous times, saying she was in the kitchen; in the dining room; upstairs. Was this uncertainty because she was high on morphine, or was she trying to cover up the real story?

    Let’s go on a journey back in time, to a place where lanterns lit the way, horse-drawn carriages provided transportation, timekeeping was primitive, and murder, without good forensics, was difficult to prove. First, The Crime.

    PART 1

    HISTORY LESSON

    CHAPTER 1

    THE CRIME

    55558.png

    It was a warm Thursday morning, August 4th, 1892. The U.S. Signal Weather Service at 7am registered the temperature at 67 degrees. As the day moved on, the temperature grew warmer and at 2pm it was 83 degrees. (46)

    City Marshal Rufas B. Hilliard was sitting at his desk at the Central Police Station. It was a quiet time. Every year, most of the night patrolmen and many day officers made their way to Rocky Point in Providence Rhode Island for The Fall River Police Association outing. This left Hilliard with a skeleton crew of officers, who were tired from working double shifts. Rufas sat on the cracked leather of his creaky old chair in silence. He was twisting his puffy mustache, his eyes unfocused as he stared at the endless paperwork. The phone rang and he picked it up. It was John Cunningham, a news dealer. He was frantic and breathless as he yelled, There is a disturbance at the Borden house. Come quick. Marshall Hilliard gave the order immediately, Mr. Allen, I want you to go up on Second street, the house next to Mrs. Buffington’s above Borden street, and see what the matter is. (55,6)

    Officer Allen, a five-year rookie, went swiftly and arrived at the two-and-a-half story Borden house at 11:20am. Charles Sawyer, a neighbor greeted him. Entering the house, Allen asked Sawyer to stand at the back door. Let no one in except other officers and medical doctors, he said. When Allen entered the kitchen, he saw Lizzie Borden sitting still at the table. There were no signs of terror and no signs of fear. Sitting with Lizzie were the maid Bridget Sullivan and two friends, Mrs. Churchill and Miss Russell. Dr. Bowen was also there and upon Allen’s arrival, he escorted him to the sitting room where Andrew Borden was lying dead on the sofa. Then at Lizzie’s request, Dr. Bowen left to go to the post office to send a telegram to her sister Emma Borden, telling her to come home.

    Allen slowly removed the sheet covering Andrew Borden. He gasped when he saw Andrew. He wanted to look away from the cruelty that slashed through Andrew’s fragile flesh. The vision would be impressed into his memory forever. Andrew’s head was bloodied and gashed beyond recognition. It was chopped to pieces, leaving his eye lying out of its socket cut in two. His jawbone was exposed and twisted, his nose almost cut off from his face, leaving crimson wet tissue and hanging flesh, and an image of death sprayed on the walls. Blood was still oozing out of the fresh wounds, sending a chill over Allen, who took a few steps back. He was unprepared for the brutality, and was shaken deeply and almost vomited but swallowed it down. Tears glistened in his eyes.

    Struggling to keep himself together, he left the room, going out into the front hallway. Carrying out his duties as a police officer, he examined the front door and found it was triple locked. He looked behind the door and found no one. Catching his breath, he went into the dining room and looked in the closet. Empty. He quickly looked into the kitchen, and then left the house and headed back to Central Station to report his findings. He left the occupants of the house alone and unattended.

    Allen’s arrival back at Central Station caused Marshall Hilliard to send word out to the few officers who were on duty. Go quickly to the Borden House, he ordered.

    Back at the Borden house, the women started to wonder about Mrs. Borden. Lizzie said to the ladies that she had heard the door and thought Mrs. Borden had come in. Can someone check? she asked.

    Bridget Sullivan, the housemaid, and Mrs. Churchill, the neighbor, went reluctantly together to look for Abby. They started in the front of the house. They climbed the narrow, twisted staircase, gripping the banister as they went. When Mrs. Churchill reached the seventh step, which was eye level to the upstairs front hall, she looked across the floor and could see into the front spare room. She saw a person lying under the bed. She froze as Bridget went around her and up into the room. Bridget stood over the body and gasping, ran back into the hallway.

    The women quickly ran back down the stairs and back into the kitchen. Miss Russell looked at Mrs. Churchill’s frightened face and asked, Is there another? Mrs. Churchill squeezed her eyes shut, pausing. As she opened them she choked out, Yes, Mrs. Borden is killed too. No tears were seen on Lizzie’s face.

    Bridget and Mrs. Churchill now discovered the second body. Upstairs in the guest room the body of Abby Borden lay in an undignified position. She had met a fate similar to her husband’s. Her head was hacked to pieces, bits of her hair chopped off, and she lay in a pool of coagulated blood. It was a sad fate that her last duty in life would be to ruffle up pillowcases.

    When Dr. Bowen returned to the house, Mrs. Churchill told him they found Mrs. Borden upstairs in the front bedroom. Bowen immediately went through the dining room into the front hall and up the stairs. The board shutters in the room were partly closed, leaving the room dim, with the sun barely slanting through. He walked over to an area between the bureau and the bed. Abby Borden was lying face down in a pool of blood. He worked his way into the narrow area, checking her injuries. He leaned over and placed his hand on her head. It was wet and cold. Then he lifted her right wrist, felt her pulse and was convinced that she was dead. He left the room.

