Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1856-02-26

over 10 the tavern and then went out on the old
Petersham and HubbardSton road, and then turn
ed to the right to Mr.. Jonas Rice's, and then
back TO the common, about twelve o'clock. As we
came on the common we heard a carriage drive
across on the opposite side We drove over to
the tavern, and in a few minutes news came that
the ehaise had stopped at Babhitts house and had
again drove on. Bryant came cut aud said, "These
devils are in that chaise; go and arrest them fell
lows It you consider your lives worth a straw"
or aomething to that effect Babbitt sdid-"Mr.
Bryant, what do you mean? ?" We Immediately
proceeded in pursuit, having procured a fresh
horse. We went up the new Petersham road to
cut them off in that direction, and DR.. Bates and
another were to take the other Petersham read.
we drove as fast as we possibly could to Deacon
Aliens, and found no carriage had passed there.
we then passed on till within quarter of a mile
OF Edwin Aliens, when we heard loud talk. We
then met the men having possession of Robinson
and Pond, and returned with them to the tavern.
went with Babbitt and Lyman Rice, in the
morning, about daylight, TO arrest DR.. Gardner.
Babbitt and rode in one carriage and Rice in
another When within about half a mile from
Deathville it was arranged that Rice should go
forward and we keep back till he had gone on
Rice got there some quarter of mile ahead of
us. As we came up Babbitt inquired if he was
there, and Rice said, yes. We found Gardner in
his room, and Babbitt said" Is this DR.. Gard
ner Z! Gardner answered." What if it is or is
not?" Babbitt then turned and asked Rice if
this was the man. He said it was, and Babbitt
arrested him. After breakfast we took him to
Barre. Thereon was searched and DIR. Gardeners
carpet bag taken by Rabbits order. The search
was thorough one. When we got to Barre,
gardeners person and baggage were searched by
y Babbitts direction in No. 7. He was left in my
care by Babbitt, with directions to keep him safe
IN that ROOM The first evening of Dr. Gardeners
examination, DIR. Gardner was unwell and wanted
to go to bed. 1t soaS excessively sca1na. The bed
was foot and a half or so from the window. l
nc loci L I IL. IL.
1urther part of the room, and sat down myself by
the window. | did not consider there was the
least danger of an escape. Mr.. Lawrence came
IN, ana, soon after, some one came and said that
Lawrence was making great stir about Gardeners
oelng so near the window | answered that he
was unnecessarily alarmed, there was no danger.
(Capt Nye Is large and athletic mani. After
wards, Elnanan Bates took my place for the
night, and, by ones orders, Gardner was
shifted into the other bed.
was present when the baggage was searched.
Lawrence, Jameson. and Babbitt were present
We all examined the billy Babbitt, I think,
asked us, II we ever saw such thing before
The reply was that we had not. 1 rather think
Rabbit said" ell, 1 never did
From the time we started in pursuit of Robin.
son and Pond Babbtt was with me all the time,
except when he went to Athol and back During
that time, he never went to his house When we
got back to the common. 10 o'clock at night, he
proposed going home. but did not. Every moment
OF time was occupied in the attempt to find them.
know no fact showing any omission of duty, on
the part OF Babbitt, that day. There was ru-
NOR that day that they had gone to Gardner. l
do not know where it originated. 1t was sug-
gested, by some, that they would be likely to go
in opposite direction
Cross ErGpaiaed.-T was'a witness in the former
trial. do not recollect that ever testified about
the pistol before. Tie conversation was in the
bar room. about one hour before We started The
paper which Babbitt wrote upon, to send to Hub
bardston, | think, was torn from letter. heard
1t read, but cannot say whit it was. The sub
stance of it was, that Robinson and Pond had
escaped, and he must look out for them. l think
did not say it was " Mr.. Clark, J Robinson and
three Others" ard that that was all there was on
1t. am sure that was not it. There was more
on it. | think. that, if 1 so testified, must have
been wrong.
Mr.. Nye was here inquired of, if he testified to
several particulars before, which he has to-day re-
lated To this, he replied, that, on the former
trial. he was not permitted to tell his story in de-
tail, as he had now, but, only to answer such
questions as were asked. He was further inquired
of. as to sundry points in his former testimony,
some of which he recollected and some he did
not.
When Bryant told Rabbit, to arrest those men,
if he valued his life straw, to Rabbits inquiry
" What do you meant" Bryant replied "Those
devils have been to your house, and you are
strongly suspected" ! do not recollect who first
suggested the search of GARDENERS room; might
have done it, but my best recollection is, that it
was Babbitt.
great number of questions We're put to the
'-ss, iit r0IasIUn u sessnoa " IA. ol.ivr
and matter testified to by other witnesses, having
no apparent object but to test the accuracy of his
recollections, and which we therefore omit.