The murder investigation, chaotic and stumbling as it was, can be reconstructed from the four official judicial events in the Lizzie Borden case: The inquest, the preliminary hearing, the Grand Jury hearing, and the trial. Basically, a circumstantial case against Lizzie was developed without the precise identification of a murder weapon, with no incriminating physical evidence --- for example, bloodstained clothes --- and no clear and convincing motive. Also, the case against Lizzie was hampered by the inability of the investigators to produce a corroborated demonstration of time and opportunity for the murders.
Over the course of several weeks, investigators were able to construct a time-table of events covering the period of Wednesday, August 3, the day before the murders, through Sunday, August 7, the day that Miss Russell saw Lizzie burning a dress, an act that proved crucial at the inquest.
August 3
The investigation found that four events of significance occurred on August 3. The first was that Abby Borden had gone across the street to Dr. Bowen at seven in the morning, claiming that she and Andrew were being poisoned. Both of them had been violently ill during the night. Dr. Bowen told her that he did not think that her nausea and vomiting was serious, and sent her home. Later, he went across the street to check on Andrew, who ungraciously told him that he was not ill, and that he would not pay for an unsolicited house call. Bridget had also been ill that morning. No evidence of poisoning was found during the autopsies of Andrew and Abby.
The second was that Lizzie had attempted to buy ten cents worth of prussic acid from Eli Bence, a clerk at Smith's Drug Store. She told Bence that she wanted the poison to kill insects in her sealskin cape. Bence refused to sell it to her without a prescription. Two others, a customer and another clerk, identified Lizzie as having been in the drugstore somewhere between ten and eleven-thirty in the morning. Lizzie denied that she had tried to buy prussic acid, testifying at the inquest that she had been out that morning, but not to Smith's Drug Store, then changing her story by saying that she had not left the house at all until the evening of August 3.
Third, early in the afternoon, Uncle John Morse arrived. He was without luggage, but intended to stay overnight, so that he could visit relatives across town the next day. Both he and Lizzie testified that they did not see each other until after the murders the next day, although Lizzie knew that he was there.
Finally, that evening Lizzie visited her friend, Miss Alice Russell. According to Miss Russell, Lizzie was agitated, worried over some threat to her father, and concerned that something was about to happen. Lizzie returned home about nine o'clock, heard Uncle John and her parents talking loudly in the sitting room, and went upstairs to bed without seeing them.
August 4
The morning of the murder began with Bridget beginning her duties about 6:15. Uncle John was also up. Abby came down about seven, Andrew a few minutes later. They had breakfast. Lizzie remained upstairs until a few minutes after Uncle John left, at about 8:45. Andrew left for his business rounds around nine o'clock, according to Mrs. Churchill, the neighbor to the north. He visited the various banks where he was a stockholder, and a store he owned that was being remodeled. He left for home around 10:40, according to the carpenters working at the store.
Just before nine o'clock, Abby instructed Bridget to wash the windows while she went upstairs to straighten up the guestroom where Uncle John had spent the night.
Some time between nine and ten (probably 9:30) Abby was killed in the guestroom. She had not gone out. The note that Lizzie said Abby had received from a sick friend, asking her to visit, was never found, despite an intensive search. Lizzie said that she might have inadvertently burned it.
Andrew returned shortly after 10:40. Bridget was washing the inside of the windows. Because the door was locked from the inside with three locks, Bridget had to let Mr. Borden in. As she fumbled with the lock, she testified that she heard Lizzie laugh from the upstairs landing. However, Lizzie told the police that she had been in the kitchen when her father came home.
Mr. Borden, who had kept his and Mrs. Borden's bedroom locked since a burglary the year before, took the key to his bedroom off the mantle and went up the back stairs. Lizzie set up the ironing board and began to iron handkerchiefs. For a few minutes more, Bridget resumed washing windows.
Bridget went up to her room to lie down about 10:55. Andrew went to the couch in the sitting room for a nap. Lizzie went out into the yard, or to the barn, or to the barn loft, for twenty to thirty minutes. Where she had precisely gone was vague. She said that her purpose for going to the barn was to find some metal for fishing sinkers, since she intended to join Emma at Fairhaven and to do some fishing. When she returned at 11:10, she found her father dead.
The next thirty-five minutes have been recounted in the description of the crime:
11:15: Police received notification
11:30: Dr. Bowen arrived
11:45: Charles Sawyer, seven police officers and Medical Examiner William Dolan were on the scene
The police investigation began in earnest. Officer Mullaly asked Lizzie if there were any hatchets in the house. "Yes, she said. "They are everywhere." She then told Bridget to show him where they were. Mullaly and Bridget went down to the basement and found four hatchets, one with dried blood and hair on it --- cow's blood and hair, as it was later determined --- a second rusty claw-headed hatchet, and two that were dusty. One of these was without a handle and covered in ashes. The break appeared to be recent. This is the hatchet submitted in evidence.
