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

Gilman, Jr,: l had been to school with
him; was always on friendly terms
with him. l was accustomed to see him
and talk with him when he come home
year ago last summer he came and
talke1 with me and staid until one o'clock
talking in a friendly manner.
Cross erdnination-I went up into
thu cornfeld after the ARRAY
I went down to,the forks of the road l
did not go to Horace's house with Sander
son /; 1 went home and done my chores; i
was not at home when father was arrest
ed l was over to Elijah Pixies went
over there before shutdown and staid there
that night; Pike is not relation but a
friend of mine; l went back home Sum
day morning about nine o'clock l saw
Pike Wilkins, and our own folks l staid
there to get something to eat and some
thing to drink went about mile into
the pasture to see some cattle l was talk
ing of buying | did not see any one till
| got back home, and did not travel the
road knew father and Horace had been
taken to Jail | got home at chore time
that night Aldridge, the constable from
Cuttingsville, was there, and he arrested
me | learned Sunday morning that the
officers had been there after me L had
LETT word at the house that l would be
back the next morning; | was
coming toward the house with
Squires, Charles Lewis, and a
yoke of oxen when Butterfly's wife called
to me left the team and run down; |
had my pitchfork in my hand; she said,
she wanted me to go to the cornfield and
hunt up George, she said she was afraid
George was dead / told her would help
20 and hunt him up; | did not start from
the house with her; stopped my team
when she called to me and started on run;
| found my sister at a bar way near the
fork OF the road | overlook my father a
little below, | asked father what was the
trouble he said Bllch and Gilman had
been up in the field, and drove George
out; | did not see Geo. Butterfly or
HoIace; met Mr. Sanderson near the
forks OF the road; he might have been
20 rods from there when | first saw him
he ,lled me what was the row: | told
him | sent my hired man to the field to
show appraisers some damages, and that
Balch and Gilman drove him out and
thought ii too bad that .hey
should drive my hired man out OF
the field; told him | was
going to see if | could not send
my hired man down there without his
beng bounced upon believed at that
time old Mr.. Balch John Gilman and John
Gilman, Jr., had pitched upon Butterfly and
drove him out OF the field father and San
derson h,d some talk, but | did not hear
what they said | didn't see Horace until
he was getting over the fence below wher,
the fight was as we went up from the
school house toward these bars, l. and
Squiers were ahead | made a bow to old
Mr.. Gilman; had always been i'll the
habit Of bowling and passing the time OF
day with HIM when | saw him | might
have been two rods ahead of father when
| met Mr. Gilman; Mr.. Balch and Israel
were going from the cornfield | saw John
Gilman, Jr., and an Arthur boy coming
down from. the corniield | did not see
Napoleon QUARTER in the field, he was in
the road Napoleon Quarter might have
gone down before Gilman, and got out OF
the field; | noticed that young Gilman
was coming ont Of the lot at a pretty
rapid pace | did not know that Butter
fly had been down to the house did not
ask father how he knew that Butterfly
fence three rods below the bars; | went
by the swamp and turned toward the
cJruhcid; | passed Gilman. Jr., perhaps
hall rod before | spoke to him; | spoke
to him because | was afraid he would
come up and drive me out of the field. as
lac had my hired man !: it didn't look right
for him 10 drive my hired man out OF the
field; | did not feel hard toward him; |
saw the appraisers going away from the
corntield toward the road that leads to Geo.
Plumlry',; did not say to Allen Sander
son that i | found them in my field,
would whip them before | slept; | did
not use substantially these words TO Mr..
Sduderson. they shall leave my lot or ]
vii whip them before | sleep: lathink
did not tell him 80 | asked Mr.. Sander
SON 10 20 back with me and look after
George | was not more than a rod and
IA halt from him; | told iSandersOu | was
going Is hunt After Butterfly; Johnny
Gilman replied to me when | told him to
leave the lot, he would 20 when he got
ready; | saw Horace when | got to the
bars he had his gun; | was somewhat
surprising to see hum there with his gun
i not Ak to him; Horace and | had
not spoke to one another for about four
weeks; | looked back to see whether
Gilman was going out; as | looked
around, | saw Horace going west from
the bars, and Gilman was going east to-
ward the bars Gilman stopped Horace by
putting his right hand around him with
his left hold OF the gun, and he said.
Now, old fellow, you h.ne got to take
it = | did not hear tho parties say any
thing: | did not amy ri-tol about
John Gilmr.u. .Jr.. when he passed me
Gilman to X hold Of Horace with violence.
and und .rtoa k - throw him down; Gilman
was very much s'outer man. and
| think Ia could ;tke him down without
the use OF his legs the tuS~le might have
lasted 4boul minute: he cam. near get
ting the gan from Horace; he came -
near gettius. il that there WAS no fun in
it. possibly the muIllr of the gun WIS
toward him when he came up; Horace
did not say, Got out OF this lot or will
shoot YOU | stood two or three rods
above them when they clinched | did
20 back part way toward them, and per.
haps | was within Is feet when | told
John if he did not let my brother alone, ]
would fork him; John had hold
of the gun with both hands
when Winn fired at Horace; John and
Horace We're foot or so apart; | know
be aimed at Horace because he aimed
low Gilman was Il taller man, and hi,
legs did not come 80 near the ground
think Quarter shot at Horace because he
shot so high up: | thought it was rather
careless 10 shoot at Horace when Gilman
was so near saw Gilman when he wa,
shot he turned half way around
watched him after he was shot for the
fun Of it; my father was below him when
he was shot he might have been ten feet
below father got off his horse when Gil
man, ir., clinched Horace, and he was go
ing off below them father said to them
For Gods sake don't fire any more"
Horace drew his revolver and fred a
Winn as soon as he had shot John Gilman
ir.; he did not fire at old Mr.. Gilman
was watching Napoleon, and did not SEE
as Horace fired at old Mr.. Gilman twice
| VIM oil not fire at Horace before Joh1
I l. L i e Al Il