Windham County Democrat. [volume] (Brattleboro, Vt.) 1836-1853, 1839-02-28

erts Irxaud VIM s SoutIworth.
~ uI-e'-rs i. II
1Nonotstate the time certain, but within three
or four years. the prisoner stated that the decens
ed should not live to enjoy my property, where
now live. AT the second time he told me, he put
such emphasis on 1t, | said to him YOU must re
member there is God in Heaven who rules all
these things; after made this remark, he said
1T was IN his power to prevent it, and he should
do it. On the night of the ID of October last
was coming in from work and met him in the
orchard had some conversation in respect to pro-
perry, one word brought on another, and he an
peared very angry | started along to 90 towards
the house, he also started and went few stems
took up piece of chestnut rail about eight feet
long, stepped IN great fury an appe-tree struck
the tree, broke the rail and said, "vou bar mn
more trut JoreUer." stepped along, he then
SAID this woman, Philorman Bates wife, should
not live to enjoy that property. l got over the
renee, ne called out to me in great agitation,
now long will you idolize that yellow haired
brute of woman" | asked him if he thought
was SO old and childish that did not under
stand my own business he then said should
see more or greater amount oftrouble that night
than ever saw in my life before. then started
10 go towards the house, he went past me. when
gotinto Siy ftftt OF the house he stood al The
door talking to his mother in great agitation
walked backwards and forward, took his Mothers
hand, shook it and babe her a long and lastino
farewell When he started got much alarmed
and watched him, he Started from the door and
went hastily INTO the road, crossed the road and
got INTO the lot, seemed to run, appeared URGED
OH oy anger or tear, he went straight across to-
wards the place of his residence From that
time my son Philorman being busy in his con-
Germs, doing chores, | sought an opportunitv to
talk with HIM. He went into my room and into
the bedroom in the northeast corner of tho
house, the window is on the north side foot of
the bed towards the window ;-Phorman took
seat at the foot of the bed, l at his left hand
farthest off from the window; had lust closed
telling him what my fears were in respect to him
self and family, when there was the report Of a
gun at the north side of the house. west of Ms
We both sprang on feet and saw man RIM
ning; my son Phllorman being nearest the win
dow, he had the hrst sight of him; | saw the man
dter ne had chance TO move from the place
where the gun was fired about twenty feet, he
was within Sin ieet of an appe-tree the north
-s.de - lie hn1nS-L saw hi.n -.an Ill he
the fence by the road, he appeared to jump over
the fence ran down roud and skulked behind
the end of a wall under some butternut-trees, |
then started out and went to the fence determin-
ed to know who it was, as | reached the fence
heard the infant cry, turned, went in and saw
the woman on the floor and discovered that she
was shot, her husband trying to raise her up, ap-
peared to be unable, called for help, they got her
up and laid her on the bed.
Q.-How long did she live?
A short time, an hour, perhaps more.
Odd the prisoner at the time he was in the
orchard take up an apple
Ale did, bit it and threw it down
| omitted saying after he told me the woman
should not live, he stretched out his ARM and said
sob if | burst" His appearance struck me
sensbly that some of the family were in immi-
nent danger
Q.--Iiow many times had he made these
threats!
A-Twce
Q.-Had he been on intimate terms with the
family!
ALE had not been in the room where Phi
lormaIa lives for Two three years, but in mine.
Odd you know the man who ran past the
window!
A.-No. From my alarm and the motion of
the man was forcibly struck with the idea that
it was the prisoner at the bar.
Cross Examinations
Q.-When and where were the previous threats
made?
Al cannot state
Odd you relate at the examination what
you have now said, of prisoners language about
the yellowhaired brute, biting the apple and
breaking the rail
Al have since recollected some things that
i did not remember at the examination.
Odd you not say that you could not give
the exact language of the prisoner only the idea
Al did not pretend to give it word for word,
but the substance.
Q.-You say the prisoner was very much agi-
tated
A.-Yes.
Odd he appear to be out of his headl
A.-No.
Odd you not on examination say YOU did
not see the individual until he was in the shade of
tse4sl.
sad Under shade of apple-tree
O.-fow did you know the gun was fired near
the house :
Alt was my impression.
On what direction is Sylvanus Bates
house
A.-Near northerly.
Q.-In what direction did the man run!
An a north-easterly direction, not exactly
Q.-Where is the wall?
A.-On side of the house.
Q.-What distance is the apple-tree from the
house
Q.-Vhere is your door yard gate
A.-From West end of house gate is West of