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Jul. 27th, 2007

SWITCHING BLOGS





ALTHOUGH I'LL BE LEAVING THIS BLOG UP FOR A WHILE,
 I'VE MIGRATED OVER TO
WORDPRESS.COM.

HERE'S THE LINK:

 
http://phayemuss.wordpress.com/


Jul. 21st, 2007

LIZZIE'S ARREST RECORD BOOK





On the wall of the Administrative offices at the Fall River Police Department are these photographs of the past City Marshal's and Police Chiefs.  (Current Police Chief John M. Souza is in the small "userpic" at the  top right of this blog entry).
  • Rufus B Hillard - City Marshal - 1886-1909  (top left)

  • John Fleet - City Marshal - 1909-1915  (bottom left)

  • (Change from City Marshal to Chief of Police)

  • William Medley - Chief of Police - 1915-1917  (center)

  • Martin Feeney - Chief of Police - 1917-1931 (top right)

  • Abel Violette - Chief of Police - 1931-1946 (bottom right)
    source: http://www.frpd.org/history.htm

Four of the five were involved in the Lizzie Borden case and had been in her house.   Lizzie damn near outlived them all.
                                  


On November 14, 2000, through the courtesy of then Lt. Charles Cullen of the Fall River Police Department, I was allowed access to the police records books of the mid 1880's through the early 1900's.  They were under the control and possession of Administration Lt. (now Deputy Chief) Cathleen Moniz.  When I arrived she had them laid out on her desk along with "all the remaining documents we have on the Lizzie Borden case", which was miniscule at best.  She was kind enough to let me handle, research and photograph these important ledger books.  Lt. Cullen had also arranged for me a tour of the new police facilities (completed in March of 1997) which included their huge evidence room.  High on a shelf was the camera long thought to have been "the" camera which photographer James Walsh took of Andrew and Abby - the crime scene photos - both just prior to and after the initial autopsies done at 92 Second Street around 4:00 pm, August 4, 1892.  As has been learned, while the camera in possession of the FRPD is indeed a police photographer's camera very similar to that one used on August 4th, it is not the camera, but one donated by a family member of a deceased police photographer.


In March of 2007, I contacted Deputy Chief Moniz once again and asked if she could arrange for the Arrest Record Book be brought out again so as to show to my friend, Shelley Dziedzic.  Again, Deputy Chief Moniz had them laid out and allowed us to take pictures.  She even gratiously took a photo of Shelley and me with the book.  Unexpectedly, having heard of our visit and plans to do a Lizzie Borden Conference, Police Chief John M. Souza, Fall River Police Chief since 2000, came into the room and spent an hour discussing the Borden case with us as well as other high profile murder cases.  We delighted in his conversation regarding police forensic investigations as contrasted in the Borden case of 1892, to modern police forensic techniques used today.   He  instructed Deputy Chief Moniz to take us down to the "vault" where  "historical" police records are stored.  (For security reasons, I'll refrain from describing the room or it's safeguards.)  While there it was interesting to learn that most all of the historic police files were lost in flood damage and, where the Borden case is concerned, also due to pilferage decades ago.  Now the Department has rigid policies and procedures to protect and preserve case documents.


Lizzie's arrest entry


Subsequent to the Preliminary Hearing of probable guilt, the entry of "Prob." was handwritten over the standard "Guilty" column.





Jose Corriero murdered Bertha Manchester in Fall River with an axe on May 30, 1893.  The papers reported this other hatchet murder the following day prior to the Borden Trial jury being sequestered.  On June 3rd, 19 year old Jose was arrested and booked.  (Note different spellings of his name.  I took note of the fact he was born on January 8th, same as me.)  The year of his birth is recorded as 1874, which would make him 19 on June 3, 1893, but the ledger shows age 18. 

That a suspect was in custody was not known to the  jury as they had  been sequestered by the time it was reported in the papers, which they were not allowed to read.  Thus, in the minds of these mostly farmer jurors, a hatchet yielding maniac was still on the loose and could have been - by golly - the same one that murdered old Andrew and Abby.

All above images copyrighted Faye Musselman 2007.
 

Jul. 17th, 2007

SECRETS WITHHELD - SECRETS EXPOSED


I've
been in a quandry as to which of the topics listed below I should address for my next journal entry.

Helpful suggestions gladly accepted. 

