Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1856-02-20
LOCAL NEWS.
TRIAL FOR BURGLARY.
Court of Common Pleas for Criminal
Cascs.--Jauuary Term.
JUDGE BISHOP PRESIDING.
LOOAL MEMS.

a
For the defence, Charles Allen and Hartle,
Williams
FIRST DAY.
TUESDAY, Feb. IS.
This is trial of an Indictment presented by
the Grand Jury at the September term of this
Court, in 1858. charging Joseph r. Robinson,
John Williams, and William Smith, as principals
and George Gardner, Charles Southwick, and
Pliny H. Babbitt, as accessories, with commit
ting burglary in the house of Lyman F. Rog-
ers, on the night of August Goth, then proceed
ing The case was tried at that term of the Court,
and all the parties were convicted
Exceptions were taken to the ruling of the
Court, which sustained so far as relates to
the present defendent, and new trial was order
| ed. Under this order the present trial is held
The case was opened for the Commonwealth by
George F. Very, ESQ.,, who read the law, appll-
cable to the case, defining the crime of burglary,
and what shall constitute man as assessory
thereto, and then went into a detailed statement
of the facts, which it was expected the govern
ment would prove, in support of the indictment,
and of the witnesses by whom the several facts
would'be proved
The District Attorney then applied to the Court
for writ of Ha6eas Corpus, to bring into Court
as witness in the case, the person of Charles E
Marsh, alias George W. Pond, now in jail, under
indictment for this offence.
Judge Allen, for the defence, stated that it
might be as suitable a time as any, FOR him to
say, as it might tend to shorten the case, that
in the defence, it would not be denied, at ALL but
would be admitted, that such burglary had been
committed any testimony, therefore, which
went to prove that fact, unless it served to con.
meet the defendant with it, would be objected to.
This point was argued at some length by Judge
Allen and the District Attorney
The Court remarked, that there must necessar-
lily have been much testimony on the original trial,
not applicable to the defendant but he knew of no
general rule of exclusion to be applied The pros
ecution were not bound by any admissions of the
defence; they had right to prove their case, and
if, in doing it, any improper testimony should be
offered, it could then be ruled out.
The witnesses were then called.
Lyman F. Rogers Resides in Barre. on the
old road from B. to Petersham about one hun-
dred rods west of the Nlassasoit House. on tbe
left hand or west side, in large two story house
fronting s, 3. was at home on the 29th and
5oth August, 1903. My mother, brother, and sis
L
that night, not far from ten O'Clock, fastening
first, the front doors and closing the windows. I
rose about half-past five in the morning After
making the fires and milking, went to the barn.
While there, Mrs. Rogers called, and asked if |
had been in the sitting room. answered had
not. then went in and found some cake on the
hoor, the two cupboard doors both open, and the
plated cake dish in which the cake had been, and
some spoons, were taken away. 1 then went to
room used for an office, and found, the Secre.
a nT0pra rbod
scattered about There was a small lamp stand
ing on the secretary and bits of burnt matches =
| did not leave the lamp there the night before
plcSed up the matches, and gave them to Mr..
bryant VINO was acting as prosecuting attorney.
| The window next the desk was two. thirds of the
| way open, and the spring broken The grass was
! trodden down under the window, as if several
| persons had stood around some time |
then, at little past 6, went down town to Mr..
Baooltts to inquire for Robinson. Mr. B. was
! Deputy Sheriff. Mr.. B. came to the door. He
SAID Robinson was not there he had been gone
| niteen or twenty minutes. l then went on to tell
| him aboutsome trouble he and three other men
had had at the Massasoit House. Rabbit said
II could not be !" Jack, for he staid with him all
night. He said he had been away the day be-
fore, and returned about o'clock On his way
home he met Jack and three other men between
his house and the next one. Jack said the other
three were some young men that would like to
| get work, and wished to know if they could not
get chance a. rraesi+Ae5 hoes at one oil the mills
under the hill. Jack thea asked how much he
owed him, (B) He told him if he would step to
tne mouse, ne would tellhim. They all then went
to the house, and went in together After they
were in, he and Jack went into another room.
boon, ne told Jack he was going back to the sit
ting room, as he did not wish to leave those fel.
lows there alone. They returned to the room.
ana shortly after, Robinson and the Others left.
lhat was the last he saw of them till about o.
clock, when, as he was fastening his doors. some
one raped on the window the back side of the
mousse Robinson answered sit is me-" He
op ened the door, and Robinson said that he and
agentleman with him would like to stay all
night. lie asked why they did not stay at The
'Massasoit: II. said they had got into row
about some money, and he did not like to STAY
there. He told them to go to the other house,
They then started down the road. About thi,
| time, he heard a noise as if some one came int
the front door and wentup stairs. He then fast
ened the front door and retired for the night
1he next morning he heardaa rap at the from
door He opened it and found one OF the mer
who was there the day before He inquired foI
lack, ZACH ne went up stairs and told Jack gen
tleman wished to see him. When Jack came
down, the man said to him, this is rather late
you and were to be in Gardner before this time /,
they both went off, together, down the road on
loot. That is not the road to Gardner
then told Babbitt what had happened at nv
house, and he and went up to Mr.. Brvant's of
nee IN the collonade. Rabbit met J. W. Rice nv
the coltonade. After Babbitt and Rice had talk
ed together short time, they beckoned to me
ana babbtt told me Mr.. Rice's store had beer
broken open. We proceeded to where we coulC
see the window open on the back of the store
When we got there Babbitt found the article,
taken from my house, secreted in the weeds
about ten feet behind the store. The value O
the articles taken, is about S25.
AFTERNOON.
rogers COMMUNICATION Monday, the 29th,
received about Sl,lO0 from Ware Bank. re
turned with it about p NJ L had about g40(
Of It during the night The money was in The
room where slept, up stairs. | had heard OF
the trouble at the Massasoit House before saw
Rabbit. had known Robinson about two wears
he had lived with Babbtt, and understood he
worked for him. -
Cross Era0lfnod.-I had no personal acouain-
tance with Robinson. have lived in INV honse
since l04l. never knew Babbitt to be in the
house. made payments that night-irst at
Grover Spooner's, in his sitting-room. / saw Mr..
Davis that night and paid him some money
These were before l went home. Afterwards. l
| made payment to John Saunders, at his Bake
Rouse, and another at the Union Store, to Elisha
| nye. IheTe were one or two persons present and
| there might have been more. / made another
| payment to Hiram Wadsworth, at his store, one
to Amory Newton, at DIR. Shattucks Apothecary
shop, and one to Rice, in the bar-room, at the
Massasoit House. | saw none Of those charged
Win the burglary at any Of these places had
enough py itself opay each man at the several
umss' carried the principal sum in nv pocket
oook IN my coat pocket. The money paidiout
was IN wallet in my pant pocket. | took the
Pochet pook out in the sitting room, at the Mas
thouse do not recollect taking II out at
Il was at the Unionaotore opposite the Massa-
House. wa "A 4,