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

2 nm the son ut John &ilman,. Sr: ] wa
81 nftesn years o. age The 30th day Of July
C Ion Saturday, the LIST day of August last
D [ was at home; heard some guns, anc
J; heard some hallooing when heard thes,
!, guns / started down the road, dowu
toward Plumley's; I got down 70 SOU
. apple tree, below our house, 80 coulG
2 see down to Ziba Plumley's; 1 saw wo
!. man come out of Ziba Plumley's, and rur
e down the road; 1 cannot tell who she
:, was; she hallooed, and I saw anothe,
woman running down the road dom,
!; know who this woman was (; when saw
/ this heard some one say that some one
4 was shot, and went down the road and
e saw somebody down by the school house
S | saw Israel Balch going up through the
2 lot, and he said, Johnny Gilman was
e shot , went up a little distance, and
p saw father sitting in a wagon; | saw
some one on the hill toward George
|, Plumleys, but did not know who he was
! | went down the road where Quarter
= was, there | saw Allen San !cra IN, and he
e asked, what the matter was; |. told him
E they had shot Johnny Gilman; after this
! | saw Butterfly was fifteen or twenty
rods fromhim when saw him heard the
, shooting at home; it is mile from our
house to the placeof the fray; l. heard
Butterfly told Balch the respondents
, counsel objects to the admission of the
declarations of Butterfly objections
} ovcrruled, and exceptions if he would
bring up his crowd, he would serve him
the same as he had Johnny Gilman; his
language was, Bring on your God d-n
crowd, and | will serve you as Hold did
young John Gilman" Napoleon Quar-
tier went over and took brothers pistol
out of his pocket and handed it to me; !
saw him take it out of his pocket h.
told me to carry I home 1t was loaded
and in the same condition it is in now Mr..
Winns wife, Napoleon QUARTER and ]
was there; cannot be positive that any
one else WAS there; | carried it home, and
laid 1t np in the cupboard; on Monday
morning. Allen Safrderson came up, and
wanted to know where young Gilman's
pistol was; got it and handed it to him
1t had not been taken out of the cup.
board from the time put it there until
Sinderson came.
CroSs-eftlntnati0n-I heard the firing
at home; it took me fifteen or twenty
minutes to go down there / saw the pis-
tol taken from my brothers body: [ did |
not see Eugene Arthur there at that time
did not see Mr.. VIM there at that
time; Quarter took the pistol, and gave
1t to me, and took it and carried it home |
| had pistol of my own, | bought it
| can't tell how long | had owned it; | +
had 1t when | came from home: | had !
just been shooting at mark with it;
was accustomed to carry pistol about
with me; was afraid of the Plumlevs :
have never shot at Abe Squiers, either
of the Plumleys or Butterfly: if they
had pitched on me, | should not have
used 1T, if | could have got away from
them; | did say, II would shoot the
man who shot my brother;" Elon Clark
took my pistol from me VIM did not
try to stop me, as | remember: have no,
heard Balch make threats; | have heard
tho Plumleys threaten; did not hear.
Balch threaten at that time have heard
him make threats a good while before
that time; he said. If they went to lick
him, he should defend himself" that was
all the threats | have heard Mrs. Shell
don did come UP there, but she did not
tell nothing; the first / heard was the
haioolng and shooting, and | thought
was the matter.
Isaac IT. Baych being called THE re-
spondents counsel objected on the ground /
that the witness had read Tie H6trxyllacy' |
account OF the testimony already given
objection overruled and exceptionsI was {
sworn, and testified; | reside in the town t
II Shrewsbury L have resided there in a
me same place thlrty-seven years ] shall /
be ftty-seven years old next February t
lotlce was sent me, on the lst day of AUG. |
asst, In regard to the damages of my horse, +
o flumleys fields a small boy named d
lewis brought it to me: it was from Mr.. h
horse,a Justice ut the middle of the town. y
he appraisers were to be there in the /
Itternoon got the notice in the morning t
o9ut nine on the slme day; John Gil o
nan and john Gilman, it,, came alont- To :
ny house, sometime in the forenoon. aud Il
old me they Were going to Northam 10 |
ct some rakes: the young man STONED a
nd came in saw them when they came a,
acl1; they got back atnear three o'clock; il
might not have been 50 late | saw the /,
Id gentleman setting in the wagon. in G,
ont of my house: John H. came in IL
} the house ! went out to tho wagon. /,
nj had some conversation with them sc
bout gong up where these apprai ,sIs n,
ere before ! went out 10 the wagon | ca
al seen two men going up into the lot d,
Is lh'h had got most up to tho corn-fiali: TO
asked him what should do ; h. said if IN
Wa his ease he should 20 TIP and see H.
nat the damage was and pay il mp: | ii.
id Young John Gilman that / did not CT
ant to 20 'lone, for they were dangcr- an
|, folks and was afraid nj them. hnt If ~
would 20 with me, ! whoud 20: he "a
ld he would 20 with tne lie and walk dis
on, on one side of the road aad the old 81
ntirmdn came IN the wagon when we la
! to the school house, the old gentleman if
'poad and tlld H. not to be- gone long: IL
hn and wtn& up 10 the corn-ield. and q
md there Addison Pierce, t'corse Eut- W
lily, ana Walter Wilmarth: th,r. alv
e. II" Other, there at that i,v
nc that Saw when we ma
ehed the field, passed the time OF day ant
III them, and told them | had come TIA
re 70 see what damage my horses had =
ne, ana pay II, as | wanted my horses bal
nome, and wanted 70 use them asked OK
ierce what the damage was /; he said ne,
dli not know, as ii was not made out yog
did not tell me how much the sbo
mage WAS, We had some conversation,
re asked Mr. Wilmarth wy he zoo
5 taking mp sides against me in my I'VE
suits, as ! had always treated him far
Il, and pad him we'll for what lie baa
lie for me l. told him he was meddlno Il
= my business as much as II he were cou
or two-thirds PluInley; | asked Mr. tir
rec the same question he said T AZ am
vs. used him as well as any OF his w,,.
ghbors, that | never had any trouble Der
n him; | asked George Butterfly il | in
not always used him we'll; he said lev
ut to Whitehall with him and treated teri
Wei he wanted to shake hands with ney
ard he said he would 20 home and the
pint OF rum, and treat the company. the
1t should be all settled, aud we would viii
good friends: Butterfly was at nv FIR.
'no rio'F morning before, and | ed
INN II be ever come there, and tried tiar
pull me out Of my house again, | had con
uliet run Tor him; we shook hands the IVA,
thing we done before he wont o4f. / w;