The New York herald., 1878-09-24
Progress Of the Defence in
Proving an Alibl.
TIME OF THE FATAL SHOT.
II Is Sworn TO as Being from Ten TO
Fifteen Minutes Before Nine.
WHERE THE PRISONER THEN WAS.
[pY TELEGRAPH TO THE nEEALp. !


BALLsros Sept. %, 1878.
very heavy frost throughout the country districts
in this vicinity last night made the morning air
chilly and that persons had Assem- bed in the
court when the opening hour arrived Tor tho
third week OF The celebrated Billings murder trial.
The judges and counsel entered the audience room
with overcoats and faces red from the sharp at
mospherc The prisoner was VISITED by several
friends in his cell yesterday with whom he
ronversed quite cheerily, although there is
upquestionabiy a profound nervousness pervading
his manner owing 10 the approach OF the
close OF the trial and the narrowing down of the
cays or hours that are to form sucn important
part la the shaping OF his destiny. To his acquaint-
ances Billings expressed an unmitgated faith in his
acquital before the close OF the week. He carefully
scans the newspapers and feels aculey any adverse
criticism by them. The indications that the evil
dsncc will close by Wednesday afternoon, and the
summing up will probably occupy two days, together
with the Judges charge TO the jury. Tho defence
have already sworn half of their witnesses and the
remainder, excepting two, have put imma-
terial evidence TO ofler.
AN ALIBI PROVED.
careful scrutiny OF the line defence Indicates
that they are converging their Efforts attempt
TO establish abi, for which purpose all attenti
seems to have been concentrated to fix the exact mo-
ment OF the shooting To-day they produced two
witnesses the stand who clearly informed the jury
Of the time. II seems that two young lumber men,
John Calkins and Henry W. Richardson, were in
room when Richardson asked Calkns the hour with
The intent of starting or regulating his clock. While
calkins watch open his hand and before he
sould reply the inquiry the report OF tho shot that
killed Mrs. Billings distinctly heard by bolh Tho
limo then given to Richardson, who set the
:lock, and instantly after the OF Jennie
Billings were heard rcsoundng across the river This
positively fixes tire time of the shooting, and settles
rat precisely fourteen minutes before nine O'Clock.
Two Witnesses verified this under oatn. On their
statements the OF tho present intent OF
the defence, who have already IT will be perceived,
given Billings place in field sailing his catte
a certain moment Now, If the Washburnes swear to
Billings presence at their house at the time II is
pected they will, this will make IL physical impos-
sby for him to have been at the scene oil the shoot
ing at the moment 1t occurred. The prosecution, 1t
will be remom pcred, faed 10 definitely Iscate the
accused anywhere and in this respect great ad-
vantage Will appear for the defence. But the develop
snenis OF the next few days render all conjecture
unreliable, because the prosecution hold ten wit.
nesses Tor rebutta ana seem TO be exceedingly we'll
versed in what the other side have TO offer
LADIES MEASLES.
An amusing sensation created court this
morning 1t ascertained that witness named
Bates no has attending court and awaiting his
turn on the stand, had been taken attack Of
the measles ana The news spread throughout The W.
lage so that the 100 seats usually by the fair
sex noticcably vacant. The costs OF the trial
will exceed $4,000 To the county and the prisoner
sDout equally divided TO say the least It Will be to
Mr. Billings a costly taking off oil the shrew that has
Tor fifteen years formed prominent character In that
strange household.
KILLINGS AT wAsHBURSx's.
The most importapt witness to-day was old squire
George Washburnc. When he approached the stand,
nv most reliable witness {" The gentleman princi-
pally referred hearing the shot, then going homo
Two minutes after nine. Billings, he adirms IN
Tho house tnen Tomorrow the remainder OF the
Washburnes will tell now long Mr. Billings had been
there then, and their evidence depend tae hopes
OF the prisoner. at least 10 a large extent.
TINE?
