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

9 ing the right of introducing in evil
!. the Psstslcons worn by John Gilman /.
: at the time of his death
81 TESTIMONY FOR THE Defence
4, @. H. Joyce, in behalf Of the def.r..
made an opening statement TO the ig-v
explaining the distinction between a Nj,
) full and iustifable homicide, and el4ii,s,
. that the facts in this case, when proved
3 would be found 10 bring the respond.
Horace Plumley, within the latter rue
That the respondents were on their owr
premises where they had a right TO be; t.a
the deceased, and those scting in concer,
! with him, were trespassers and sggressor.
that they came there armed and for bal
purpose; that John Gilman, jr, first a..
sailed Horace, and in doing what he did
Horace acted in self-defense; that But
terfy was not present that Ziba Plumley
attempted to prevent violence by the ~
mark, For God sake, don't shoot" aud
that Frederick was in no wise legally ia
plicated in the act Of killing.
Zsaac Holden sworn, and examined n
behalf of the defense, says: lived in
Shrewsbury, with George Plumley, on TIE
1t day of August last after the fl ll-
that day in the field, George Buti.ffr
came to me and borrowed NV pistol I
know Abraham Squiers; he once gave me
a relation Of the fight he gave IL u me
the next morning when We passed iy
where Gilman was killed be showed me
the spot VIII ere Gilman fell he said young
Gilman. was standing near the wall, and
that Horace was standing cut ia thu
field, and that he was standing out furthel
than Horace was: that Frederick was IT.
the field near whore Horace was: thai
Abraham Winn and Napoleon Quarter
were in the road near the bars ihat
the rest OF them were ia the road -s1m,
below; he showed me how they were >.
said Horace and Johnny Gilman car.
up together, and that they had q
considerable of a tussle; and th,.t J,bpDv
tried to get the gun away from Horace
he said Abraham Winn fired the 6y.,
shot and hit Horace in the leg that NJ.
poleon fired at him next, and that tn,
shot hit Horace in hat or side Of hi
head he said that when Horace and
Johnny came up together. they had q
considerable scuffle. and johnny was go
ing Ia get revolver and shoot Horace.
and that while Johnny Gilman was try
ing to get his revolver, Horace sbot HIM
didn't remember as be sid ANYTHING
about what old Mr. Pluml,y sail he has
spoken of IT 10 me at other tlu,e- but has
not sail much more than he -iid
then: he has told the same story NJ differ
ent times TO me.
s-er.llqlHdiiOH-HaVe lived with
{
the affray have lived with Zlba Plumley
since 3D. Of October last; / am the one
that has the management Of Mr.. Plum
ley's affairs; there i boy younger than
/ AT work there have been at the iil
three or four times TO see Ziha Pluml.-y.
have been - this place more times than
that, hut did not always 20 20 The isii ;
Squier- rode down 10 George Plun,l.y's
with M; st4id there half nu hour
should think: / did not ak him to ride
be- said be guessed be would 20 down q
George Plumley's, and ne got IA aud rade
down: no one was present when be- "a ode
D.. statement: think. Frederick had Mt
hen been arrested. bat Horace had I got
be- idea from him shat Horac.. acted IN
eli defence; / don't knuw a. / informed
anyone that day what account the ~qui.rs
boy gave Of the matter; ! lived with
George Piumlcy til the 228 OF Oct1b.r-
link ] gave him The account Il u -.
W. "r three. dtys afJ-r in the hsv g a.,
All nnr sure | r5,l him. bat tLIuy rs.,T
told him hpw that uhnus Wa -,
BIS revolver. and then H.re'.. -.
might have tod hip ~. 49,,
i'st s'qnierS made tsT.re.I ,,,.. - -.
ID l link they "" r~ al To- l,,,.... Ms
y. u ~ ne 'liiir Of osamiuatirr h.fae
.'''i'' a"H Remember whether I told
5e'rg" IluIlluy - what S,.,,,..,.. ia 49,.
u mat tihc don't think / told birr
va witness before the Tnaei>rrir...
lld noihlnE about th, CONGREGATION WI
BE Sgulers hoy; don't know a. I sta- r,,a
'qniers boy There ~ the exaui-nsti.n.
on know why ] did uor inform rl,. -.-
= 'nd,ntS. NJ thar time. that ,l- ~oa5,,-
~ va, IN important witness; I DONE
now when, after lh- * amin alton. -i--r
'id ahyone 90 iha conversation. / ,ssl.,ls
ave t"ld n I" George Piuml,s. or -.s..
! -. don't remember l.. tl.ut ar.
told IT: / dill not bar rF..
'siimsny before the Justice. 81 rla
4urt OF examination: / was T.r---nt
ut haa 10 keep on of the room I I.p,gs
zen that the government charz.d thai
Iorhoe had murdered John Gilman Jr-
was friendly 10 Mr. Plumley, and -
81 tell him what the Squiers boy "a
hen we were going down the ~ said
.e h'rwiy. he said H. would >, ID. near
'w ine 20 " II occurred , ~ out and
lowed lac lac said Job. -. got out and
All, that Horace Was i stood near the
er. and that Fred out in the Il Id iur-
ia further thai rick was out ia The
ire out in H. be, aud that the oiher-
owing, W road after he got through
- - =.
.ye at over To George Plunlev's:
n ta,ed al that took place. and aU
q l remember Of what be .aid think
nave stated it just as it occurred: Bot
einy borrowed pistol of rue on Sattl--
ay at George Plumleys: was eating
'PI,f. Butterfly came ia and wanted T.
''rorge Plnmley; he then wanted -.
!, , my gun; | told him il was not load
! ne wanted j should load IL. I TOLD
ia lad nothing II load it with. and he
'h wanted 10 take my pist Il and |
eht up stairs and got it and gave il To
IN The pistol was loaded: tie st.rt4d
= not Ia great haste, did not run don't
20" that j have interested my eli in
ar c!>e; have not been engaged in
,'i'in2 mp witnesses-not one havs not
,Aed much bout it; have talked with
ga Clark abOlI 1t: don't know rs told
ID What Squie rs had told me; he gave
AN account Of what he knew
Put It. don't remember a.
hIm wh.t 1 knew about IL: don't
member of talking with any body arut
y lately. have told this IL Col J.yxe
guess | have not told him ANYTHING
'ht 1t Ill since their trial commenced
'as sur nmoned by the government; /
: pre- cent at Mr.. Woods room ones
en- shey wsre examining witness
know as 1 told Mr. Wood ,h
"a know for what purpose the 3 at
summoned me, for / knew So fIshse