The New York herald., 1878-09-25
PROBABLE ALIBI.
The Washburne Family Swear to Bill
lingS' Presence at Their House.
THE MYSTERY DEEPENING.
A Hatless Fugitive Seen Immediately
After the Shooting.
[BY TELEGRAPH TO THE HERALD.

By TELEGRAPH TO THE HERALD
BALLsroN. N. Y, Sept 81 1873
Proceedings at the County Court House to-day
havo been the most enlivonng and interesting OF any
that have marked the past twelve days OF the Billings
murder trial. The evidence OF a momentous na.
ture to both sides, and especially to the defence Tho
entire day absorbed in ecitIng the testimony Of
the Washburne family, whose presentation OF
facts or allegations Mr.. Billings has placed
great stress The for his SO doing
lie very evident, inasmucn as the defence have from
the outset directed all their proof toward fixing dis.
tinctly the moment that the shooting occurred and
after having dozen witnesses examined to deter
minc the precise tmo of the shooting they brought
out the connecting link TO the theory they been
endeavoring to establish. THIS found in the
Washburne family, at whose house Mr. Billings was in
the early part Of the evening Of the homicide The
prisoners counsel have auring the past four days
been gradually developing their testimony In order
that the timo when Mrs. Billings was shot might be
indubitably named. Following up that course they
have focused all their strength this point and
day have been endeavorng to harmonlzc the assump-
t,ons OF their witnesses with tho presence OF Mr..
Billings at the Wasnburnes' house. awf
EVIDENCE wAsHBUnNE FAMILY.
When these last named witnesses, four In number,
placed the stand the interest In the trial I'M
mediatcly augmented. The respective counsel OK
that both sidcs realized that important crisis in
the trial would be reached before tho days close
Tho testimony of tho Washburnes forms an impor.
tant epoch Ia the history Of tho the fnther,
mother and two grown children, male and female,
positively asserted that Mr.. Billings camo to their
house three four minutes before eight; others or
tho family testified that the shot was heard; that
he came in and aciod IN q perfectly natural manners
that he announced hts errand simply for bust
ness purposes that he jocose anagitatcd
mood; that ne converscd freely about commonplace
subjects and inquired about tho schooling experiences
oil the young man; that when told OF Mrs. Billings IN.
Jury without hearing OF death ieli into a semi
UNCONSCIOUS state mad TO be helped into wagon,
muttered, ''roo bad, too bad"
STRENGTH DEFENCE.
The prosecution failed 10 break the thread OF this
testimony, though Mr.. Moak made q positive on-
ness lsaac WasnDurne. To days developments will
strengthen the ground OF. the defence hopes
Of conclusively establishing aiibi unless dcluite
rebuttal evidence s offered on this point. The gon-
eral impression ID that conviction now seems lmprob
Interesting as an innovation IN the case and an In
strucuve chapter In tue history of murder cases
where circumstantiai evidence Is relied upon
stronghold OF the prosecution.
PROSECUTING
The District Attorney today asked Tor and obtained
ment Tor the person OF Hiram NJ. Harris
t9r OF the Glenn's Falls Republican, who published
some articles relative TO the before The trial
commenced. Mr.. Harris has been Informed that the
prosecution desire 10 know who the author of The
cics was aud who instgalea their appearance. Mr..
Harris is reluctant TO have The names oil his cor.
respondents revealed. lie IS prominent political
worker, is wealthy, and mis- appearance VIII create
protect tue secrecy OF his oficc Inc privileges
OF his correspondents.
TESTIMONY.
Tho defence have 5acured the attendance at Of
q number OF medical experts, who Will testify us TO
tho resistance offered bullet by a skull bone If the
PEELED ball fired from the Billings gun at the DIS.
tince from which tho shot Is stated to bave been fired
Chemical experts will also be produced who have
alyzcd the dihcolofalon iound the window near
which Mrs. Billings was sitting when killed. They
bah that caused her death AN army surgeon Wi,
testify 10 the elect OF balls on the SIX uil exhibit
several such 10 the jury. d.. BonIecae OF Troy, will
DO this
The examination OF witnesses will conclude on
Thursday and tbs defence will exhaust ,her witt
ncsses tomorrow Tho rebuttai Will probably last
until Thursday afternoon, and the summing up 10
pected 10 begin on Friday.
