Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1853-11-02
Trial of the Barre Burglars.
Fourteenth Day.
Court of Common Pleas, for Criminal
BEFORE JUDGE BISHOP.

Cases,
BEFORE JUDGE BISHOP.
Counsel for the Government, District Attorney
AldTich and J. II. Mathews, ESQ.,; for Babbitt,
Geo Farley, Esq, and N. F. Bryant, Esq;
fol Williams, J. G. Park, ESQ.,; for Gardner,
Robinson. and Smith, C. X. Wetherell and H.
d. Stone, Esqrs.
TUESDAY, Nov l.
The Jury returned this morning about O'clock
after being closeted for upwards OF l6 hours They
returned verdict of guilty, against both principals
and accessories After rendering their verdict, the
jury was excused to half past two O'Clock P. NJ,
and the prisoners were removed to prison, except
Babbu who is at large upon his recognizances.
When the Judge took his seat on the bench, a,
lalf past O'Clock P. NJ, Charles X. Wetherell,
ESQ, in behalf Of his clients, Gardner, Robinson,
and Smith, concurred in by the counsel of Babbiu
and Williams, behalf of their cliedts, made the
the following motion:
"And now after verdict and before judgment and
sentence, the defendants come and move that The
verdict be set aside and new trial granted, for the
reasons following, viz:
LIST. That Mowry r. Thayer, one af the Jurors
on the panel to try the issue aforesaid was at divers
times, during said trial, drunk and ntox jcaled, and
so unfit to discharge the duties of juryman as
Aforesaid
Mr.. Wetherell began to comment on his motion,
when the learned Judge minated that it would be
necessary in the premises to prove the fact.
Several witnesses wese called to support the allie
CATION, among them, the sheriff, General Day, and
several jurymen, who were, and some who where not
on the panel with Mr. Thayer. The general testi-
mony was, that Mr.. Thayer seemed drowsy while
the judge delivered his charge; that he leaned upon
his chair while standing up, that his eyes were clos.
ed part Of the time, and that his breath was affected
with liquor. No one who testified for the defend
ant saw him drink any intoxicating liquor. Sew
eral of them stated that he acted as integently in
the case as any on the panel.
Severalwitnesses were ca He'd for the government
to testify in reference to Mr.. Thayer
Henry Chaplin Esq. has known Mr.. 1hayer for
II OF IA years, and never knew him 10 be intoxi-
catd. He him at Uxbrdge about half past
O'Clock, on Monday morning, when he was per-
fectly himself Did not see him subsequent to that
PERIOD
H"liCH AiuihCs; SndltHdH Ol lne DpdTQ OF Be-
lectmen OF Dough has known Mr.. Thayer for up
wards of twenty years, and never saw him intox-
Gated.
Mr.. Thayer testified, under oath, that being
sick with bowel complaint, he took half a glass Of
liquor before he left home, and half glass when he
got to this city, being chilled with his tide. He
was not intoxicated, and didnot feel the first sensa-
81, ,,,f,.
stood every word Of the charge and acted on his
own independent iudg meni ia the rendering Of the
verdict
Other witnesses were examined, who stated that
they had been in Court during the whole progress
Of the trial. and had Mr.. Thayer during all
that time, and that there nothing to call par.
ticnar attention to him On that OCCASION
After hearing arguments from Mr.. Wetherell and
the District Attorney,the Judge reserved his opinion
TO future time