                        
1.  Transcript of AJB and JVM's conversation that Wednesday afternoon.
2.  Where the hatchet was hid the first hour.
3.  Where the hatchet was hid the second hour.
4.  Who abscounded with the hatchet in the third hour.
5.  Why Emma partied hardy at Wheaton Female Seminary.
6.  Sneak Preview of Harry Potter and the Harrowing Hatchet Deaths.
7.  The real reason Andrew wore a truss.
8.  Publication of the play Lizzie wrote for Nance O'Neil.
9.  Cabinet photo of Lizzie at Trevi Fountain, Rome, Italy 1890.
10. Cabinet photo of  Lizzie and Anna Borden kissing the Rosetta Stone 1890.

11. "Driven to Madness" a spec script by Ernest Terry.
12.  Personal journal of Augusta Tripp breaks the mystery why the Bordens were considered "ugly".
13.  Barnyard animals and what they really meant to John Morse.
14.  The secret tryst between John Coughlin and Rufus Hilliard.
15.  Victoria Lincoln's first, and loveless, marriage.
16.  Preston Gardiner and the return of "Love's Awakening".
17.  Letter from Helen Leighton imploring Lizzie to fork over additonal funds for Animal Rescue League start-up costs.
18.  Hetty Green's letter advising Andrew not to sell certain real estate.
19.  Andrew Borden's letter to Hetty Green reminding her of .82 cents still due on his farm eggs.
20.  Contemporary Academic Qualifications for Curator of Fall River Historical Society - the short list.
21.  Eleven reasons why 92 Second Street was not conducive to high teas and parlor games.

22.  "My Life at Maplecroft During the Wilson and Harding Years" as penned by Miss Lizbeth.
23.  "Squirrels, Shoulders & Sunshine", chapter from A Balanced Life, memoir of Lizbeth Borden.
24.  "I'm Going to Disneyland!"  - Newly discovered NY Times Interview upon Lizzie's acquittal.
25.  Censorship & Decorum - A Classic Manifesto by the FRHS Board of Directors.
26.  "Lizzie Borden -Table for One" - a play in two acts by Chef George, Abbey Grille.
27.  "I Blog.  Therefore, I Am".  Synergistic psycho-babblings and why we do it.
28.  "I-Phone.  YouTube.  Me inanimate long time." - A SNL skit yet to be aired.
29.  My Travels Down Under by Nance O'Neil - (An Australian travel-log not stocked by the Fall River Historical Society for obvious reasons of decorum.)
30.  Knock, Knock Jokes for those buried at Oak Grove Cemetery.
31.  "Ladowick,  Schladowick - She Wasn't Even Blood" - short essay by unknown paranormal investigator.

Jul. 13th, 2007

"AT HAM IN MY AIN COUNTRIE" - WHAT DID IT MEAN TO LIZZIE BORDEN?




Debated for decades has been which poem did Lizzie Borden refer to in her funeral instructions:

"My funeral to be strictly private with a short prayer at the grave.
At the house I wish read “The Crossing of the Bar”. Also the 14th
chapter of St. John and the 23rd Psalm.
Also sung the first and fourth verses of “My Ain Countrie”.
I wish to be laid at my father’s feet.
A small head stone to match the others of my family.
Lizbeth [underlined twice] to be cut on the stone.
Lizbeth Andrews with the date July 1860.
The minister of the Church of the Ascension is to conduct the services.
Grave to be bricked.

Signed/   Lizbeth  A. Borden
March 31, 1919  Fall River"


There are two poems:  "My Ain Countrie" by Mary L. Demarest, and "Hame, Hame, Hame" by Alan Cunningham (1784-1842).   Both writers are of Scottish origin.  Lizzie was partial to Scottish writers, both in poetry and fiction.

Although Lizzie specifically cites the 4th verse, it is the 3rd verse of Cunningham's poem that is so often remarked upon:


HAME, hame, hame, O hame fain wad I be—

O hame, hame, hame, to my ain countree!

 When the flower is i' the bud and the leaf is on the tree,

The larks shall sing me hame in my ain countree;

Hame, hame, hame, O hame fain wad I be—

O hame, hame, hame, to my ain countree!

 

The green leaf o' loyaltie 's beginning for to fa',

The bonnie White Rose it is withering an' a';

But I'll water 't wi' the blude of usurping tyrannie,

An' green it will graw in my ain countree.

