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

"nuC pan bul OOWA Oh the Dk1u the
angles and distances, as made.
CyOsS-erdmindtion--I took the courses
Of the roads T; l put the courses on the
plan, think; the plan was made from
actual measurements and courses, but l
wont swear whether they are on the plan
or not; another plan shown witnessl /
don't think the road on this plan, up to
Ziba Plumley's house is on the same angle
as on my plan; l think my plan is COR
rect, as far as the road goes by Ziba Plum
ley's house ; finished my plan in Sep
TENDER; made the plan from my notes
map of Rutland county shown witnessl
this map Is not correct in all of its details
have found many errors in the map OF
this village; l have not examined it in
reference to its details in the outside
towns.
lila Plumley, being sworn, testified l
shall be 90 next April; | have lived in
school district No. =. in Shrewsbury, over
80 years; my children are named Hor-
ace, Almira, John, George, Fred, Julia,
Mary and Ellen; was at home on the LIST
day of Aug. last ; on the last day of July
Balch's horses got into my field after
notified him, | put them in the pound i
paper shown witness this is the paper /
sent to him on the morning of the LIST day
Of August; l sent it by boy named
Charley Lewis it was brought to me the
same morning he brought back the
paper with word that might stick it in
a particular place Balch did not appear
TO appoint appraisers; they were appointed
by Squire Morse, iof Shrewsbury on the
LIST day of August, my family consisted OF
myself and wife, Fred and Mary, George
Butterfly and his wife Ellen; Walter
Wilmarth and Addison Pierce were APP
pointed appraisers; Abraham Squiers was
a member of my family at the time; the
appraisers appeared at my house little
before 2; when they both got there, /
told George Butterfly to go with them
and show them the damages commencing
at the garden and show them the oat
field and then 90 to the cornfield | and
my hired man and Fred were moving
that day Fred and Butterfly moved in
the forenoon in the afternoon | went
and moved myself; the next heard after
the appraisers went, Butterfly came back,
was laying down up stairs when he
came in: George Butterfly called me up,
and got up and came down where he
was he told me that Mr.. Balch and John
Gilman, ir., were in the cornfield where
the appraisers were and where he was he
said Balch was drunk and wanted 10 fight
him he said Balca said he had had all the
law lie wanted, and he was going to fight
ont the rest of it he said he had the bull
lets run for him; | then inquired if he
had got through showing the APP
praisers; he said he had not told
him ! was sorry he had not, as it
wouldn't pay to get them again for the
damages; told him it ought to have
been shown he asked me if | would 90
down to the field: | told him would not
e because the old man had licked me.
and made cripple Of me once, and
wouldn't 90; Butterfly asked me where
Freddie was; | told him in the pasture
getting brakes | then left him and went
into the back part of the house To get
some water; Butterfly was going down
the road when came to the door she
was telling him not to 20 back, ~ johnny
Gilman or Mr. Bach would shoot him
he made answer that some body must 20
and show the appraisers the rest of the
damages. | wish To rcctify point, when
Butterfly asked me to 90 down, | told
him had 10 go to town and carry out the
appraisal of men to the pound keeper; he
turned into pair of bars to the right
into the sugar lot | took chair and sat
down for about half an haur: then went
and got my horse and hsrnessed up TO 90
10 town horseback ! started off and got
down a little ways, and heard Ellen hal
loo II Fred he answered her she wanted
him Ia come and 70 down to the corn
field with her by the time | got down To-
-. \, -. a. 4.
and Fred overlook me about the same
time; mean the fork of the road that
goes up to Horece's Ellen turned into a
pair of bars Fred and Squiers went with
me down TO the school house | met Mr.
Sanderson, our deputy sheriff ; stopped
and had talk with him ! asked him
how far he was going; ! asked him if |
could get him To carry the appraisal nt
men TO the pound keeper Fred and
Squicrs started ahead and kept ahead of
me when got near the school house 1
saw Old Mr.. Gilman's horse hitchcd On the
left; this brought me to east and west
road when got a trii!e east of the barn.
| met old Mr. Gilman and Mr. VIM;
mad bow. and VIM bowed back !
asked Winn to take Gilman along down;
Fred and Squiers were still ahead at that
the bars on the right; both Of them got
over into the field nt this time | saw
Johnny Gilman and fellow by the name
of Arthur coming down from the corn
held saw old Mr.. Bilch and his son
Israel, going south to the road west of
these b,vs in the road, | saw Napoleon
Standing In the road further up
GA the left | saw Daniel Balch A.: he was
over in his own lot, or his fathers
side of the road: | noticed this Arthur
boy left young John Gilman, run for
the road, got over the wall into the road
at that time !. heard footsteps behind me
as was riding; | looked and saw old
Mr.. Gilman and VIM followiug.me back:
ut that point of time, | saw Horace get
ting over the fence, about where Fred
and Squiers had {; this was the first | had
seen OF Horace; | noticed Horace had his
gun in his hand as he was travelling after
he got over the fence about this time.
Frederick had met John Gilman, Jr: he
was ahead of Horace believe Frederick
and Gilman bad passed each other after
he passed, Frederick asked him if he
would go out of the meadow; johnny
made reply that he would go when he
got ready; then he and Horace met he
anne III forward ana on the lett oil f1or-
ace; threw his arm around Horaces
waist, and caught hold of the gun with
lis left hand; he said at that time, "Now. /
I'D fellow, You have got to take it :" was
IN my horse at that moment of time |
,ot off my horse, and got on the wall,
md was sliding off the wall, as Johnny
hiftcd his position and got hold Of the
run with both hands while they were
II that tussle in regard to the gun, VIM
vas in the road triie west of the bars, G
QUARTER was still further west at that
'oint of time, Abraham VIM shot at
Horace and the ball took effect in his S
high, close up to his body; next moment
luartier opened fire; ! have no doubt
hat his shot took effect across Horaces
cad at that moment of time, Johnny
iilman and Horace got separated John