Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1869-03-25

thing about it there was good deal of
oxo;tament. and in the course OF the con-
versation all talked; presume questions
wore asked; think there was; don't
recollect as asked him question George
pIumley asked him to tell the story and
he toli it; he said that Fred went up a
little ahead, and got over the wall and
Horace followed him; he went up to-
Young Gilman and asked him what he
was in the field for and he said he had a
right to be there; they had some words
and Fred ordered him out of the field
then VIM drew out his revolver, and
shot Horace in the leg; Horace drawed
up his gun to shoot VIM, and John seiz-
ed the gun and tried to wrench it out of
his hand; they had considerable of a scuffie
over the gun, and John went to draw out
his revolver, and Horace shot him dead
he said there was firing on both sides; he
said that after the firing, he, Horace and
Ziba started toward the cornfeld, and
run little ways, and then turned off and
went to George Plumleys; this story
being entirely different from what | had
previously heard, made remember;
had heard Winn, Mrs. VIM and John
Gilman, ST., tell the story; | got some
account from Quarter when he went up
I and showed me the body; all accounts
were different | told Squiers it was "a
different story; | think George Plumley
was not present when | said to the boy
that it was a different stocy from what |
had heard George Sawyer and George
| Plumley went away soon after the story
was told he said Fred. asked him what
he WAS there for, and he said he had
right, and then Fred. ordered him out );
then Winn fired upon Horace, and wound
I ed him in the Leg then Horace drew up
his gun to shoot Winn, and Johnny Gill
man seized the gun, and then they had a
tussle, and John let 90 the gun. and went
to draw his revolver and Horace shot
him he did not state that there was "A
+ tusslc before VIM fired; ! had no recol-
lection of any one asking him any
question if he had stated any
thing important more, | should have
been likely to remember after his, state
ment it was talked over, and all of us
talked it over; George Plumley and
George Sawyer did not discuss it, as they
left at once; Squiers said Allen Sander
son took him over TO Balchs and he told
the story to Judge Fisher, and Fisher said
if he told that story he did not want him
for a witness on the stand ! started from
there 10 20 home about five o'clock; |
don't recollect whether Squiers wcntaway
before | did; | testified before the magis-
trate !; | am friendly with the respond
ent- went to the Jail during the exam
nation; don't know where the
Squiers boy was at time of the exam
nation / have no recollection of saying
anything about the Squiers boy being IA
witness; | did not tell Ziba what the
Squiers boy would testify to, as | sup
posed Iiba knew better than | knew, as
he was there at the fight with him Ziba
Plumley testified before the magistrate ;
| think Horace Plumley and Frederick
testified. but am not sure; | talked with
Pierce and George Plumley about this
conversation shortly after ii took place
| have talked about it good deal;
don't know rs | have taken any
special interest III the matter; |
haze talked with the witnesses
about the case. | have always told any
body all | knew about the case who has
asked me; ! supposed the respondents
knew rs much of what the Squiers boy
knew as well as me; | supposed the
Squiers boys character was 80 bad they
+ did not dare to tell him | think | did
not hear witness testify III behalf of the
State at the examination; | had heard
Ninn and Napoleon Quarter state what
they knew of the affray
Gins, n Jogre, being sworn, testified ::
| was engaged for the defence in this ease
upon the examination before the commit
ting magistrate; Mr.. Edgerton was en-
gagged with me for the defence; after the
prosecution rested, Mr.. EigertOn and my
self held 4 consultation and decided that
We would put in no defence at that time
except in the case Of Butterfly, and We
put on witnesses and asked them solely in
regard 10 the conduct aud whereabouts OF
Butterfly on the occasion of the death of
John Gilmau ir.: Mary Plumlev, Xiba
Plnmley, ;rnd Horace Plumley were
called and testified on that point, and
nothing cle; the printed minute, OF
what these witnesses testified are correct
to the lo-tof my recollection the minutes
show that they testified on that subject
aua ~ other
lIol're .Er,,r" uA- called, but was not
pr sent
R2sssH B. P,4, testified | commenced
work for Israel II Balch Il year a9o last
July; Mr. Balch said to me one morning,
MIR. Page. | want YOU to 20 over to Plum
ley and yet my horses they have got
them shut up" / went over, and Israel
Baleh went with me: Mr. Balch said he
would learn the id rlumlcys to let his
horses lone, or olsc he would put bullet
through them; lac did not show reyol-
yer 81 hat time | went up there second
time after The horses lie >macked his
fists together, and said ii his gun wouldn't
answer, hr would use pistol if they
didn't lot his horses alone; he showed me
pistol, and said little johnny Gilman
bought 1t and gave it to him htye heard
Btlrh make threat. often; he said he
would put "a blue pill through him. he
was ugly when he made these threats
GroSx GEaUtinttlpH l have no special
regard for Mr. Balch since became,
acquainted with him, a year ago last July
had no trouble with hiu he used me
meanly; don't take this opportunity to
pay him back: have lived in Balch's
house; have not seen Iiba Plumlcv but
once since he has been in Jail | went to
jail once to sec Il boy there | have not
told Plumlcy what knew Of this case; |
have told it to others
The court then took recess until 8
O'clock on Monday morning.
NohdaB, 4Ho1th 22d, lS69.-The court
convened at $50. and the defence called
Henry Lord, who, being sworn, testified
reside in Shrewsbury | am acquainted
with Abraham Winn have had CONVEX
sation with him in regard to this ARRAY
last August; | said something to him
about his shooting at Horace Plumley
he said he shot at Horace two or three
times, with the intention of killing him
think he said he had had some words
with Horace Plumley; this conversation
was the same night after the affrav
There was no cross-examination of this
witness
Napoieon 81 Peters being sworn, testi-
fed reside in Rutland now; lived in