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

the highway, or to his horse being hltched
there; when Arst saw John Gilman, jr.,
to know who he was, he was some five or
six rods from the bar-way l knew there
were men coming from the cornfield, when
l told VIM to take the old man down the
road / saw two men further than four
or five rods, but when / saw him to know
him he was four or five rods from the
bars think John Gilman, jr., was three
rods from the bars when Frederick
got over into tho lot; Gilman was walk
ing toward the bar-way at that time; l
don't know as John Gilman, IT,, had stop
ped until Fred got over saw no motion
on his part which indicated that he was
not coming right out; he had offered no
insult to Frederick, Horace or me before
Fred got over into the field at this time
Balch was 30 or 40 rods away, going off
in different direction; 1 had not seen
VIM and old Mr.. Gilman after they
passed me, until saw them close to my
heels; after Freddie got over the fence he
proceeded westerly toward the bar-way /;
John Gilman Jr., was coming down to-
ward the bar-way; when Fred got to the
bar-way he turned west toward where
Johnny was coming down; Immediately
after Fred and Johnny met, Fred asked
him to leave the meadow, Johnny said he
would go when he got ready; he contin-
ued going, he didn't stop Fred stopped
and turned around, John kept going and
didn't stop until he approached Horace
] believe Fred started for the cornfeld, |
Judged this from the course he took {; he
had not passed far by John Gilman, Jr.,
when he turned around and spoke to him;
at that time Horace was not far from the
bars in the field: he got into the field just
before Freddie and Gilman passed each
other; about at that moment Horace and
Gilman met; Horace got over the fence
in nearly the same place Freddie did +;
Horace did not get SO far from the bars as
Freddie did Freddie did not march
right straight for John Gilman, Jr..
when Horace got over John Gill
man was nearer to the bars than when
Freddie did !; Horace didn't march right
along toward john he marched toward
the bars; Johnny Gilman, Jr., was march
ing right along to the bars he had offered
no insult to Horace, nor said anything
that had heard before they met Johnny
might have summed Horace, as ten acre
lot is big enough for two men to pass in
as they met, Johnny threw his arm around
Horace and seized hold Of the gun, neither
of them had spoke that | had heard Hor-
ace held his gun balanced in his hand
when Johnny Gilman, Jr., seized it; he
had not drawn up his gun and pointed it
at him, and told him to leave the field
before he seized the gun; after Freddie
came back and told Johnny if he did not
let his brother alone he would fork him,
he did not get hold of the gun second
time when Winn fired Johnny had hold
of the gun with both hands; Winn was
standing in the road right by the bar
way when he fired; at this time | had
got off my. horse and was over in the field
west of the bar-way when VIM fired;
got off my horse and had just got over
INTO the field when.;he firing commenced
Winn did not fire an..wound Horace in the
leg before Johnny Gilman seized the gun
at the time VIM fired at Horace, and
wounded him in the legs it is not true
that Horace raised his gun and pointed
it at Winn; it is not true that Horace
raised his gun to fire at VIM, and there
upon John Gilman, Jr., seized the barrel
of the gum johnny Gilman had hold OF
the gun with both hands when VIM shot
at him Johnny and Horace stood pretty
close together, and | noticed that Johnny
was careful to get the muzzle by his head
the muzzle was to the left of Johnny
Johnny's back was toward the road, and
Horace was very nigh facing the road
Johnny was passing toward the bars,
when Horace met him; when Johnny
clinched Horace he turned him around
toward the left; Quarter was about two
4 { L -.
that distance from Horace and Johnny
immediately after VIM fired, QUARTER
fired | think John had hold of the gun
when Quarter fired; | don't know as
Johnny and Horace were a foot apart when
these shots were fired | was not over ten
feet from Johnny Gilman when lie wa,
shot and fell; | saw Wiun when he drew
his pistol up, and saw that he aimed low
| saw Horace finch, and Slw afterward
blood on Horace's leg | did not see the
blood until the firing was all over
the firing did not last over ID seconds
at the time Horace shot John Gilman, Jr.
he was making for his pistol; his hand was
mt his outside coat pocket, | do not say his
pistol was in that pocket; did not see his
pistol; he raised the hand on the left side, he
had both hands at that pocket when he was
shot; | did not see a pocket; | supposed his
pistol was there; after be got separated he
struck his hand 10 his left side; and was
shot in that position; | didn't see no pistol
nor pocket then and | saiL he was making
for his pistol because | knew that he
carried one or used 10 carry one; l had not
seen Young Gilman have pistol up TO the
time he was shot and he had made no as
saut on Horace except what | have told
you: did not hear Horace o. Johnny Gilman
say anything to each other; all | heard was
johnny said when he clinched him he said
now old fellow you have got to take II;
Horace did not say word; | think John
Gilman Jr, WAS excited when he clinchcd
him; think so from the fact he travelled
faster than man naturally would; and his
clinchng Horace; lie was going right
toward the bars; | want you to understand
me that johnny passed b. the muZZle of
the gun and throwed his arm around Hor-
ace and seized the gun; he was SO much
stronger that he might throw him 10 the
ground; he was strong enough 10 have
wrenChed the gun from Horace i'll an in
stant if he had undertaken it in gooi earn
est; after Johnny Gilman was shot went
northerly until got out Of the meadow; |
did not change my position during the
firing; Horace laid his gun down after he
shot Johnny; | SAW old Mr. Gilman dodge
twice and jumped once | suppose that was
the road until after the firing was done; he
was not trying to leave the road when he
was hit; was not amused at ii | was ar
rested after this atfrav; it could not be lie
fore; Mr. Sanderson, Brad Aldrich and half
of Shrewsbury came over and arrested me
Horace was arrested before was; he was
arrested right on the ground; Vim and
Quarter was arrested the same night;
think | called at the scene of the affray
after | was arrested; can't tell who | saw
then, there was so many there; | don't re
member who | showed the spot; presume
said Horace shot Gilman standing here
and think | went through the motions oil
Gilman when he fell; | don't know as
represented that Horace shot Gilman in
4 self defence, and that he was getting his
pistol; think that told the people there
that Vim shot at Hornce and wounded him
before Horace fired; cant tell who repre-
scented this TO, rode up there with Brad b
Aldrich the Constable, | believe; | don
know as represented on that occasion tina
| said fer God sake don't shoot boys; saw
/ Mr. SauderSnu the niuht after Tho tirht