About this time, Uncle John returned, strolling into the backyard, picking some pears and eating them. He had been asked by Andrew that morning to return for the noon meal. He later testified that he did not notice if the cellar door was open or closed.
Sergeant Harrington and another officer, having questioned Lizzie as to her whereabouts during the morning, examined the barn loft where Lizzie said she had been looking for metal for fishing sinkers. They found that the loft floor was thick with dust, with no evidence that anyone had been up there.
At 3:00, the bodies of Andrew and Abby were carried into the dining room, where Dr. Dolan performed autopsies on them as they lay on the dining room table. Their stomachs removed and tied, and sent by special messenger to Dr. Wood at Harvard.
Upstairs, Deputy Marshal John Fleet questioned Lizzie, asking her if she had any idea of who could have committed the murders. Other than a man with whom her father had had an argument a few weeks before --- a man unknown to her --- she knew of no one. When asked directly if Uncle John Morse or Bridget could have killed her father and mother, she said that they couldn't have. Uncle John had left the house at 8:45, and Bridget was upstairs when Mr. Borden was killed. She pointedly reminded Mr. Fleet that Abby was not her mother, but her stepmother.
Emma returned from Fairhaven just before seven that evening. The bodies of the Bordens were still on the dining room table, awaiting the arrival of the undertaker. Sergeant Harrington continued the questioning of Lizzie. Finally, the police left, leaving a cordon around the house to keep away the large number of curious Fall River citizens who had been gathered around the front of the house since noon. Bridget was taken to stay with a neighbor, Alice Russell stayed in the Bordens' bedroom, Emma and Lizzie in their respective bedrooms, and Uncle John in the guest room where Abby had been killed.
August 5
The next day Lizzie's uncle, Hiram Harrington, married to Andrew Borden's only sister, Luana Borden Harrington, had given an interview the day before to the Fall River Globe, which now appeared. He falsely stated that he had had an interview with his niece the evening before --- the evening of the day of the murders --- and that his niece had not shown any emotion or grief, "as she is not naturally emotional."
Sergeant Harrington --- no relation to Hiram --- found Eli Bence and interviewed him about the attempt to buy poison. Emma engaged Mr. Andrew Jennings as their attorney. The police continued to investigate, but nothing of significance was found. Fall River was in an uproar, and the newspapers, both in Fall River and the metropolitan areas, were obsessed with the killings.
August 6
Saturday was the day of the funerals for Andrew and Abby Borden. The service was conducted by the Reverends Buck and Judd, of the two competing Congregational churches. The burial, however, did not take place. At the gravesite, the police were informed that Dr. Wood wanted to conduct another autopsy. At this second autopsy, the heads of Andrew and Abby were removed from their bodies and defleshed. Plaster casts were made of the skulls. Andrew's skull, for some reason, was not returned to his coffin.
August 7
On Sunday morning, Miss Russell observed Lizzie burning a dress in the kitchen stove. She said, "If I were you, I wouldn't let anybody see me do that, Lizzie." Lizzie said it was a dress stained with paint, and was of no use. It was this testimony at the inquest that prompted Judge Blaisdell of the Second District Court to charge Lizzie with the murders.
August 9 through August 11
Judge Blaisdell conducted the inquest, the proceedings of which were kept secret. At its conclusion, Lizzie was charged with the murder of her father, and remanded to custody. Lizzie's only testimony during all of the legal proceedings was at the inquest. The next day, August 12, she was arraigned, and pleaded not guilty. She was held in Taunton Jail, which had facilities for female prisoners.
August 22 through August 28
The preliminary hearing was held before Judge Blaisdell. Lizzie did not testify, but the record of Lizzie's testimony at the secret inquest were entered by Jennings. Tearfully, Judge Blaisdell declared Lizzie's probable guilt and bound her over for the Grand Jury.
November 7 through December 2
The Grand Jury heard the case of Lizzie Borden during the last week of its session. Prosecutor Hosea Knowlton finished his presentation and surprisingly invited defense attorney Jennings to present a case for the defense. This was unheard of in Massachusetts. In effect, a trial was being conducted before the Grand Jury. It appeared for a time that the charge against Lizzie would be dismissed. Then, on December 1, Miss Russell testified about the burning of the dress. The next day, Lizzie was charged with three counts of murder. (Oddly, she had been charged with the murder of her father, the murder of her stepmother, and the murders of both of them.) The trial was set for June 5, 1893.
