The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1825-10-26

saddle-bags, sc. aud he replied that he
had traded for her-that he met two
men in the road, and was bantered by
them, either to buy, or swap for the
mare upon reflection, he said, he rec
objected that he had note upon one OF
them for sos, and five years interest
that he proposed to give him his note
for his mare, and that he did so but did
not pretend to account for the bride,
saddle, and saddle-bags. tit should here
be recollected that these men have never
been produced as testimony; and it is be-
iieyed, had there ever been such trade,
no pains would be spared to produce
them /; which being done, the great
problem would be solved, and the guilt
attached to some other; but as it has
not been done, it must be considered as
a fabrication of the prisoner's-and if
pardoned should tend to bring down up
on him the just and merited scorn of an
honest world. The mare found in the
possession of Desha, and claimed By him,
as has, is sworn to, positively, by John l..
Martin, Samuel Scott, and Zedakiak
Moore, to be that of the deceased Ba-
ker's. The day after the murder, bril-
die was found near the spot, which was
proven to have been |. B. Desha's. A
whip, or the fragments of whip, was
also found, and was proven to resemble
very much, whip Isaac B. Desha was
seen with the day before, and never since.
A dirk, proven to have been Desha's,
by the person who sold it to him, of the
tour-sanare kind has made hole through
the coat, wastcoat; and shirt of Baker,
corresponding exactly with the wound
in his breast-for the hole through the
clothing is small, and has every appear
ance of being made with small square
instrument. Desha acknowledged to
Brown, that he left Dogget's with Fran
els Baker, but only went short distance
with him, when he turned off of the
main road, to go to Dennison's, for the
purpose of buying brandy but upon re-
Election, he discovered he had no money,
and took near cut into the road, when
he met the men, and was bantered to
swap, &c. Now this acknowledgment
involves this absurdity: Moore swears,
that Baker left his house after seven
o'clock he then travels to Dogget's, FIVE
miles, which would make it a quarter
past eight. Dogget swears, that he re-
NAMED at his house half an hour before
Observation-Disclosures, and left there ;
which would make it then nine. Ball
swears, that when he caught the horses
it was about ten. From Dogget's to
Balls, it is about four miles and from
Dogget's to where the murder was COM
mltted, about %. According to this,
Baker must haze left the main road 1Uhich
he 7pGs travelling, took small neigh
bourhood road, with which he was unac-
quainted, and travelled up it two and a
half miles, into thick wood, in order to
give a" opportunity to be secretly muir
dered-tho men mnet hare murdered
him, secreted his body and clothing
travelled back 2amiles traded with De-
sha, and that too, mare which he had
seen and was in company with not one
hour before, but did not recognize-and
he, Desha, must have travelled to Balls
making Baker travel two and hall
mlles-making the horses travel miles
Baker murdered-and Desha trade.
IN the short space Of one hour. 1t cannot
be; there is not sufficient time. But
examine it the other way, and see how
reasonable. Desha persuades Baker TO
go the road-and his horses getting
away at the spot where he committed
the murder, they only had the four miles
to travel between nine and ten. With
this evidence before them, the second
jury found Isaac B. Desha guilty Of muir
der.
The verdict was returned about hall
past eleven o'clock at night, on Saturday,
the last day of the term. William Brown
moved the Court for nezv trial, upon
the ground that the murder was not prov
ed to have been committed in Flemming
County, as speci6ed in the Indictment
When the opinion was delivered, grant
ing the new trial, part of the audience
clapped, while the others Kissed, singu-
lar circumstance to have TRANSFERRED in a
court of justice.
Auc17eTA (.r ocr *