 

O, there 's nocht now frae ruin my country can save,

But the keys o' kind heaven, to open the grave;

That a' the noble martyrs wha died for loyaltie

May rise again an' fight for their ain countree.

 The great now are gane, a' wha ventured to save,

The new grass is springing on the tap o' their grave;

But the sun through the mirk blinks blythe in my e'e,

'I'll shine on ye yet in your ain countree.'

 Hame, hame, hame, O hame fain wad I be—

 

Debaters speculate that Cunningham's 3rd verse could mean to Lizzie her sister's disloyalty by abandoning her (moving out), or her own father's disloyalty over his affections for Abby and perhaps planning to leave her most of his fortune, hence, the motive for the murders.

Mary L. Demarest's poem was written in 1861 when she was 23 years old.  It was put to music by Mrs. Ione T. Hanna in 1864 (see www.cyberhymnal.org/htm/m/a/maincttry.htm).  Mary lost her mother at an early age and was left in charge of a Scottish nurse.

I am far frae my hame, an' I'm weary aften whiles,
for the langed for hamebring in', an' my Faither's welcome smiles;
An' I'll ne'er be fu' content, until mine een do see
The gowden gates o' heaven an' my ain countrie.

The earth is fleck'd wi flowers, monytinted, fresh an' gay;
The birdies warble blithely, for my Faither made them sae:
But these sights an' these soun's will as nae thing be to me,
When I hear the angels singin' in my ain countrie.

I've His gude word o' promise that some gladsome day, the King
To His ain royal palace His banished hame will bring;
Wi' een an' wi' hert rinnin' owre we shall see
The King in His beauty, in oor ain countrie.                                         

My sins hae been mony, an' my sorrows hae been sair;
But there they'll never vex me, nor be remembered mair:
For His bluid has made me white, an' His han' shall dry my e'e,      
When He brings me hame at last, to my ain countrie.

He is faithfu', that has promised, an' He'll surely come again,
He'll keep His tryst wi' me, at what oor I dinna ken,
But he bids me still to wait, an' ready aye to be,
To gang at ony moment to my ain countrie.

Sae I'm watchin aye, and singin' o' my hame, as I wait,
For the soun'in' o' His fitfa' this side the gowden gate:
God gie His grace to ilka ane wha' listens noo to me,
That we a' may gang in gladness to oor ain countrie.

                                                   


I believe Lizzie was referring to the 4th verse of the Demarest poem and NOT the Cunningham poem at all.  In her funeral instructions she used the same spelling as on the fireplace mantle, the same spelling as the title of the poem itself (as opposed to Cunningham's spelling and title), and lastly because of the speculations I wrote in 2005 which I post here:

"“MY AIN COUNTREE”

When Lizzie wrote out her funeral instructions she wanted the 1st and 4th verse of My Ain Countrie sung.  I think the 4th verse is very telling given Lizzie was religious to the extent of believing in God and a hereafter at the very least.  Also, if one believes her guilty and considers her religious bent, the verse seems appropriate to a woman who has committed a heinous crime but believes in her heart God will forgive her.  The fourth verse, as taken from the Lizzie Borden Quarterly, Vol. Vii, #1, January 2000, page 23:

“My sins hae been mony, an’ my sorrows hae been sair;

But there they’ll never vex me, nor be remembered mair;

For his bluid has made me white, ain’ His han’ shall dry my e’e,

When he brings me hame at last to my ain countrie.”


Here's my own loose translation:

“My sins have been many.”  (murder, shoplifting, lying) and ” my sorrows” (regrets, depression).

 But “there” (heaven) they’ll never vex me, nor be remembered (my anquish, depression, regret will be relieved or go away).

For “his bluid” (the blood of Jesus who died so our sins could be forgiven) “has made me white” (cleansed me of my sins, made me pure again)

And his hand shall dry my eye (again, relieving my sorrow, giving me comfort)

When he brings me home at last to my ain country (when I join him in heaven).

And she wrote her instructions March 31 – 1919.  She must have had many, many years of sorrow and regret.  There are several references in many newspapers written over the years of Lizzie’s life that reference her nervousness, depression, sadness.  I can almost feel how much those words meant to her.  The poem was written by Mary L. Demarest in 1861.

