Content to await trial

[Harry]

The U.S. Constitution entitles defendants to a "speedy trial". However, the specific time between arrest and trial is not specified. Lizzie was held from Aug. 1892 to June 1893, some 10 months.

There were clamorings by the newspapers and some of Lizzie's friends at the time for a trial but not much was done by Lizzie's defense team to speed the procedure up. This appeared in the Fall River Globe of April 14, 1893:

"Lizzie and Her Counsel Not Losing
Sleep Over the Delay.

The Borden case is beginning to appear in print once more, not because there are any new developments, but because there is space to be filled and that subject can always be depended upon to fill it. Some months ago, public attention was called to the delay in proceedings, and it was explained that Attorney General Pillsbury was ill. It was also suggested that there ought to be some provision for proceeding with a murder trial in the event of the inability of the leading prosecuting officer to attend to his duties. The public is again invited to note that there has been no trial, and again it is informed that the attorney general is recovering from sickness, and that he should provide a substitute. As nearly as can be ascertained, however, neither Miss Borden nor her counsel has any fault to find with the postponement, and their apathy indicates that they are well contented to wait. ...
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It appears to be known in Boston that Miss Borden longs to leave her cell but that her faith does not desert her and that she is calm and resigned. If she is anxious to have the trial take place however, she has given no such intimation. The prisoner is not shut off from all communication with the world and she is at

Liberty To Express Her Feelings

through three lawyers as frequently as she desires, but neither Mr. Robinson nor Mr. Jennings nor Mr. Adams has so much as hinted that a jury should be selected at once and the case heard. It is barely possible that the counsel mentioned have everything to gain and nothing to lose by the delay. ...
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Mr. and Mrs. Borden have been well nigh forgotten; as the months roll by their memory will grow dimmer and dimmer. It is the daughter who will be in evidence, and it is her release which will be sought. The delay, therefore, doesn't strengthen the odds against her and her friends have nothing to fear on that score. ..."

[augusta]

It seems to me that most cases I am interested in take about one year to make it to trial. The judicial system is notoriously slow. But if asked for a continuance to prepare a better/proper defense or prosecutor's case it seems to be usually granted.

Maybe Lizzie's counsel was not in any hurry in 1893, but on August 12, 1892 at her arraignment, The Evening Standard reported on the hearing. After some sparring over Lizzie's counsel wanting someone other than Judge Blaisdell on the bench: "... Mr. Jennings filed an objection. He moved for a trial at once."

I always thought that was a great move on Jennings' part. He knew the defense had nothing.

Knowlton, for the prosecution, asked for a continuance, tho, based on "the ground that an inquest was still going on". (How could Jennings ask for the trial to take place immediately if the inquest was still being held?) In any event, a continuance was granted until August 22. "At that time it is expected that a preliminary trial will be commenced by Judge Blaisdell,"
"The Evening Standard" says. (Underline not working well.)

I'm surprised to see, grabbing my copy of the Preliminary Hearing, that it did start on August 25, 1892 (with Judge Blaisdell presiding). That's very prompt, it seems. It ended on September 1, 1892.

[Harry]

Moving for a trial at once is standard defense procedure. It's not an unusual request but rarely ever granted by by the court.

[DJ]

Lincoln claims that the warden and his wife at the Taunton jail were highly sympathetic toward, and accommodating of Lizzie, that she was allowed to walk around outdoors in the yard there, and that she had a special multi-tiered lunch pail to hold her daily dinner from the local hotel!
If so, doesn't sound as if she had it too rough in jail while awaiting trial.