Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1856-02-26
LOCAL NEWS.
TRIAL FOR BURGLARY.
Court of Common Pleas for Criminal
Cases.--January Term.
JUDGE MORRIS PRESIDING.
Commonwealth rs. Pli,lu y Rnbbi,

| tue commonwealth, District Attorney
gohn II. Matthews, ESQ.,. and George F. Very.
For For. the defence, Charles Allen and Hartley
| Williams.
SIXTH DAY.
| MONDAY, February 25th.
A6yah NJ Wood. was at Jenkins & Gorham's
store, when Pond escaped, and went in pursuit.
passed up the lane and went up as far as Moores
| pasture, thence returned, and first saw Bahbitt
IN the moving near the walnut tree, six or eight
rods from me, coming towards me. was near
| est the trout pond. l passed along, and soon
heard Holden say. "here he is went up and took
hold OF him. Holden was one side of the wall
and was the other, close to it. 1t was but
| short time after saw Babbitt, before Pond was
found. 1t might be ten minutes. 1t was but
| snort time We started to lead him toward town.
and Babbltt came up and took hold of his shout
| dor, and then left. There were twenty persons
and there might be forty within call-they were
| all around the lot.
Cross Examined. did not see Babbtt assist
| in taking Pond over the wall. Seth Holden and
| John W Rice had hold of him.
| WtHaGm L. Fe5Senden. carried Robinson and
| Pond to Gardner, the day after the burglary waa
committed. l came across them on the road from
| barre to Hubbardston, about two and one half
| miles from Barre. They were on foot. 1 had
| wagon with some bags of oats. They wanted to
| ride to Hubbardston. When there, they said they
| would keep on to Gardner. l left them in front
| OF the Hotel at Gardner. Pond paid me one
! dollar bill. He asked for twenty-five cts change
| Going home, met Babbitt about two miles from
| Barre, and told him. l gave the bill they paid
me to Rabbit. 1t was not far from noon when I
met Babbitt. l cannot tell what time started.
| 1t might be from seven to eight.
Cross Eranained-Babbitt told me to mark
the bill so that l should know it and could iden.
tify it in Court. He said it was counterfeit, and
they had passed another counterfeit bill in Barre
1 have since seen the bill and sworn to it in
Court. Pond and Robinson asked what time the
up train went told that to Babbitt They
| said they were going to Springfield horse show
They said they were going to two or three other
| places, but do not recollect where. Capt. Nye
was with Mr.. Babbitt when met him.
JPakiiGm Smith, Assistant Clerk of the Court
| Has had the baggage OF the burglars, and the
weapons in his keeping since the former trial.
| Curtis Neaoton Deputy Sheriff Il examined
the ell part OF Bab6itts house at the time of the
| trial here in Oct. '53. The plank partition be-
| tween the kitchen and Darkroom projected foot
| higher than the ceiling of the kitchen, and it was
| open from the back.room, under the roof. over
the kitchen. The cavity about the chimney ever
| the oven was about three feet distant from the
partition. The partition was as much as feet
| high
Cross Examined Il have lost the memoran.
| dunn OF the measurements l made l do not
know what became of it. 1 got upon chair aud
| then upon table, and l could not, then, reach
! the hole about the chimney.
| The Attorney for the government here inform
ed that this was their case with the exception of
Haverhill, but who had not yet arrived The OBJ
ject sought by the introduction of these witnesses
being explained, the Court said it was not of such
character as required delay, and decided that
the defence should proceed.
THE DEFENCE.
Hartley Williams, Esq, then opened the case
on the part of the defendant. That Rabbit has
been once convicted on this charge, in connection
with the principals, stated by the govern
ments counsel, is admitted But, it should be
known to the jury, ALSO that on that trial. testi-
mony important to Rabbits defence was exclud-
ed by the Court. Exceptions were taken to the
ruling, and carried before the Supreme Court,
which Court decided that the testimony ought to
have been admitted, and ordered new trial.
He then proceededto narrate the grounds of de-
fence, and the manner in which the various sus-
picious circumstances would be satisfactorily ex-
| piained. He then called the witnesses.
Elisha Nye.-(spokeu of by former witnesses
| as Capt Nye III have been a Waterman in Bos-
ton. was in Barre in 1858, and resided there
10 years. went with Babbitt IN pursuit of Rob
6nrsgy0 %Rd ds and Gardqsr OF ana
Smith at the Hotel They were then getting out
papers for their arrest, Jason Gorham, President
of the Thief Detecting Society, came to me and
|
Others Babbitt said had better get a pistol and
go armed he had got one. 1 then inquired of
! Horatio Rice who had one. He answered, At
well Rogers, Geo. Al had one, and requested
him TO get it. He came back in a few minutes
| and said he could not get one. l applied to Mr.
| Smith, at the Naquag House, but he said he was
| going to use his, and then gave it up. We had
| been waiting for the papers. AS soon as we got
them, Babbitt said, g We will drive by my house,
so as to get my pistol and handouts" MIR Bah.
nj in and Nuho han H. ffT
| do not know as mine will go, have not used it
since the Dane scrape." He held it up and dis
charged one barrel, and said, Z" guess it will go
| well enough" l took the pistol and put it in
my pocket 1t was six barrel pistol, like the
| one shown me. We then started on, and went
as far as Commits mills, but could not hear any
| thing of them. We then came back, and went
| to Capt Caldwell's farm, where we learned that
! two men had been seen on the road toward Cold
| brook. We went to Coldbrook and inquired for
them, without hearing anything
The witness here gave an extended and detail
ed account of their attempts TO get upon their
track, on various roads, twice getting information
of them, and again losing track of them, in the
course of which, Mr. Babbitt dispatched note
by two men who were going to Hubbardston, to
Appleton Clark, Deputy Sheriff at that place. in
forming him what had happened, and asking him
to arrest the men if they should appear therea-
| bouts.
| 1t had now got to be noon, and our horse need
| ed feed so we turned back to Barre On our way
| we met VIM. Merrill, who said, you are too late
lhey have gone IN pursuit and are at Gardner be-
fore this time. We turned about, when he said
| you need not go, they will get them. Babbitt de-
termlned we would go on at any rate. We then
| proceeded onward, to near where we gave the
| note to the two men where we met a bow iFessen
| den) in wagon, who said he had been TO Gard
| ner, and carried Pond and Robinson. He said
| they paid him one dollar. We asked to see the
| bill, when Babbtt pronounced it counterfeit and
| requested him to mark it so he could identify IL
| He marked it and Babbitt took the bill Theboy
said he left Pond and Robinson standing in frort
| OF the Tavern, or Depot, am not certain which.
| The boy said they were going north toward Yer
| mont or into Vermont am not certain which -
| We then concluded to go direct to Barre, and to
take fresh horse to Athol, SO as to be there be-
| fore the afternoon train arrived While they were
getting our dinner, Babbitt suggested, to BRYANT
and others, the prOpriety of setting watch I'M
| about Osgood's. This was arranged, and we cot
our dinner and started for Athol About a mile
| on our way we passed man gong to Phips-
ton. Babbitt gave him directions, il he saw or
heard oil any such men, TO let them know Fur
ther on we saw Jason HAYES, and Babbitt an
/ pointed him to keep watch on that road ond
communicate any information he might cot W.
| then went on to Athol, changing horses n, De-.
tersham. The had passed, a few rn;nn,es
before we reached the depot at Athol The de.
| pot master said that James W. jenkins. of Re-
| re, was in the cars, and we supposed he miobt
have got track OF them. A freight train Sas
standing there, and Babbitt proposed that ono 80
us should 90 down on it TO Gardner and co. ~ :.