 -Faye Musselman

November 30, 2005"


Besides the "My Ain Countrie" poem, Lizzie also requested two other readings:

 

THE CROSSING OF THE BAR

by Alfred Lord Tennyson

Sunset and evening star,
And one clear call for me!
And may there be no moaning of the bar,
When I put out to sea,

But such a tide as moving seems asleep,
Too full for sound and foam,
When that which drew from out the boundless deep
Turns again home.

Twilight and evening bell,
And after that the dark!
And may there be no sadness of farewell,
When I embark;

For tho' from out our bourne of Time and Place
The flood may bear me far,
I hope to see my Pilot face to face
When I have crost the bar.

John 14:1-4
Let not your heart be troubled.  You believe in God, believe also in me.  In my Father's house there are many mansions.  Were it not so, I should have told you, because I go to prepare a place for you.  And if I go and prepare a place for you, I am coming again, and I will take you to myself; that where I am, there you also may be.  And where I go you know, and the way you know."

                                                                       **************

Note:  I think it's interesting she said she wished "to be laid at my father's feet".  Did that have any emotional or sentimental significance or was it purely a geographic placement directive on her part?  Note she didn't say she wanted to be buried next to her sister (and we can assume she would think - in 1919 - that she would outlive her sister).  –fm 1/18/02


 So what can we conclude from all this?  On the presumption that Lizzie was guilty, we can conclude that the unhappiness and depression described by Helen Leighton and Grace Hartley Howe (who, aside from her servants, perhaps knew her best and certainly were closest to her in her last decade) were born of her own internal demons, demons born of her guilty acts of August 4, 1892.  But her Christian faith sustained her in the belief her sins would be forgiven and she would rest in peace in heaven.

                  

  


Jul. 10th, 2007

MILESTONES: JULY 1656 TO JULY 1969

From a continuous work-in-progress I call the historic timeline, I'm posting July milestones.






The 3-story building in the background shows McWhirr's Dept. Store,
a favorite "5 finger discount" establishment of Lizzie Borden.
This building, the Cherry & Webb building, still stands and can now
be seen clearly gazing across Second Street to Main Street from
the Lizzie Borden Bed & Breakfast.



July 3, 1656

General Court of Plymouth Colony grants land east of Taunton to a number of “Freemans”.

July 5, 1801

BeBe Wilmarth born. (Abraham's 2nd wife)

July 7, 1831

Orin Fowler installed as third pastor of First Congregational Church. (Later wrote History on Fall River).

July 5, 1833

John Vinnicum Morse born in Somerset, MA.

Jan, 10, 1835

George Dexter Robinson born (later becomes 3-time Governor and head of Lizzie’s defense tean).

July 20, 1840

Dr. Seabury W. Bowen is born.

July 18, 1842

Matthew C. Borden born.  “MCD Borden”, brother of Col. Thomas J. Borden, operated American Print Works.

July 2, 1843

“The Great Fire” in the Fall River downtown district.

July 19, 1860

Lizzie Andrew Borden born at #12 Ferry Street, Fall River, MA.

July 11, 1867

Hetty Howland Robinson marries Edward Henry Green

July 19, 1867

Lizzie’s 7th Birthday.

July 2, 1883

BeBe Wilmarth Borden dies at age 81 (Andrew’s stepmother).  Lizzie is 23.

July 14, 1891

Borden house “robbed”; items missing from Abby Borden’s dresser.

July 13-18, 1891

Augusta D. Tripp visits the Bordens, leaves day before Lizzie’s 31st birthday.                                                                                 (CI 48)

July 10, 1892

Morse again visits Bordens.  AJB asks Morse if  he knows of man to run Swansea farm.                                                                                                         (CI 96)

July 11, 1892

Union laborers in Fall River celebrate new 58-hour workweek with giant parade.

July 18, 1892

Emma and Lizzie deed back house on Ferry Street to Andrew and receive $2,500 each.                                                                                   (LR556)

July 19, 1892

Lizzie’s 32nd Birthday.

July 20, 1892

Grover Cleveland passes thru FR enroute to NYC for Democratic Convention.                                                                                                                 (VVII-326)

July 21, 1892

Lizzie & Emma leave Fall River; Emma stopping at Fairhaven to visit the Brownell’s.

July 21, 1892

Lizzie travels to New Bedford, staying with Mrs. Poole and her daughter at 20 Madison Street.

July 25, 1892

AJB writes letter to Morse to wait about getting a man to run his farm.                                                                                                                                  (CI98)

July 25, 1892

Lizzie visits the girls at Marion at Dr. Handy’s cottage.

