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

me ne was gong over to the Bates place tosce
scfne t'errfr5A ~ drsk siw nsa----~a .y..s ITou
direction OF Philorman Bates's with buckthori
bushes which he laid on the wood-pe. Ate
this he came in, went into the east-room. past GU
again while was at supper After supper wen
into the east-room and tarried there till Rollin q
Blackmer came in, ten minutes before that heard
some one in room, looked, saw that it was Archi
bald l.. Bates
Rollin BIackmer asked if Archibald L. Bates
was IN the house. | told him he was in the south
entry or up stairs. | went out at the east door
Archibald L. Bates was sitting back of the stove
between that and the fireplace. Backmer told
him Phllorman's wife was shot did not hear
the reply.
Q. Where did you find the gun
A. found the gun in the east room behind
the door.
q. Where did you find the ramrod
A. About rod from the hog-pen
~. Are these balls and patches suitable for
that rifle A. Yes.
q. Should you think that ball similar?
A. 1t appears to be about the same.
! ". What is the difference between the report
of gun and rihel
A A rifle makes sharper noise.
Q. Did you find another gun loaded in the
A fdid saw that Night the gan was
primed.
Q. Is there passage from the east room to
the kitchen!
A. Yes
Q. Did you before examination, say you look
ed over your shoulder and saw Archibald L..
Bates? A. | did
@. Is that a smooth or creased rifle
A. 1t is creased
Q. Is it different from other gunsl
A. I presume there are other rifles in the
neighborhcod that carry the same sized ball.
Q. Is this cloth such as is commonly used
for patches
A. Yes.
Q. Do you know of his using the gun the
Sunday before!
A. He and my son went hunting short
time before, and had this gun.
Thinks it was three-iourths of an hour from
the time Archibald l.. Bates left home to the time
of his return. Have myself travelled to Philor-
man Batess and back in half an hour.
! JOSHUA w. MUNROE, Sworn
Says he found powder-horn seventeen balls,
and ptitp, .tew-rloth on the
of October last-arrested him little past eight
O'Clock. | went that evening to Philorman
Bates's directly. Mr. B. F. DIN directed me to
S. Baes's and see if Archibald l.. Bates was there,
and bring him Immediately / went, found him
to Philorman's. lie asked who wanted him, |
told him B. f. DIN for one. He said he should
not go for B. f. O. told him he would He
asked if he should have to go into his brothers
room. | told him did not know After | GOT
him there | searched him and found these things
Before we got to the house he said he never
should 90 into Philormans room alive.
JOSHUA B. MATTESON, Sworn
Says Archibald l.. Bates has lived with him
| heard him one morning when looking out oil
my window say, "that he wished God in his mer-
cy would relieve Philorman of his burden"-
About three weeks before the death of Mrs Bates
He was in the habit of being out in evenings
half an hour | used to ask him where he had
been. He said in the orchard eating apples
We were once talking about Strang's shooting
Whipple, and he said he believed ball would 90
through a window and make no larger hole than
its own size. This he said to me several times
| told him | had heard that glass would cause a
ball to glance. He said it would not, he had tri.
ed it to his own satisfaction.
DR.. HORACE MAY, Sworn
Says on the evening of the I'd Of October, he
was called to Philorman Bates's. Mrs Bates was
on the bed, covered with blood. | removed a
cloth, found she was wounded with ball. above
the right eye. She lived about one hour and a
cover the skull found that it was wounded extern.
ally. On dissectng, found eaden ball in the
back part of the head, and bit of brain and
skull, The course of the ball was backward
and upward and downwards The portion of the
bone shown was lodged in the brain by the force
of the ball.
ELLIOTT BROWN, Sworn
Says on the morning of the Sd of October, ex
amined the head of Mrs Bates, found the bal
had passed through the brain obliquey, struck
the back part of the head above the left ear
turned downwards, apparently rolled down to the
lower part of the head; found piece of bone
in centre of the brain.
Witnesses on the part Of the Prisoner.
/ CLARK BATES, Sworn
was fourteen years old last September, | went
hunting with Archibald l.. Bates the Sunday
before the murder, and | think Archibald car,
ried the rifle and balls, now in court. Archibald
carried the ammunition for the gun in court.
B. F. OLIN, Sworn
Says the distance from Sylvanus to Philormau
Batess is about mile and a quarter by the
road. To cross in direct line from road al
Philorman's to Syvanus Bates is two hundred
rods Sylvanus's is about fifty rods West. 1t il
thirty-eight feet from the corner of Phorman,
house to the West door-yard fence, forty-fve fee
from the side of the house to the garden fence