SQUIRE wAsnBuRSR CRoes.ExAMIHED.
The contipucd cross-examinstion Of the elder
Wasnburne, Old Squire George, marked tho opening
Biings coming from schuy orviie aicr four O'Clock
the day OF the murder; Billings was at my house
on the sunday previous 10 tho hom,cde no remained
there hour moro; did not TALK with him much.
q. Did you on the n of May Call the cditor Of
the Saratoga County Standard and give him FOR publ
cation article relative TO tho Curtis slander sutp
A. No, sir.
Q. Did you do anything to aid tho one sdo Or the
A. NO, sir; did 20 to Mr. Elmer and tell him that
undcrs,ood there was article that cmanatcd from
H.
MRS. wAsuBusSE's BxAxsArios.
Mrs. George Waspurne was the noxt witness Of I'm
portancc. She testified:
/ am tho wife OF George washburno; havo four
children; Two of them were Mt nome In June last;
my daughters name Is Phoebe, young lady; the son
at home Isaac; remember the circumstance of
the death OF Mrs. Billings: was at homo the night
1t occurred; Mr. wasnburne that evening
vent away from home, Isaac, Ph@oe ana
myself were at home; remenocr Mr. Billings
comipg In at our house the evening Of
the crime; In the dining room; 1 was nnish-
~ "A va al
doing also; Isaac opened the door; Mr. Eiilinss
there ne entered the room ana inquired Tor Tue Jus
ticc; told MIN tue Justice not IN; Mr. Blliings
wanteda sanimons Tor sornc one; said, Como in,
no Will be home IN lew minutes; he Is always
home at nno o'clock ~ said that mo Justice was
always hoav at nine O'Clock because ho always
wound his watch then; remarked that tho
the house and SAT down; he said that ho would go
down town and 500 him tntrc The rcs OF the CONVEX
sation with Isaac he and jacob talked about the
storm; Bilnngs told about his having AT tho
aud oxaninod the broken icEccs; ho SAID ho had
been IN his back lots sccnR TO MS stock aud fcEces
know MI Billings welii have known him ior
forty yecrs; when be came TO our house he
seemed perfectly n,,nral and convcrscd Ia an
ordinary manner, Without any uncommon domcanor;
before nc came into the house my attention was
called to the clock; my daughIor asked me II could
sec what time II was then, because sho was noar
sighted; II wac half-past egDt; shouid think II
ten minutes ancrwarG when Mr Billings entered
the house; my attention called to tho passage of
timo by tile progress was making with tho drcgs;
when Mr. WashOurns camo into tho house Mr.
Billings spoke to lat N and askod ior su,nnous ana
said he mad been waiting Tor hm; my husband did
not answer him; he told TO go down Mrs.
Billings, because Mrs. Billings had been nurt; Mr.
Billings asked, 'Whcn--how % my husband replied
that Mrs Billings had boen shot and killed; Mr.
Billings then rushed from tho house; my son Isaac
drove him down TO the house ia tho conveyance In
winch he had comc To see
CRoss-ExAMNATIoS.
noticed that Mr.. Billings asked for a summons; /
remember tnat AIR. Billings remarked about tno
squire always being bone NJ ine O'Clock to wind his
watch that TACT made Impression on my mind Ut
that time; carefully Boed how much sowing had
done; the time between whom looked at the clock
and when Billings came In wns matter OF judgment;
saw hiu az church at Bacon Hill wbcn he came into
church, he did not come in with Mrs Curtis !;
she cncrod perhaps Hvo minutes before he
did; they did noL occupy the same seat az
service she hall way up the aisle Billings
cupied his own Dew, Further front; hin Oh tho
way homo; Mis-. Curtis was in tue buggy with hin:
when MI. Billings was 0d that his wife was hurt
he Jumped up aud SAID, "Hurt how, when, where Y
my son aid not start out OF tie room with