Dominick Dumas, French Canadian lumbermaD,
asserts that he Was winding dis clock when the shot
occurred, and it was exactly ten minutes before nine
O'Clock. Lansing Lockrow also aileG ed hat he neted
the time fifteen minutes before nine, and verified
important part OF tho defence by alleging that he
man running rapidly IRON the Billings house
after the shooting Nr. Lockrow was the nrst person
TO enter the house IN response 10 Jennie Bings'
screams for holp. ana his seeing tho fleeing man IN
less lorty seconds alter the shooting may carry
out an assumption which Mr. Lamoureaux uttered IN
his opening remarks A veriacsuon oi this will DO
intentlv looked Clarke r. Lockrow also testified
he heard Jennie times assert that she
man run across the road ana dodge behind a lumber
pile as she emerged from the front door and called
Tor help. Mrs. James A. Wilson corroborated tho
last named witness
The subjoined evidence will SHOW that tho spirit Of
levly yet largely INDUCED in between Mr Moak,
the ior the people, aud several OF the
witnesses 1ho material points relative TO the hour
will likewise be discovered -
! went from the Union store 10 Billings, got thore
quarter before nine O'Clock; looked at my watch
when left the Union store; II was twenty minutes
before nine O'clock betw thon and time OF tho
shot from Eve to eight minutes; at the instant
OF the shot was trading with sherman
Cross examin sd--Did not positively charge my
mind with any especial observation OF the lapse OF
time tnat night; walked IRON Billings store TO tho
house; heard scrcams In half minute after the shot
O. DID you when this trIai began, tell Mr.. Mcintosh
that you and washburne compared watches the sun.
yater the murder and they varied hiteen minutes
A. No, SIR.
O. Did you tell Thomas washburno, at Fort Miller
Bridge that George Washburne and you compared
watcles the sunday alter the murder ana found n
difference of leen minutesY A. Yes, sir; could not
tell whose watch was fastest
aiscussion mere arose about the hour of the sunset
when II was ascertiDed that the New York timo had
been accepted n criterion, but there was an actual
difference of fifteen minutes.
Redirect-The statement that 1 made about the
difference between our watches was done to misead
sir. Ward, VINO, thought, was mcddiing with every
body's testimony; told him that there was dh-r-
Of fifteen minutes, bu, the truth was u was only
Question py the Court-wny did you toll him
falsely9 witness-Because II was none Of hts busi-
Mr.. MoAK-could you not just well have told him
the trutb2 a. No.
q Then you would-rsther le than tell the truthS
q What did you do 1t FORT A. Because knew ho
would come again.
q rneu you fond Of lying promiscuousiys "A.
When people are too lmpudcnt, yes
O. How DAD you come compare watches with
WashDurnef A. Cane tell
q What made you look at hrs watcha A. He was
winding his watch. "
q Did ne have peculiar way Of winding bis
watch2 A. No.
q What else did you dot A. Planted corn half
day, hood halt day, mended fences half n day,
picked iron halt day, and did all sorts OF wcrk IN
TACT.
O. You have taken quite interest In this casef
A. Yes.
q Who have you talked wth9 A. Everybody.
John Cakins testned--Am iumberman; was at Mr..
Richardson's ob the night OF the murder was about
starting to go home; looked at my watch the gem
tisman spoke TO bid mo good night; IT was fourteen
minutes before nBe O'Clock the instant OF MS asking
the question; heard screams Instantly alter the
pert; saw Mrs. Bihngs dead in the chair; regulated
my watch by the Schuyerville whistle; regulated IL
that week
Cross-examiucd-l was In the sitting room with
Mr.. Richardson aud family; did not notice his CLOCK;
he asked what time II was; that caused me 10 nave
my watch nd 10 be look ing at II at he oxact IN
stant whom the report OF the shot was heard.
The counsel here inquired TO the position oil Tho
noon. which IL was found appcarcu al a moon