Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1856-02-28
EIGHTH DAY.


Jonathan S. White was in nv harness sbop
east OF the Naquag House. when Pond escaped.
hrst went down the Worcester road then cross.
ed the Ware road, and came into DR.. Bates's
moving, twenty rods south of the fish pond, and
searched some grape vines and bushes, and along
by the fence, and had Just commenced searching
some dltehesi when heard a shout that he was
found started Immediately in that direction,
and saw babbitt and Holden, with Pond between
them | overlook them near Mr Bacon's barn.
and continued with them till 1 came to my shop.
When first saw them, they were within rod of
the place where they got over the wall-I think
within ten feet. WhenI first saw them, Babbitt
and Holden both had hold of Pond. John W.
hice assisted me in searching around the trees,
and by the fence.
The witness here described the store, the situa-
ton of the safe therein, &C., substantially as Mr..
Gorham did.
Gross Bramined was here at the former tri-
al, and saw the prisoners. l had not known Rob-
inson before. | should Judge Smith to be about
five feet high less rather than over. l am -
feet high. Robinson is three inches taller than
l. Williams Is about tall as RObinson-Pond
not quite so high.
The witness was here cross examined long
time, in relation to the localities, the fence walls,
pond. &c, in and about DR.. Bates garden, which
would be quite unintellgible to the reader with
out plan, and the object of which we could not
perceive. we therefore omit It,
YIN, S Walker l was in the Bates moving
little way from the garden wall, and between it
and the ledge, when the shout was given that
Pond was found. | up to the garden, and
got there before he taken over the WALL
| came into the garden at the southwest corner
of the pond. Mr.. J. w. Rice and Mr.. Holden
had just got Pond up, as l came in sight
Rice was striking Pond Mr.. Babbitt told him
to leave striking. Babbtt was Just over the wall
east of where Pond was. Mr. Babbitt did not
get over the wall, but took hold of Pond and as
sisted him over. Babbitt and Holden each
having hold OF one of Ponds arms, proceeded
with him to the common, passing by Dan'l Ba-
cons house. | saw no else have hold of
Pond. l accompanied them to where they turned
toward the Town House, nearly in front of Mr.
Woodss store.
Cross Eramiued cannot tell whether I was
nearest the ledge or the wall, when the shout
was given should think the ledge was more
than fifteen rods from the wall, but should not
think it was more than twenty. | have not ex-
amlned 1t with special reference to the distance
had searched slightly at the ledge. Previous
to that had been up to the cornfeld wall l
heard Babbitt give directions about searching the
cornheld. was on the wall till they turned to-
wards the garden. l did not see Rabbit again
till Pond was arrested. did not see Babbitt till
l saw him in the cornfeld. l could not say whose
voice it was that said" We have found him."
thought, at the time, it was Babbitt's Rice
George BateS.-I lived at the Massasoit House
in 80. was in the small room when Pond
jumped out the window, and gave the alarm NV
room was directly under his. l went up through
DIR. Bates's garden to the ledge. Thence l re-
turned to the ga1den. There were several of us
together. | saw Babbitt come out of the hedge,
by the garden, and beckoned us to him. When
near, he motioned us to stop. Babbitt then re-
turned, and l went to the corner of the pond and
heard them say they had found him. 1 next saw
Holden and Babbitt, having Pond.
Cross E.cGnllRatI0n.-(The cross examination
went into particulars as to localities, &C.. but
without eliclting any new fact of consequence
l had an interview with Babbitt last evening, at
Mr.. Williams IS Office. saw him at the Jury
room in the court house yesterday Several wit
nesses were present. l do not know that Babbitt
spoke to me. To inquiries whether Babbitt had
not requested him to testify several to specific
facts the witness replied he had not. To an inquiry
whether he had not told Elhanan Bates that Bah
bitt had requested him to testify to them, he re-
piled that he did not. He told him he thought
from the manner Babbitt questioned him, he
wanted him to testify so. l said Babbitt asked
me if did not see him point toward where Pond
laid and l told him l did not. | did not tell
him that Rabbit asked me to testify that saw
him point
Direct-The interview with Babbitt was in the
jury room by the court room door. Mr. Williams,
counsel for Babbitt. was present. Several other
persons were present. They were passing in and
out. Babbitt inquired whether l saw him at sew
eral different points. These inquiries were all
that made me suppose Babbitt wanted me to ties.
tify different from my recollections He did not
ask me so to testify. Elhanan Bates advised me
net to go upon the stand till had got my pay
Cross EIGDlt1sed.-I have no father living l
have a second mother did not tell Bates had
no money. Bates told me to make Rabbit pay
me, before went upon the stand He told me
how much it was The interview between me
and ElhaOan Rates was SOughf nv him
Daniel King.-I went in pursuit of Pond l
was on the northeast corner of the wall, when
Pond was found. Babbitt came round one way,
by me, and Holden went round the other /
could not tell which put his hand on Pond first
They both assisted him over the wall. followed
them down by Mr.. Bacon's to the Common Bah
bitt and Holden had hold of Pond.
Cross Examined When IL went started from
the comm0n and went in by Mr.. Bacon's, and
crossed over into Mr.. Woods's first saw Bah
bitt coming round towards me, nearer to me than
the bank wall. He coming round the north
side of the pond, and on the edge of it, and went
directly to the hedge did not see Babbitt till
l saw him at the wall with Holden and the pris-
oner. l was about rod from the pond l was
about as far from where Poud found, to the
north, as across the court room
II. f. Brooks, recalled. Smith and Williams
came to my shop the afternoon before the bur
glary and inquired for coats. Smith tried one,
but said it did not fit and they would look fur
Their. They were there fifteen or twenty minutes.
They then went into Mr.. Wadsworth's store and
we've there from twenty minutes to half an hour
and from that went to the Massasoit House
saw them. They returned to the Massasoit House
not far from five O'clock go to tea at 5 o clock
and had not been. Smith was in again in the
evening. He got five dollar bill changed for
small bills.
Cross Examined When they came in they
Immediately called for clothing. and had no other
conversation excepting about that.
Charles BrtmbtecOnl, Esq. | am Counsellor
in Law at Barre. Mr. Babbitt consulted with me
in relation TO making arrests without warrant.
soon after his appointment 1t was in a specific
case. advised him not to make it, and gener-
ally, not to make any without warrant, except
where it was necessary to keep the peace, or
when crime was committed, and even then not to
do it, If there was time to get warrant. told
him that person mad right to know for what
he was arrested, and, if he had not a warrant he
was likely to get into trouble | gave him a writ
the 3lst of August, late in the evening. 10
serve against Hiram Lawrence. He worked at
the furnace village in Hardwick do not know
where he resided, informed him of il, early in
the afternoon, and he said he would 20 as soon
as he had made his arrangements for the night
l gave 1t TO him about nine o'clock, and told him
it must be served that night without fail. as the
term of service then expired. 1t was returned ne
served on the 3lst Of August. The suit was
writ OF entry for possession, The defendant would
have held by possession in a few days and want
ed to be certain to be in season.
Edtcin Woods, recalled. | made the papers for
the arrest If the burglars. | found / had no
blanks Of the proper description, and we had to
write out the warrants in two cases. We were
delayed also ia finding the form for the search
warrant Considerable delay occurred in making
the papers, occasioning complaint from parties
who came into the Office. The search warrant
was against the four, and against any house where
they might be- Ii is nv impressiOn that nahl,itt