Image via “The Trial of Lizzie Borden.”
Reading the testimony the other day, I was struck both by how well-prepared Borden sounded as a witness in her own defense. But also, by the way, her acerbic attitude towards the proceedings actually kind of endeared her to me. It was clear that she was a person who liked to be precise in her terms:
Q. You have been on pleasant terms with your stepmother since then? A. Yes sir. Q. Cordial? A. It depends upon one’s idea of cordiality, perhaps. Q. According to your idea of cordiality? A. We were friendly, very friendly. Q. Cordial, according to your idea of cordiality? A. Quite so. Q. What do you mean by “quite so”? A. Quite cordial. I do not mean the dearest of friends in the world, but very kindly feelings, and pleasant. I do not know how to answer you any better than that.
It was also clear that she found some of the examiner’s questions downright annoying, to the point of seeming almost self-defeatingly honest:
Q. Why did you leave off calling her mother? A. Because I wanted to. Q. Is that all the reason you have to give me? A. I have not any other answer.
The acidity of that reply, palpable all these many years later, might be evidence of a guilty conscience. But it could equally just be the anger of someone who has been harassed and demonized for her grief, and in particular for not grieving in the “right” way. Bordeniana is littered with observations that Lizzie didn’t feel the right way about anything. She always either appeared either too calm or too upset. Everyone else’s opinion of your sincerity matters a great deal in a murder case.
We’re familiar with this sort of grief-parsing as armchair criminal investigation; a version of it goes on every day on television. It also happens on crime message boards, and in the comments section of crime blogs. People are not wrong to speculate about matters of credibility; there’s a reason the law of evidence has a whole set of rules on that subject alone. What you learn from hanging around courtrooms and trial transcripts, though, is that there is no way of knowing for sure. A certain comfort with uncertainty sets in.
I mean, after all, it wasn’t like I walked away from that transcript convinced by Lizzie Borden’s story of her August afternoon, exactly. Although there is some evidence that she was under the influence of drugs during this conversation, certain aspects of her story just… don’t add up. There is the fact, for example, that the conceit of the fishing trip, which necessitated the trip to the barn that was Borden’s abstract alibi, seems rather conveniently timed:
Q. How long since you used the fish lines? A. Five years, perhaps.
And then there is this question of lingering by the pear tree:
Q. How long were you under the pear tree? A. I think I was under there very nearly four or five minutes. I stood looking around. I looked up at the pigeon house that they have closed up. It was no more than five minutes, perhaps not as long. I can’t say sure.
It’s hard not to wonder about these four or five minutes. The 19th century was a long time ago, and things were slower then. Perhaps people did this, linger under trees and look at pigeon houses for moments they thought they could afford to lose. Maybe they did later live their whole lives in some regret of it, even if it ostensibly saved their lives from vicious, axe-wielding murderers. We don’t know.