July 25, 1892

FR Daily News reports on ladies (including Lizzie) vacationing in Marion.                                                                                                                          (LR62)

July 26, 1892

Lizzie, Mrs. Poole & Mrs. Poole’s daughter ride to Westport to visit Mrs. Cyrus (Augusta) Tripp (old schoolmate).

July 26, 1892

Lizzie takes train from Westport to New Bedford to connect with Fall River.

July 30, 1892

Fall River Board of Health reports 90 deaths due to extreme heat, 65 are children under age 5.                                                                                          (VVII-331)

July 31, 1892

Bridget prepares first serving of the infamous mutton.

July 1, 1893

Joseph Tetrault (later Lizzie’s coachman) arrainged for adultery with Mary Soucie.                                                                (FRHN July 1, 1893)

July 3, 1893

Lizzie and Emma purchase house on French Street.

July 19, 1893

Lizzie’s 33rd Birthday.

July 19, 1893

FR Weekly News reports Lizzie won trip to Chicago World’s Fair via coupon write-in from  the public.

July 23, 1893

Lizzie escorted to CC Church by Dr. Bowen & Mr. Holmes.   (Chicago Daily Tribune 7/24/1893)

July 5, 1904

23,000 Fall River mill workers join national textile strike lasting for six months.

July 3, 1908

Hannah B. Nelson, Lizzie’s housekeeper (1903-1908) dies at Rhode Island Hospital in Providence, age 37.

July 24, 1915

Excursion steamer The Eastland sinks in Chicago harbor – 800 lives lost.

July 3, 1916

Henrietta “Hetty” Howland Robinson Green dies at age 81 in a shabby Manhatten brownstone.

July 18, 1932

New Fall River Post Office opened. 

July 19, 1943

William M. Emery writes article for New Bedford Sunday Times recalling the Trial reporting of 1893.

July 21, 1969

U. S. Astronaut Neil Armstrong becomes first human on the Moon.




































































Sources:  VV = Victorian Vistas; CI = Coroner's Inquest, LR = Len Rebello Lizzie Borden Past & Present,  FRHN = Fall River Herald News, WS =  Fall River Police Dept. Witness Statements

Jul. 7th, 2007

ANOTHER TATTERED TALE ON THE FABRIC OF FALL RIVER

 

Deja vu.  And yet another mill closes in Fall River.  Since 1945 Quaker Fabric has been in business in Fall River, and more than one generation has worked in its many plants.  But today it announced its closing in the Fall River Herald News.  http://www.heraldnews.com/homepage/x268217792

It's so sad to me that the once vibrant city of Fall River, which had its true glorious decade in the 1870's but still kept a pulsebeat by the many looms and other machinery clickety clacking, clickety clacking every day.  As the spindles diminished so did the sound, until only a faint echo of what was once the lifeblood of  Fall River could be heard. 

I feel for those workers.  I feel for the town.  Fall River has never really fully recovered from the 1928 fire and subsequent Great Depression.  It's vitality and importance to the nation in its production of cloth are memories and entries in history books.  What remains is the spirit of the working class of Fall River...they remained when the "Hill notables" sold and moved out.   They stayed on, generation after generation.  The lifeblood of Fall River.  They had community through their neighborhoods and their churches and their mom and pop businesses.  Some prospered and bought those homes on "the Hill" but many more of  the poor continued their blue collar work.  There were still some mills left where factory work could still be found and a living could be made.  And there also remained the empty five story brick and granite structures reminding all of what once was.  But Quaker Fabric provided work and the true "fabric of Fall River", like their parents and grandparents and great grandparents before them, continued to work. 

And now another closes.  Sad.  So terribly sad in so many ways.  Gone are the glory days of Quaker Fabric in Fall River.  Deja vu.

From it's website:  http://www.quakerfabric.com/aboutus.htm

"Quaker Fabric began operations in 1945 as a small family-owned fabric mill. Today Quaker Fabric is one of the largest producers of Jacquard upholstery fabric in the world and one of the undisputed leaders in the $2-billion-plus U.S. upholstery fabric industry. The company also produces specialty yarns, which it both uses in its fabrics and sells to other fabric manufacturers."

