Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1853-10-14
Trial for Murder.
Supreme judicial Court.
Second Day

THURSDAY, Oct. Is.
Present, Chief Justice Shaw, aud Justices Mer-
rick and Thomas
The case For the defence was opened hy Calvin
E. Pratt ESQ Who said he hoped 10 prove that
Barker could not he the person who committed this
murder. His affection Tor his v lie had always been
remarkably strong. His conduct on the I'd January,
when seen by all the Witnesses, that Of an al.
fectonate husband. Aud the declarations Of Mrs.
B. were contradictory that they ncgaiived each
other, or ifthey were 10 be believed they tended 10
exculpate B instead Of to convict him.
Levi Jackson, constable. was at Bakers house
on the morning Of the 81 OF January, and saw Mrs.
B. lying in bed, en- her back. He asked her who
struck her, She said she conld not Tell which of the
two did it. When asked Who she meant she re.
piled, civilian or Sally Budding" Saw her
once, subsequently, but had no conversation with
her.
Ed SouthwicS, Sec'y OF the OyrIseers Of thu
Poor, visited the House Of Barker, on Tuesday, Sd
January. In the course of conversation with Mrs.
B.. concerning the wound, she said her husband did
it. She dld not make any other statement during
that visit. He visited her frequently afterwards
During his subsequent visits,s told Mr. Southwick
that she did not know who did it. She seemed as
intelligent at those visits the first, but was ev.
identity failing in physical strength. Her statements
that she did not know who did it, were made to di.
rect questions put by Mr. Souihwick.
Henry d. Stone ESq.,w originally retained
counsel for the defendants testified that he visited
BIS house, in company with DR.. Benz Haywood,
nd L
raj terms, and then asked her ''i her husband did
it," She replied "No." He then asked, ssif she
knew who did it," She replied that she did not
know. Had no private conversation with Mrs B.
Did not tell her he was her husbands COUNSEL
Never saw Mrs B. after this.
Rosa Barker, mother Of the prisoner, came from
Providence, to keep her daughter,in law, when she
heard OF the circumstance. Remained with her till
she died. Frequently asked her "ii Willie did it''
She always replied, ooh no. Willie was always too
kind to me to do such thing
Elizabeth Sullivan testified that Barker came to
her house the afternoon Of the 81 January, about
O'Clock, aud remained for about three quarters of
an hour
Conner Farley has known D. for four years, and
was always kind and generous to his wife, so far as
l saw.
Joseph Hagan lives III Providence and deals in
paper stock. Has known b. and his wife for three
or four years, He was always kind and alfectionate
towards his wife.
The examination Of this witness closed The evil
dence for the defence,
About L 3 ,asi II nj D,,.;nb, E-,.. T.
commenced his plea for he prisoner His address
was a very able one. II was eloquent both in man.
ner and in diction, being sometimes highly pathetic
and eloquent, well as concise, lorcible and logi
cal in argument. He occupied about three quarters
Of an hour, and was folio we'd by Attorney General
Choate, who deservedIy complimented him on the
skiul and accomplished manner in which he had
discharged his onerous aid grauiious duties.
At Que O'Clock, 1.-The Court adjourned to two o..
clock r. NJ