Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1853-10-28

Court of Common Pleas, for Criminal
Cases,


BEFORE JUDGE BISHOP.
THURSDAY, Oct. q.
Counsel for the Government, District Attorney
AldTich and J. II. Mathews, ESQ.,; for Rabbit,
Geo. Farley, Esq, and N, F. Bryant, ESQ.,;
iol Williams, J. e. Park, ESQ.,; for Gardner,
Robinson, and Smith, C. X. Wetherell and II.
d. Stone, Esqrs.
Rebuttng testimony for the Government.
The Government introduced several witnesses to
rebut the testimony Offer ed by the defence. Apple.
ton Clark, Deputy Sheriff, of Hubbardston, had the
custody OF Pond two three occasions during his
examination at Barre, and did moi see Mr. Baker
holding any interviews with Pond except from two
to FIVE minutes in one single instance.
Edwin Woods, Esq, OF Barre, was recalled, and
stated that he was present at the search Of
Babbu's house and during the conversation in
gard to the powder. He did not hear anything said
in relation to the powder to load the pistol, being
taken from can of blasting powder. The witness
adhered to his former testimony.
Daniel L. Hurtoon, the hotel keeper, at Cold
brook, was recalled and said be wished to make no
change in his former testimony.
Hiram Wadsworth and Noah Humphrey, of Bar
re, were called to testify to certain disputed points
Of minor detail.
Lowell Baker, Jr., was recalled, and SAID he wish.
ed to make no change in his former testimony.
Geo. w. Richardson, Sheriff of the County,
testified that Mr.. Baker was one of his deputies.
Sewall Underwood, of Barre, knew WIN. Rce,
Jr., "a material witness Tor Mr.. Babhiu). Rice
informed the witness that MIR. Bryant had told him
how to testify.
Phineas E. Davis, Constable, of HaverhilI, testi-
fed that The shop of Stephen Thompson of that
town was broken into the night of the 18th s. 10Th
of August. The witness fixed the date by means ola
memorandum kept by him. The breaking open Of
Thompson's shop subject of public conversa-
tion in HaverhI This evidence conliced with
that of Mr. Thompson and his son, who testified
that the burglary occurred on The night of the 18th
and 10Th of August.
Cross Examined b MIR. yFarIey. Have no other
means of fixing the date except this memorandum
Nathan Fletcher, of HaverhiIl, corroboraed the
testimony Of Mr. Davis, and assigned several cogent
reasons for his recollection OF the date.
Walter Ordway, Benz. Pearson, and John D.
Ford substantIated the evidence of the two former
witnesses.
Abathar Lawrence, OF Barre, thought he paid his
taxes to MIR Rice on the 29h of August. He paid
him from money tina, he had in his pocket, and not
from the package Of Ware money, received by him
that day.
The evidence was closed at ii O'Clock A. M, and
John G. Park, Esq, and addressed the jury
for his client Williams.
AFTERNOON SESSION.
Mr.. Park finished his. argument at five minutes
before 3 O'Clock, and was succeeded by c. X. Weih
ere, for Dir. Gardner Robinson, and Smith. MIR
Weherell reviewed the evidence in relation TO
Gardner more partiually, during hour, and then
took up the points having more especial eerence TO
Robinson.
MIR. Wetherell stated that he was not originally
counsel for Robinson and Smith. Mr.. Stone was
their counsel, but beng obliged to leave the city, he
had eflth interests Of his clients in Mr. Veheres
hands, TheIearned counsel then went on to argue
the nsuiciency Of tine evidence 10 inculpate Robin.
mson and Smith in the crime alleged. Mr. Wether-
ell closed his argument al 20 minutes past4 P. M
when Mr. Farley commenced his plea for Babbitt
After the learned gentleman had consumed one hour
and 40 minutes in most acute, ingenious, and some
what humorous discussions the Court adjourned 10
half past A. NJ. Friday.