    Other officers arrived, cluttering the house. Police officer Doherty, Assistant Marshal John Fleet, Officers Mullaly, John Devine and Medley all came. Dr. Dolan, the medical examiner, arrived too. As Dr. Dolan and Dr. Bowen examined the bodies, the scene became chaotic with officers clumsily checking rooms, closets, some descending to the cellar, and others went outside and into the barn. All were searching for a killer and a weapon.

    News in town traveled fast. Reporters and townspeople made their way to the Borden house. Cotton mills shut down as workers left to see if the rumor was true. The streets soon became so crowded that the only way into the house was blocked.

    While looking at the murder scenes the first thing noticed was: nothing was out of place, nothing was stolen and nothing was overturned. Suspicions of a robbery were soon ruled out. There was, however, a great deal of blood. There was blood on the walls, blood on the floor, blood on the doors and of course, blood on the dead bodies. The front stairway that was covered with a light gray wallpaper had no blood on it, nor did the banister. A person leaving the house would likely have left some kind of evidence if carrying a bloody, dripping hatchet. A closer inspection found no trail of blood, footprints or blood drippings.

    Most puzzling was the official determination that the murders happened one hour apart. Abby’s murder occurred between 9:30am and 10:00am, and Andrew’s murder took place between 10:45am and 11:05am.

    The theory of an outsider coming into the house was considered. But police soon learned that the only way into the house was through the rear side door. The front door was triple locked. The cellar door was locked too. The windows were also barred. The family was in the downstairs part of the house most of the morning until 9:30am. Abby was killed first between 9:30 and 10:00am, leaving the killer to wait an hour for Andrew to get home and then murder him. Andrew got home at 10:40am. The killer then had between eight and fifteen minutes to kill Andrew, and leave undetected, onto a very busy street. This would have been extremely difficult, if not impossible.

    Was Lizzie Borden the murderer? One theory held that she ran down into the basement, broke the handle off the hatchet, rubbed ashes onto the hatchet blade and put it in a box up on a shelf. Another theory was that she ran outside into the backyard and threw the hatchet up onto the neighbor’s barn roof. She would have had to wash her face, hands, and hair, clean her shoes and change her dress, all in a short time frame. Did she wear something over her clothing to protect herself from getting blood spatter?

    As the search went on, the police started to question the only two people in the house the time of the murders, Bridget Sullivan, the maid and Lizzie Borden, the youngest daughter of Andrew Borden. The same question was asked over and over to Lizzie. Where were you Miss Borden?

    Bridget told police that at the time of Andrew’s murder, she was upstairs in her bedroom, resting. She heard Lizzie call to her and came downstairs. Bridget asked, Miss Lizzie, where were you? Lizzie said, I was out in the back yard and I heard a groan and came in, and the screen door was wide open. Go for Dr. Bowen. Bridget left the house but came back in minutes because Dr. Bowen wasn’t at home. Lizzie then sent Bridget to get Miss Alice Russell, leaving her, Lizzie, alone in the house again for a short time. Mrs. Churchill had seen Lizzie standing inside the back screen door and thought something was wrong. She opened the window and yelled over, Lizzie, what is the matter? Lizzie replied, Oh, Mrs. Churchill, do come over. Someone had killed Father. Mrs. Churchill then showed up at the house to help.

    At the time of Abby’s murder, Bridget was outside washing windows. She had a solid alibi, as she was also talking with a neighbor girl. Forensic evidence determined that the same murderer hacked both Andrew and Abby. Bridget was cleared.

    Lizzie told police she was out in the barn at the time of Andrew’s murder, came in and discovered him dead on the couch. Her alibi for Abby’s murder was more complicated, and she changed her story numerous times as to her whereabouts. This raised suspicions. However, the police saw that Lizzie’s hair was in order, no blood was on her dress, no blood was on her body, minutes after Andrew’s murder. This was hard to explain if Lizzie was the murderer.

    John Morse, Andrew’s brother-in-law to his first wife, stayed in the guest room the eve of the murders. This is the same room where Abby Borden’s body was found by police. Thursday morning, the day of the murders, John had eaten breakfast with the Bordens, then left at 8:45am to visit his niece, a mile from the Borden house. He had a solid alibi and was also cleared of the murders.

    Emma Borden, Lizzie’s older sister, had been visiting friends, and she too had an alibi. About three in the afternoon, the bodies were photographed, and the first autopsies were performed, wherein Andrew and Abby’s stomachs were removed for examination. The state of the bodies indicated death of a violent nature, perhaps even motivated by hatred. The murder weapon was eventually established as a hatchet.

    There was never any direct evidence against Lizzie. No blood was found on her except one little spot. No weapon was found except a hatchet head, which most likely was not the weapon. Why then should we think that Lizzie was guilty? I maintain that we should reconsider the likelihood of her guilt because of the items that were not introduced during the trial, and were thus left inadmissible. To understand this case, we must try and understand Lizzie. Next, some history.

    CHAPTER 2

    FALL RIVER

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    In the early 1800s, the town of Fall River Massachusetts, was known for its cotton mills and textiles. It became one of the largest producers of textiles in the United States. With the expansion of fifteen new corporations, the city’s population grew by an astounding 20,000 people and the industries flourished. As the mills were booming, the overcrowded living conditions worsened.

    In 1843, one of the first major fires happened when two boys were playing with a cannon. A pile of wood shavings sparked and then ignited into flames. The fire spread quickly, burning down

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