Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1853-10-27
Trial of the Barre Burglars.
Court of Common Pleas, for Criminal
Cases,
pEEopr inner prsunp
FORE JUDGE BISHOP.

Geo Farley, Esq, and N. T. Bryant, ESQ.,;
foi Williams, J. e. Park, Esq; for Gardner,
Robinson, and Smith, c. X. Wetherell and II.
ID. Stone, Esqrs.
Merrill Rowland of Barre, testified IN relation to
the construction and location of Babbl's house. A
plan of the house submitted to the jury.
& Thomas p. Wheelock one of Allen s. Thurber's
workmen, testified in relation to the general con-
sruction OF Allen s Thurber's pistols, and was of
opinion that the ooseness of the screws in the pis.
tol, identified by Pond, was no positive ground Of
Identification.
Cross.enamined by J. H. Mathews. Never saw
two Of Allen & Thurber's pistols with the marks,
stamps, screws, Sc, exactly alike. IL l carried a
pistol week, think could recognize ii.
James w. Jenkins, Jr, Barre, heard Mr. Baker
say that the representations made by Pond impca.
ted Babbilt. He said that Pond told him the pistol
aud watch were deposited in hole in the ceiling of
the back room in Babbil's house, and were dropped
down about two feet. Was at BIS house when II
was searched Mr. Bryant, Baker, and witness,
went into the uafnihsed oom but found no hole. pis
tol, or watch, until they got upon the ceiling, " hen
they found, behind the chimney, hole but neither
pistol nor watch. This hole not one likely to
be used TO conceal anything. When we came down,
Mr. Baker asked Rabbit if he had pistol. 10 which
he replied, 81 have "A revolver" and Immediately
brought it TO Mr. Baker. We found taper matches
IN the cellar way, just as Pond had intmaed to Mr.
Baker. We searched the cellar, and when we came
back, MIR Baker asked Babbll where he got his mis-.
lol. He said he got it DIT Nashua, or from Nash
ua man. witness could not say which. Rabbit i'm.
medlaely explained, by saying that he bought il at
Worcester, OF a Nashua man. When asked for the
Tamrod and bullet mould, he said the man he bougb,
Inc pistol OF had Two pistols, and only one ramod
and bullet mould, which he, B., did not buy. STA.
ted that he loaded the pistol with the last of a can
lister of powder which he bought OF John w. Rice.
ana winch he had used at his farm for blowing
rocks with. He said ne had no caps that fitted The
pistol well, but had some that he used. He then
brought forward small paper box, with cans and
curtain hxings III it. did not notice whether tbev
were rusty Or not They were too small. bnt I
pressed one on. Was present when the cenvers..
ton between Mr. Baker and Babbrt took Mace in M
A'drch'S house, on the morning after Rabbits
house was searched. Mr. Baker asked him if he
told Pond to lie still, in DIR Bales's garden. He
said he did not. Mr. Baker replied, "Pond saws YOU
dId. His answer was, ''He lies.'' The CONVEX
sai'on was here broken off, when it was resumed.
Rabbit explained his words and motions, as thew
have been testified to by VIM. Rice, Jr.
Cross eram,ned by District Attorney AIdrich--
Heard Rabbit say he had owned the pistol since
February or March Did not hear him say he had
owned it year. When Mr. Baker described the
room IN Rabbits house, was Of the opinion that
there was such hole. own Babbitt's house.
advised you not TO arrest Babbtt until he wen, mex,
day to Oakham and attended to an auction sale
there did not say wanted to secure myself be.
lore Babbitt was arrested. We found the matches
where Pond said we should find them | did mt
lind anything at all to ncuIpate Rabbit, in all the
circumstances attending the search of his house. /
concuIred IN the general opinion that he should be
arrested IN order that Mr.. Rabbit nigh clear him.
self. have spoken to Mr. Baker about This matter.
have said would rather be Babbitt as Baker.
believe that Mr.. Baker has conspired with Pond 10
RUN Babbitt. At one time l suspected thai the
District Attorney was engaged in conspiracy to ruin
Rabbit.
The witness made other grauitous state.
menIS in relation to his impressions and opinions of
the conduct and motives of Mr.. Baker and the Dis
trIct Attorney. He said, how ever, that he was
satisfied that he District Attorney was not con.
sfirator against Balbilt The extraordinary de.
meanor and language of this witness created consid
cradle excitement in the Court. The Court ruled
that the opinions of the witness, concerning the mo.
tiVes, &c Of the public officers we're not evidence
and the witness was then told to leave the stand.
The Sheriff, before the witness left the stand.
stated that he sent Mr. Baker to Barre to examine
into this matter, and that that he considered himse
entirely responsible for the proceedings that had
taken place.