Jul. 2nd, 2007

LUTHER'S MUSEUM HAS LIZZIE BORDEN CHAIRS

Luther's Museum is home to the Swansea Historical Society.  For over 100 years known as "Luther's Four Corners",  it is where Uncle John Morse had his evening meal on Wednesday, August 3, 1892.  Uncle Morse had retrieved some farm-fresh eggs at Andrew's Swansea farm on Gardner's Neck Road, not far away.  And it makes a body wonder why left over mutton was served when fresh eggs were on hand that fateful Thursday morning.

If you ask about them,  the operators of the Museum will let you see and photograph some chairs purported to have come from the farm house and owned by Lizzie.  They have accommodated many people who've heard about the chairs and delight in having their picture taken with "something that belonged to Lizzie." 

      


Above images from:  http://travel.webshots.com/album/553023306spWVIQ
The images below are my own.

The "Luther Museum" structure has an engraving outside which explains the history and importance of the Luther family to Swansea. 

   
          

UNCANNY RESEMBLANCES - PART I


They say everyone has a double and there's plenty to go around in the Lizzie Borden case.  Facial resemblances here are  based on the shape of the head, nose, eyes, mouth, bone structure, placement of ears and distance from eyes to chin, types of ear lobes, arching of eyebrows, and on and on.   Sometimes the similarities are just what we want to see and to others, no resemblance at all.   I find the following uncanny.  I'll be posting more of these at a later date.  They've surfaced before but not all together.


Left: from an old eBay offering purported to be Andrew Borden, as seen on the right.









Mayor John W. Coughlin                  Garrett Dillahunt as Frances Woolcott
                                                                  in HBO's Deadwood


Abby Durfee Gray Borden     Actress Kathy Bates       Sarah Anthony Morse Borden



Top, background actress in Sopranos series holding photo of Florence Brigham, past curator emeritus of the Fall River Historical Society.
                                                       



Jun. 29th, 2007

"MR. ROBINSON! TEAR DOWN THAT FILE CABINET!"

        
   George Dexter Robinson                                   Blue Flo Plate of Gov. Robinson
       3X Governor of Mass.                               private collection of Faye Musselman
Headed Lizzie's defense team                      On loan to Lizzie Borden Bed & Breakfast


from South Coast Today April 14, 1998

"By Paul Edward Parker, Providence Journal-Bulletin

FALL RIVER -- In a locked storage room on the 16th floor of a high-rise office building in Springfield, a five-drawer file cabinet may hold the secrets of Fall River's most enduring mystery: Who killed Andrew and Abby Borden.  Only one man has the key to that locked filing cabinet, an administrator in the law firm that, more than a century ago, represented Lizzie Borden when she was acquitted of murdering her father and stepmother. Since June 1893, the papers inside that filing cabinet have remained a secret between Lizzie and her lawyer, former Gov. George D. Robinson.  But all that may soon change.

The U.S. Supreme Court is considering a case involving former White House aide Vincent W. Foster, who committed suicide in 1993. Whitewater prosecutor Kenneth W. Starr has demanded to see notes of a conversation between Foster and his lawyer just days before the suicide.  The high court will hear oral arguments in that case on June 8, with a decision expected in late June or early July.  The court will decide whether attorney-client privilege, which protects the secrecy of the relationship between lawyers and their clients, continues after the client dies.  It is the attorney-client privilege that has kept the Robinson papers out of the public eye for 105 years. Though Lizzie is long gone, her lawyer lives on, in the form of Robinson, Donovan, Madden & Barry, the law firm that succeeded Governor Robinson's firm.

The Supreme Court's pending ruling opens a tantalizing possibility to historians and Borden buffs. "Would we like to look at Robinson's papers? Absolutely, of course," said George E. Quigley, president of The International Lizzie Borden Association.

Said Michael Martins, curator of the Fall River Historical Society: "Any documents that pertain to a case as notorious as the Borden case, a great unsolved murder mystery, would be of tremendous interest to researchers and scholars." The historical society is home to the largest collection of Borden material, including the papers of prosecutor Hosea M. Knowlton and City Marshal Rufus B. Hilliard, Fall River's police chief at the time of the murders. "I'm sure it's an interesting collection," Martins said of the Robinson papers, "but I doubt there's anything that's going to prove the case."

The types of documents in the collection are as mysterious as what they might say.
Bruce Lyon, administrator at the Robinson firm, said the collection includes newspaper clippings and other materials that were publicly available. It also includes a lot more material, he said, all of which is privileged.

