Worcester daily spy., 1853-10-26

BEFORE JUDGE BISHOP.
MONDAY, Oct oath.
Cceusel Eor the Government, District Attorney
AidTich aud ]. II. Mathews ESQ.,; for Babbiti,
Geo. Farley, Esq, and N. F. Bryant, Esq !;
toa Williams, J. {. Park, Esq.,; for Gardner,
Robinson, and Smith, G, X. Wetherell and Fl.
d. Stone, Esqrs
The Court ruled that the testimony of Mrs Bah.
biu, wife Of Pliny II. Babbtt, in defence Of Dr.
Gardner, ged accessory on the same in
dictnent with her husband, was lnadmissable. Mrs
Babbilt was present, and seemed sick both in body
and in spirit.
Lyman A. Rice was called to testify in relation
TO localities and distances, in connection with the
case.
N. F. Bryant ESQ.,, opened the defense for Mr..
Babbilt, aud explained, upon the hypothesis Of his
clients innocence, all the circumstances that had
tended TO fix the suspicious Of the community upon
him, as an accessory 10 those burgldres Mr., Bry-
ant stated that those circumstances, unexplained,
were highly calculated To prejudice Mr.. Babbitt in
the eyes Of the public, but he pledged himself TO
prove 10 the jury, that the conduct of his client,
throughout the whole Of this transaction, had been
that Of jealous officer, and an honest man.
AFTEREooN SESSION.
Mr.. Bryant resumed his opening address, and
continued his explanatory statements in relation TO
the apparent completely of Mr.. Babbit with the
robbers He accounted for the intimacy of his
client with lbe burglars, the assumption that, in
July last, Babbt incidentally learnt that Jasper R.
Robinson was in league with a gang orcounterlriters.
and that he, Babbtt, determined to gain Robinsom's
confidence and. in This way. brino him and his
criminal associaIe ,o ius,ice In nnrsnauce of This
nlan. Mr.. Babb;tt nre,ended ,u svmna,bze with
Robinson in his ropuerv and ,hrouoh his means
discovered The names of ,wo of his aasoc,aes. one
Of whom was DIR. Gardner. B.bbi,t revealed his
plan, and intended modes OF action, to deputy
sheriff, and to Counsellor at Law, and these plans
were apn,oved NJ In. ,hose oep,Iauan aud he ,vas
encouraged IN 90 on
Mr.. Bryrn, indicated Dist, let Attorney Aldrich
as the CnunseIlor nj Ia,y N ybor, he alluded Mr
Aldrch slated that he never heard Of a"y such Dian
as that referred to by Mr.. Bryant, until the night
a. W.T.. n%po', mouse was sea'e"eu anu "e n'"Sen
Jason Gorham, Barre, testified that he occupies,
N company with Mr.. Jenkins and Others store IN
Thief Dstsc,;"a S"cio,y" n" ,bs ,a'' wosm;s0 s
Tuesday, Both August, witness told Mr. BabbiIt to
get warrants and start as quick as he could alter the
Raf w 6rs, ~, n'' b,, ;s f "1 h,
the time was between and o'clock: Saw him in
mr. bryants ofhce same morning. near the table,
him, when I me-, Kin, IN ,be Common ubv
there was much delay in making out the papers.
ne "hswereu' 90 not KNOW 9a'd lie wou'd
lie went oui with CANAAN Nve saw No hestaucv
on the part of Babbitt to go in pursuit. Mr. Wads-
with sd,e N n's counting nouSe' ca" DC see" .,
Cross Examined bv J. c. Park Esq-Do not
know OF my own knowledge that Babsitt had any
ca"se tb.,, I'D him ,ba' b." :, NV, ,,,o "n Sa.
Mr.. Woods writing what he supposed to be v ar.
rant.
take any particular notice Of Balbilt's appearance
ana IT. conduct on mat occasion:
on Tuesday. N'''''' y 49, S'''
TUESDAY, Ocr. 25.
elisha Nye of Barre, corOborated Jason Cor
hams testimony in regard to the delay of making
out the papers necessary to secure the arrest of
the burglars. He accompanied Mr. Babbltt in the
pursuit, but, before going out, they called at BIS
house for pistol. b. brought out six barreed
revolver, of Allen & Thurber's make, which he,
the witness, carried throughout the day and sue
ceeding night. (The pistol which B. gave to Mr.
Baker was now shown the witness, who said it
was not the one Babbitt took from his house that
morning.) B discharged one barrel, stating that
he was not sure whether it would 60 or not, as it
had not been used since the Dana scrape. The
witness gave minute account Of the efforts made
by B. and himself TO trace Pond and Robinson,
during the whole of Tuesday, SOth August; and
he bore testimony to BIS active exerlions and zeal
in the pursuit. Witness accompanied him to
DeathVilIe on Wednesday morning, and saw him
arrest DIR Gardner. Did not see any hesltancy or
neglect on his part.
IN Tbrrsaav or Fr;dov Of tho ,roo,, ,,hon ,ho
nr;no;nal. moro bo;,o oxa,;noa NJ, ,RaLo ia
.;ua,o ;,o,.;.,, III pood - ,ho hau -.
ur....a;, H. TIL. ,ho', ,.o h.,rah ha..
,ono,hor oo,,a;n m, baa .no,bo, ;n,o,.;o.,
.;,bo, tho sumo d.v or tdav
l,ro... ra,.;n.J hv D;.,r;c, A,,rrov Aid,;oh
u,a .nsn;o;on, hor,,o 80 s,.r,ad ,ha, path,,
.i,.1 ..,;.l paA;. c:,,MC,
ham "non,, uoa .and path;,,
ros, Robioson,, ,yas .,,sr n;.,oI Laca.a w.
wen, on, and oxorossod snrnr;,o ,h., u a;a -,
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