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1. "Was Lizzie "railroaded""
Posted by joe on Jan-29th-02 at 2:07 PM

After reading most of Part I of the trial transcript, I've notice that the cops were not very cordial to Robinson, especially during cross-exam.  They are somewhat "short" and, even surly with their answers. Seems they are on the side of the prosecution.  Maybe that's the way it is, though. Any comments?

Good observation, Joe. Ya, city marshall Hilliard and patrolman and sergeant(?) (later captain) Philip Harrington and some of the lesser-ranked officers were convinced from the first day that Lizzie did it. They sided with the Prosecution. Lizzie's goof-up at the inquest only solidified their opinion of her guilt. By the way, Robinson was an inexperienced trial attorney, had never been involved in a murder trial, but what he lacked in skill and experience, he made up for in sharpness, clever thinking and word-play; he knew how to play to the jury and his examination and cross-examination of witnesses is first-rate. But Melvin O. Adams was the true heavyweight on Lizzie's team, even tho he played a bigger role outside of the courtroom than in; he was a prominent member of men's clubs, etc and he had a great reputation in Boston and elsewhere as a highly skilled and experienced lawyer. He had many connections, some of them unethical. He knew its important to have friends in high places.

(Message last edited Feb-2nd-02  8:20 PM.)

The cops didn't like Lizzie.  When they asked her about the murders she had this demeanor about her that seemed to them to be unnatural, but could have been just her.  "I never did show my feelings in public..." she had said in a later interview when she was called the Sphinx of Coldness. 

When asked about her father & mother right after their deaths, she made a correction of, "She is not my mother - she is my stepmother."  That put people off.  Still does to this day, I think.  But on the other hand, it could have been just a correction so the fact was set straight. 

When it was suggested on the morning of the murders that she not talk about it anymore because these horrible murders have just happened and perhaps she may not remember things clearly because of the shock, she said nope - she could tell all she knew just as well then as later. 

Did she cry?  No.  Some said she was agitated and upset.  But back then females were supposed to cry and faint and carry on like ninnies.  Her strength of character (or her coldness of heart, depending on if you view her guilty or innocent) wasn't supposed to show at that time.  It was unheard of - it was just not normal. 

Did she run out of the house, afraid of a killer still in the house?  (I would have!)  She calls Bridget, then bars Bridget from going into the sitting room.  Then she sends Bridget for a doctor after knowing Andrew is dead.  "Come quick!  Someone has come in and killed father!"  (Bridget did say Lizzie's voice was very excited.) Not "hurt" Father - "killed".  When Dr. Bowen, a family friend as well as family physician, was not home, she sends Bridget to get Miss Russell, saying, "I can't be alone in the house!"  She stays at the screen door, where Mrs. Churchill sees her and comes over.  The police didn't find out thru Lizzie.  I never read of them asking her why she didn't call the police first.  I wish I knew what she would
have answered. 

Everybody was really shocked when this happened.  The doctors.  Geez, Dr. Bowen, when he did get there tells "Addie" (Churchill) to go and take a look at Mr. Borden.  The cops were rattled too.  The first one there didn't remember if he put someone at the door to guard it or not.  He was responding to what he thought would be just a domestic squabble or something mundane.  It would have been neat to have seen the cops and doctors that morning - I am imagining a few of them running around like the Keystone Cops. 

The city of Fall River was scared.  There was pressure on the police to find the fiend who did this.  They had to come up with someone.  And Lizzie was the most likely one.  But I can't understand why Bridget wasn't given the same treatment as Lizzie.  There simply wasn't enough evidence to convict Lizzie.  At times there was "railroading" - they were trying their best to make the criminal fit the crime.  But that went both ways, too.  Look at the court games that were played:  her inquest testimony got tossed out at the trial even though she was NOT under arrest and she had access to Jennings before testifying.  Of course he told her she didn't have to!  And the poison testimony got tossed at the trial.  "Too remote" and "Well, prussic acid COULD be used for killing moths..."  And the judge's charge to the jury.  Prejudiced.  Ridiculous, whether she was innocent or guilty - it was shocking.

  But putting all this into perspective, as all these factors play into it, I think the cops really believed in her guilt.  And they believed in it from Day One.

Just to be fair to the FRPD, while its true that Rufus Hilliard and the police were very suspicious of Lizzie, that doesnt mean they didnt hunt down all possibilities, even clues that led away from Lizzie. "he [Hilliard] harbored the suspicion that a member of the family had committed the crimes. But it was clear to all who wished to see it, that he paid as much attention to hunting down "outside clues" as he did in pursuing his inquiries in the other direction. The more plausible clues were diligently followed" (Edwin Porter, The Fall River Tragedy).

I think the evidence shows that even after the police thought it was probably Lizzie who did it, its fair to say they did continue to hunt down all other plausible leads and left no stone unturned in that regard. But I think they realized from the beginning that if they indicted Lizzie, their chances for getting a trial conviction were very small.

don't the police ALWAYS side with the prosecution? They are the entity providing the evidence to the district attorney. When he decides there is enough to charge somebody with, they do it. The fact that the police thought she did it is normal. It's their job to select a suspect most likey the culpret. As detectives, they follow their instincts and the evidence.

Now, I will agree that Harrington was a piece of work. Always writing his suspicions into the witness statements. Make you think he doubted everybody. A bit over the top, if you ask me. But then, he is expressing his considered opinion. But it certainly reads like he has made up his mind only hours after the crimes.

Yea, I call him "PHIL*I don't like that girl* HARRINGTON."

Right, Dave - or at least so I've read in several places - that the police followed all other leads during and after Lizzie's arrest.  They found out who Dr. Handy's 'wild-eyed man' was; they went to Canada to Trickey's funeral to make sure it was him in the coffin; they even found out who that French guy was who the carriage driver refused to take out of town that day.  It would be interesting to read all the leads they followed. 

I was watching A & E's Biography of Lizzie recently and they said that nobody suspected Lizzie at first - at first Uncle John was the prime suspect.  Maybe a lot of them suspected Morse first, but Lizzie was not liked from the start and was looked at with suspicion from at least Harrington and a few others.

Nowadays statistics show that most murders are committed by someone the person knows.  The family is generally suspected first.  And yes, the police work with the prosecution. 

Ouch, thats a scary statistic, eh Sherry. No one expects it from a family member. Its the ultimate breach of trust.