The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-10-02
THE BILLINGS MURDER TRIAL.
Close Of the Testimony in
Behalf Of the Defence.
REBUTTAL TESTIMONY
An Important Witness for the
Prisoner COntpadicted.
[By TELEGRAPH TO THE HERALD

BY TELEGRAPH TO THE HERALD
BALLsroS, y. ". Oct. l. 1878.
Another important epoch was reacned in the Bin
ngs murder trial IN day, when the defence need
that hey were prepared to their The state
mcut received with delight py the jurors, who
ale all farmers, habtuated outdoor exercise, and
.eo severely the prolonged confinement IN
court. The rcbutting evidence at once
opened Jones ono OF the witnesses for tho Defence
swora that from boat in which he was tac river
lie saw Billings drive down out OF the lane and IN
trent of Washburnc's house ON tho night OF the
der, and further saw him hitch his horse before tho
report OF the gun was heard. II pre-
dict~d that Jones would be contraiicted to-
day. James Burton appeared the stano, ana
testified that they did not so out In tho
boa, tho day OF tho murder but did do so three
weeks previous. Other prisons will be called
corroborate tho evidence of Burton This revelation
created sensation in court, and must. TO
extent, hurt tho cause OF the prisoner. When Dr.
Bontecou from Troy, appeared In the CHAIR, Mr. Moak
began cross-oxamining him about his expert
cncc with bullet wounds In tho army. One
OF Dir Monks questions brought tho counsel for the
defence TO their feet when General Hughes offered
objection, claiming that the prosecution en-
deavoring to establish the fact that portion OF the
bullet found IN Mrs Billings head became detached
from the ma,u part tho lime OF tho impact, when
y
important point Tor against the accused Tho lead
found IN Mrs. Billings head only weighed
los grains but to 1T tho so-callcd Bill
gun and shell It should have weighed
go grams Experts could offer no proof OF bullet
ever losing nity grains IN PERSONS brain. There IS
Colts cartridge bal that wei abs los grains
o three than the taken from Mrs BILLINGS
head and TO THIS class two experts assigned it, On
TINS TACT there hinged material Issue tor tho respec
i've SIDES; nence lengthy DEBATE ensued between
counsel Judge Iandcn finally ruled out tho attempt
TO aunt such possibility as material evidence.
TESTIMONY.
Daniel W. Deyo tenihcd:- IL ives present whom tho
gun was placed IN tho well ncAr tho red gate, to
what OBJECT the water would have on II; shortly alter
bepg IRON the we'll It became quite rusty.
REBUrrAL EVIDENCE
Edward Cochraue was tho nrst witness to offer re-
butai evidence. Ho was recalled. having been pre-
vlousiy sworn Mr.. Cschrans clerk OF the Cor
onsrs jury that inquired into Mrs Billinss' DEATH He
WAS d,rsciea 10 Il nj Tho evidence OF George WASH
read from the Testimony OF Isaac Washburne before
tho Coroners jury Father took on, his watch, SAID
1t was two minutes after nine; can't say he wound
| his watch; Billings said, That's bad, that's bad;'
he asked II the Justice had said how badly she
har, told him NO; he thon said That's awful. that's
| awful"
| objected TO- objection ovorruled,
James Whaleu testined:-l 1.-Two at Beacon Hill !;
| know George Jones remember con vorsation with
him Beacon Hill soon alter the murder, In which
Ing until the day aftor occurred he told me he was
up 10 the back yard when no heard theEnot paid
| NO attention 10 tho report OF tho gun when Mrs.
Billings was killed.
James Matthew's testified IL was hoeing corn with
Jones soon after the murder; no said to me once,
wnen my house, that ''somelimes he thought
Billings innocent and At other times as guilty as
hell"
George W. Jones recaled:-Dld not toll Mr.
Matthews soon after the murder that ~ sometimes
thought Mr.. Billings guilty nell and sometimes
| Matthews was recalled :-Joaes dd tell me that he
''somesmcs thought Billings Innocent and sometimes
gully as hell;" when we were hoelns at Biiilngs'
Jones told mo that while no was nsniug he saw a
horse IN trout OF Washburns's but did not know
| whether not II was Billings morse and wagon
i Yu II a1id do vnn hnk of
Jesse 2" Ho said, "woll, Jim, don't know what to
think; somstimss think him as guilty Ms hell, a.
| other times th,nk MIN innocent"
| Dennis Mccarthy, Frederick Lcggett and Nelson
Morsy wero also sworn but no material evidence was
| elected.
| rIxK OF THE SHOOTING.
| James Burton sworn RESIDE ~ Northumberland |;
there heard screams at Billings house: went
fcw minutes aftcrward then looked NJ the clock and
nOveu nas w. n'eou nI.nu.es oo'o1o nIne o.o0~
| Ihtnk reached homo about eight minutes alter l
heard the scrcamA
Tnis was testimony that the prosecution had not
expected aud caused an obecsion from counsel 10 ITS
| being admitted as leading testimony 70 bear on the
| The Court accepted IT,
Burton further testified that he Was IN Fumes
| store about three weeks prior 10 the murder, and
that Jones came there and got boat key and OF
oars Ia the that he described having oc-
| cured on the DAY that Mrs. Billings was murdered.
/ BILLINGS At HOME.
| Rosnnna Payne, u dressmakar, detailed ner OK
perenco in the Biings household whilo working Tor
| she family. She declared that Billings always
| pleasant affable and humorous with rs family and
took her meals Ia thc house periods OF
three days; thought Mr. billings greatest joker
ana ono OF the most humorous she ever
| Q. Dii he joke with you more tbau his wifcf A.
| Certainly not; he also joked with Jennie.
Clarence Coou former clerk ia the Billings sters,
declared oath that he boarded III tho Billings
family and that ne never heard Mr. Billings address
an unkind word to any one; he MIN angry ;
Mrs.. Billings came 10 the store and took whatevcr
sne wanted; never nsr leave tho table IRON any
remark he made to her; knew him 70 take her 10 lee
lures; Billings gave and hor mother horses
| named Jimmy ana Mustang
The two last witnesses called BY tho defence,
| and closed the direct evidence for that side.
D. I. Elmer. editor OF the village paper at Schuy er
to the newspaper Office Tor publication that
Billings
dcncc Mr. Moak offered authoritative quotations TO
permitted 10 remain on the records.
Edward s. Mcintyre. New York drummer, affirmed
that no lived In New YORK CITY; was NJ Nor,numDer-
land last summer; know James Nichols Ia larmcr,
witness Tor he dcfcncc1 Nichols told mo that he had
compared watches with george washburne and found
q dineronce OF fifteen minutes
This rs a strong point for the rebutta evidence
Edwin H. Towne testified that tho dsv after the
murder George W ashburne remarked that he '.wouid
not permit the enemies OF Jesse Billings 10 tho
Corsner's Jury, but would take a hand himself"
The evidence will close tomorrow, ana Judge Lam
don stated that tho would DO given the jury
Friday.