Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1856-02-29
LOCAL NEWS.
TRIAL FOR BURGLARY.
Court of Common Pleas for Criminal
Cases.~-Jauuury Term.
JUDGE MORRIS PRESIDING.

For the Commonwealth, District Attorney
John H. Matthews, Esq, and George F Very.
For the defence, Charles Allen and Hartley
Williams.
NINTH DAY.
HeIlaS c. Atte9.-My house is north of Barre
Village, next to Osgood's where Robinson and
Pond were arrested. know Jasper Robinson
He worked for Babbitt, having in SO. l assisted
to bring him to Worcester, after he was arrested.
l saw him pass my house on Monday afternoon,
Aug. 18th, about O'Clock, with Osgnod in his
buggy wagon. 1t might have aeen past 4.
Spencer Ffeld.-I know Edward Richardson
He was at Barre in 1853 Woods Field & Co.
had demand against him. We settled with him
on the 18th of Aug, and sued him the same day
l placed the writ in Rabbits hands, and directed
him to serve it that day, before Richardson should
get home, if he could.
Edtoin Woods, recalled.-I heard Ponds testi-
mony on Rabbits examination. l took minutes
OF it. was present during the whole examine
ton.
Inquiry was here made relating to the testimo-
ny of Pond respecting his being married or un.
married man. Objections were made by the
counsel for government, and the court sustained
the objection. The court was requested to note
the objection. Some further conversation ensued,
when it was agreed that the whole of Ponds tes-
timony at the preliminary examination at Barre
should be put in, and the witness proceeded to
read his notes of it. 1t showed several discrep-
ancies as compared with his testimony at the pre-
sent occasion, one Of which was, that he testified
that he was married, and when he was married.
that he had wife and one child.
p. Z. Aldrich, Esq Was District Attorney in
1888, and resided in Barre. l made writ on the
18th of August in favor of Woods, Field & Co.,
against Richardson. While was making the
writ Mr.. Field went after Babbitt the officer, to
serve it. conducted the case against the bur-
glars, in the fall term, 1853. Pond testified that
on their way to Deathvile, they stopped at Bah
bits house, about seven O'clock and had an in
terview with him. He said Babbtt told him he
would watch the stage, and see if Lawrence got
his money. He had told us he would do it on the
first interview in the afternoon. After the former
trial, in an interview with Pond, stated to him
the improbability of his testimony in relation to
an interview with Babbitt of which he testified
L told him that the situation of the parties, as
he testifed,as compared with the locality describ-
ed, made 1t impro bable, if not impossible that it
should have occurred.
That testimony was entirely omitted by Pond
on the present trial.
Previous to the former trial had an interview
with Mr.. j. B. Wood, in which he said he did not
know anything relating TO the carpet bag that
was lost at Rabbits. l questioned him in rela-
ton to every part OF the case, in reference to u.s.
ing him as witness, and, in consequence of his
stating that he knew nothing of any importance,
he was not summoned as witness on that trial.
Cross Examined Nye testified on the former
trial that Babbitt had pistol He did not recol-
lect seeing him have any handouts at this cine.
jenkins testified, that, in the interview with Ba-
ker before they went to Rabbits house. he told
him there was such place at the house as was
spoken of.
Naham F. Bryant, Esq 1 was called upon
Tuesday morning at an early hour, by Mr. Swan
4. relation n Of
strangers at the Massasoit House. No discover
les had been made, at that time, OF any violation
of the law. When the morning was somewhat
advanced, word came to my office that Mr. Rog-
erss house had been entered. The articles had
not then been found. We had no blanks, and
could procure none. Mr.. Woods 1.-THE magistrate)
and L commenced writing the warrants when
word came that the articles had been discovered
1t was stated also, that two of the strangers were
gone from the Massasoit House. The first papers
that were made out we've given to Mr.. Sibley, to
go in pursuit Of the two that were gone, and Bah
bit was directed to take measures, to detain the
two at the Massasoit House, till the other papers
were ready.
Bryant, continued Babbitt fastened the COM
pJftQn OF the papers, and read for Mr.. Woods to
the papers, but no more than WAS 'necessatt1y.-
Rabbit urged us on, and 1 recollect his making
the expresslon-' Hurry up, hurry up" On Bah
pitts return at night, | proposed his going to
Athol, and suggested the reason. Rabbit agreed
to go, and recommended that watch should be
stationed around Osgoods house. He said Rob.
inson had proposed making that his home when
IN Barre. When Babbitt first came back, he told
me that there was fifth man who came with these
parties, and remained at Deathville From what
he could hear, he suspected twas old Southwick,
(Dr: Gardner,) and suggested the proprety of
having him arrested
The witness here detailed the incidents of the
evening, showing that Babbitt was prompt in act.
ing under the directions given him.
In pursuance of Rabbits directions watch
was set in the neighborhood of 0sgoods house.
directed Babbitt and Nye to proceed in pursuit.
Shortly after, 1 heard buggy crossing the COM
mon, and stopped it. 1t was Babbiit and George
A. Rogers. l spoke to Babbitt rather sharpiy
and asked why he had not gone, He said he had
heard that Jap's bag, which was at his house was
missing that his wife was very feeble, and he
had got Mr.. Rogers to go and stop with her while
he was gone. told B. to go as l had directed
and would see that some one was provided to
stay at his house. Babbitt assented to the ar
rangement, and went in pursuit
Witness here detailed the arrangements for
watching at various points, &c.
We had all taken our posts, when a chaise
drove rapidly rcross the common from the direc-
ton of MIR. Rabbits. | directed a man to take
a horse and follow it. Mr.. Babbitt and Mr. Nye
returned abont this time and stated briefly that
a carriage had passed by, probably containing
Pond and Robinson. l told Babbitt to take the
old Petersham road, and he might cut them off
where the roads intersect at Mr.. Aliens. l told
Rabbit to arrest them tonight, if he valued his
life straw. Rabbit said-"What do you mean?"
l answered." Those scoundrels have been to
your house twice tonight" After Babbitt had
been gone awhile, accounts came of the arrest.-
Atterward, that night Babbitt spoke of the fifth
one, at Deathville, and said he would ask Jan
about it. He did, and said that Jap said it was
DR.. Gardner. He proposed arresting him that
night, but on my suggestion it was delayed till
morning
l went with Baker and Others to Babbittis when
the search was made there. Baker told Babbitt
that there was suspicion of him, that he had no
papers with him, but would like the privilege of
examining lthe house. He did not tell him the
object oil the search. He at once assented, and
the search commenced. box Of matches was
found in the cellaTway. We then went to the back
part of the house, but no hole was found such as
Pond described. During this search Babbitt
came in, and Baker asked him if he had a pistol
He answered that he had one in his secretary
AT Bakers request, he went and brought IT, Ba.
ker asked him where he got it, Babbitt replied
In Nashua-or rather, | should say,of a Nashua
man in Worcester" Baker asked him when.-
lie said, in February or March preceding. -
He bought it Of book pedler, and paid him five
or SIX dollars, in boxes No such place was found
as that described by Pond, where he SAID the ps.
tol and watch were put CA plan OF the back
part OF the house was here Produced, and the
witness explained the search made by reference
toit( The next day, in Aldrch's Office. Baker
asked Rabbit If he saw Pond and told him TO
keep STILL Babbitt said, No. Baker said Pond
says you did. Babbitt said very emphatically
''it is lie" He added, saw him, and might
have said to the people, keep still. Baker asked
MN II ne was AFRAID of Pond. Babbitt said he
was. Baker said, il 1t had been me. If there had
been seven devils, / would have arrested hin, -