Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1856-03-01
LOCAL NEWS.
TRIAL FOR BURGLARY.
Court CT Common Pieas-CrIminaI Term.
JUDGE NORRIS PREsIDING
LOCAL NEWS.
COMMONWEALTH rs. pL1SY 4. BABBrrr.

l
For the Commonwealth, District Attorney John
II. Matthews and George f. Very. For the de-
fence, Charles Allen and Hartley Williams.
TENTH DAY.
FRIDAY, February 30
Lyman a. Rice | was with Bryant when he
called on Lawrence Tuesday evening Lawrence
said Rabbit ought not to go. This conversation
| was in Lawrence's door yard
| Htfdn PadSpouh Bryant directed the search
| OF Gardner. did most OF it, Mr. Nye assist.
| ed
Cross Examined do not recollect who was
present when Bryant directed me to search Gard
| ner. do not recollect that he was in the room
| during the examination. He went up stairs to
| the room with me when l went up l gave the
| directions during the search
Lr Bates. The hedge the east side of the
| pond, at that time was about ten feet high. 1t
| was almost impenetrable, l should think man
lying IN 1t might be seen at ten feet distance.
| did not see Nye or Babbitt, when Pond and Rob-
| inson were arrested l saw them at the Massa-
soft House, before and after. Explanations of
the locations in the Drs Gardner were here Civ
| en- by reference to the map.
Cross Examined. tits difficult to pass through
the shrubbery, between the pond and the wall.
| SeloGH Underwood. l had conversation with
| VIM Rice, Jr., about measurements in the vicIn.
| ity of DIR, Bates pond. He said he had meas
| ured the distance from where he stood when Pond
| was arrested to where he lay. He said Bryant
told HIM, II any one asked how he knew the dis
lance, to tell them he had measured it. He did
not say how or where he was located.
A6'athar Laurence. L was present when the
| billy was found. | cannot say whether or not
| Mr.. Nye was present. have no recollection of
| seeing him Smith and Williams were present.
| do not know whether Babbitt said any thing
about the billy when it was taken out. Bryant
came to my house and requested me to go out on
| the night Of the arrest, as he said Babbitt will
never arrest these men. This WAS about guar.
| ter past twelve.
! Cross Examined II went to Gardner that night
at MIR, Bryant's request. saw Babbitt that night
| in buggy, near Swans stable.
John w. Reel did not strike Pond when he
was arrested. did not see Willard Dennis there
| previous TO Ponds arrest. l saw no interview
| between him and Babbitt l saw an interview
between Babbitt and Holden. 1 saw Babbitt com
ing from the garden when this interview was
had.
Cross Eranined.-I can't tell whether Pond
sand, "don t kill me" or not He made some
reply to those who had hold of him. I was ear
nest IN the pursuit-don't think was much ex-
cited at the tlme-there good deal of ex-
citement among those in pursuit. MY hand was
on Ponds collar when he made the exclamation
might have given him shake-but don't know
eertaln-eant swear that Pond did not saw
" don't kill me-" l was not conscious, at the
time, that shook him, but have been told, since
that did never said, to any person, that
was so excited that did not know what did. -
did not shake my fist at him. | said, secure
the rascal, now we have got him
Seth Holden.-On Thursday, the night Pond
made his escape, was in DR.. Bates's garden
arrested Pond. l saw Babbitt that night. about
ten minutes before the arrest, in the moving,
about eight rods from the pond He told me- in
low tone, to pass down by the wall and see if l
could find Pond, and 1 went He made no mo-
ton to me. He said, search through the
hedge" L proceeded on, and commenced crawl.
ing through the hedge, on my hands and knees.
commenced at the south end and found Pond
after had got about half way through. l was
on my hands and knees when l found him. He
was partly lying down-hs back towards the
wall. Mr. Abiiah Wood was the first who as
sisted me over the wall with him. Babbitt was
the next, and John W. Rice came up, immedi.
ately. We had got over the wall short distance
when Babbitt came up, The first OF my seeing
Babbitt was, he came between the prisoner and
the WALL crowded Mr.. Wood off, and took Ponds
arm.
saw Willard Dennis that night, but not i'm.
mediately previous to the conversation with Bah
bitt. had no conversation with him about get
ting team to drive around with. l was as near
as L could be to Babbitt when l had the CONVEX
sation with him. l did not see any one else near
HIM then. l think John w. Rice took hold of
Ponds neck when he was arrested, and shook
him. did not see him strike him with his fists
doubled up.
Cross Examined Rice was good deal excited
at the time. l cannot state how far was from
the brush that Babbitt asked me to search, but
think it was about eight rods AS I approached
the hedge did not look back. Babbitt was near
me- He slapped his hands, and motioned to the
crowd to keep back. L motiOned, also, for them
to keep back. have been sheriff for seventeen
years, | never carried pistol or dirk. l tho't
Mr.. Rabbits conduct at this time was iudieious.
did not see anything, throughout, that was not
right AT the time l motioned to the people to
keep back, did not know that Pond was in the
hedge. Rabbits motion was similar to mine.
Mrs. Cordelia G. Warren. reside in Worces-
ter, No. Blackstone Street. know Joseph r.
Robinson. l never had acquaintance with DR..
Gardner, but have seen him. l saw them both in
July, 1858.
The counsel for the defence here objected to the
testimony, and inquired to what end it was sought
to be introduced. The District Attorney stated
what he intended to prove, and his statements
were replied to by the senior counsel for the de-
Tense. The Court ruled that the testimony was
not admissible, and the witness was dismissed.
The examination of witnesses was here closed,
and the counsel for the defence proceeded to read
as preliminary part of his argument, the rulings
OF the Supreme Court, upon the bill of excep-
tons, filed by the counsel for the Defence in the
trial of Robinson, Smith, and Williams, as prin-
cipals, and Gardner and Babbitt as accessories be-
fore the fact for breaking and entering the dwell
ling house of Lyman F. Rogers, on the night of
the 5Oth OF August, 1858, with intent, &c.
AFTERNOON SESSION.
At the opening of the Court, at two O'Clock in
the afternoon, Judge Allen commenced his argu.
ment for the defence, and concluded it, at about
halt-past six o'clock. 1t was very clear and
able argument, and riddled the testimony of Pond
very essentially. I'VE have no room for any alb.
stract of it.
The argumentfor the defence will be made this
morning.
FIRE.-About two o'clock yesterday after
noon, dwelling house in Pine Meadow, be-
tween Pine Street and the Railroad. owned