Around the time of the 100th anniversary of the murders, in 1992, the firm consulted with the Board of Bar Overseers, the agency that oversees the conduct of lawyers. The board informally advised that not only does the attorney-client privilege bar the firm from releasing the papers, it prevents the firm from disclosing the nature of what it holds. Lyon said the Robinson papers have been catalogued and placed in protective document holders, but he could not say anything more.

Speculation is that the files might contain letters between Lizzie and Robinson; letters between Robinson and other lawyers involved in the case; Robinson's notes, both strategic preparations and documenting how the trial progressed; and other documents relating to testimony at the trial and preliminary proceedings.

Few expect to find anything directly incriminating Lizzie, such as a signed confession. But the papers may hold bits of information that may have seemed inconsequential at the time that, viewed with a modern understanding of the case, might bolster one or more theories of the crime.

"Some things in there might be historical," Quigley said. "There might be statements in there that might be damning or might be helpful to her. There would be notes that Robinson wrote about the case that would be telling. Who knows."

The Supreme Court's ruling will probably only deal with whether lawyers can be ordered to divulge material relating to dead clients.   A ruling paving the way for release of the papers would only be the first step to their becoming public. If the Robinson papers became publicly available and the law firm wanted to lend or donate them to the historical society, Martins would be happy to accept them, but added, "we wouldn't go after them."

Martins said the society, in such a case, would probably seek to publish the papers, a painstaking process involving years of transcribing handwritten notes. The society published prosecutor Knowlton's papers in 1994, and has been preparing the roughly 600 documents in Hilliard's papers, which are still several years from publication. Despite the keen historical interest in the material, even Martins and Quigley are hesitant to advocate that the Supreme Court extinguish the attorney-client privilege upon a client's death.

Quigley noted that Foster has living relatives, who could be hurt by the release of confidential material.  "Lizzie, it doesn't matter," he said. "She's dead. She's dead a long time."

Martins thinks the privilege should be extended even to the long-dead accused ax murderess. "Personally, I think Lizzie Borden bought and paid for her defense," he said. "Isn't it important that they protect the documents of their former clients? I think it's important that they do that."

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The Supreme Court, using the case of Vincent Foster, ruled that lawyers must still maintain the attorney-client privilege, even when the client is dead.  Personally, I can see the merits of this with regards to private correspondence.  But the firm most likely has what remains the only surviving copy of Bridget Sullivan’s Inquest Testimony.  Testimony from all others called by District Attorney Knowlton has long since been made public via the “Jennings hip bath collection” sold by the Fall River Historical Society.  The Inquest was a legal proceeding and if this firm does have Bridget’s testimony, it surely is not “material between lawyers and their client” and, IMHO, should be released and made public.

About 5 years ago I sent an email to attorney Jeffrey McCormick (no longer with the firm) following up on Jules Ryckebusch's earlier plea in 1992 to release the files.  I received a prompt and courteous email response citing their standard reply as indicated above.

The firm has evolved and grown, now known as Robinson Donovan P.C.  Check out their website:  http://www.robinson-donovan.com/index.epl


Jun. 28th, 2007

A HUMOROUS TELLING OF THE TALE

From Charles F. Cooper comes this fairly accurate telling of the tale, peppered with wit that plays upon the myths, misinformation and generally obsessiveness of the Lizzie Borden case.  Using illustrations that are both insightful and funny, this 15 minute read is well worth the time.

Here's an excerpt: 

As Lizzie walked in, Abby turned toward her stepdaughter and immediately got the first whack of the day. It was upside the head and if it didn't knock her out (or worse), it at least knocked her down. From the posture of the body, we can guess she may still have been conscious and instinctively turned face down for protection. If so, that was fine with Lizzie, who standing astride her stepmother, began to flail away at the back of her head. Eighteen more chops and she figured the job well done. She was correct.

There are, though, problems with this scenario although it remains the most probable one. Certainly, the required technical finesse raises some questions. Although there were nearly a hundred splats of blood in the room - on the wall, on the dresser, and on the bed - Lizzie was clean. The question, then and now, was whether she could have had time to hose down both herself and the hatchet so thoroughly that the best forensic tests of the day couldn't detect any blood.









For the entire article, here's the link:

http://members.aol.com/ChipCooper/lizzieborden.html




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