Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1869-03-18

over the body of his victim, Horace drop
ned his gun and drew the revolver, and
fred upon Gilman and Quarter. As
Gilman fell Ziba Plumley dismounted
and went where his sons were, and direct
ed the firing; Gilman, jr. was wounded
by pistol shot; Quarter, after few shots
from Plumley, produced pistol and re-
turned the fire; Butterfly, when he left
the company, went to the house OF George
Plumley, and procured pistol and hast
ened back and arrived about the time the
tragedy was completed. Mr.. Dewey stat
ed what the Government considered the
law of the case fully in the opening.
Mr. Roberts said that it is not denied
that John Gilman, jr.,met his death at the
hands of Horace Plumley, but what the
defence relied upon was that Horace done
what he did in necessary self-defence !;
that he was attacked and did nothing but
in self-defence; that the Plnmleys were
there on lawful business, while the Balehs
were there, armed, for mischief; that
Horace Plumley did not fire until he was
wounded the firing was commenced
from the road, and that Iiba Plumley's
was. For Gods sake. don't fire.
The first witness called was John Gill
man, who testified am "a years old
this last March / live in Shrewsbury
John Gilman, Jr., was my son: lie was
a peddler, and resided in Little Falls, N.
Y. He would have been % years old last
fall He came home Wednesday before
his death about o'clock in the afternoon,
to help me do my haying; Saturday,
John said, we had better go to Northam
to ret new rakes; | harnessed up my
horse and we started, and got as far as
Jacob Wright's, there we learned that
John Gould, Johns cousin. was sick and
he got out and went up TO see him; |
went to Northam and got my rakes;
staid at Northam, a little while; when
came back and went to Mr.. Gould's and
took nv son in, and started Tor
home when we got as Tar as Mr. .Balch 5,
Mr.. Balch said he had letter about APP
praisal OF damage and he wanted me to
90 up and see what was done; Defence
objected to testimony "a to what Baicb
said. admitted by the court, and excep-
tions noted John got out and Travelled
behind the wagon toward the school
house with Balch | rode IN the wagon
we proceeded in that way to school house,
in direction of my house; when we ar
rived at school house, ] stopped, and 1t
was said that we would go up and see
what the damage is, and pay it up:
Il -, r., Ia GRE 4t W hIlp 81 :
/ did not want to wait for them; they
went along up into the field toward
where the corn was, in Iiba Plumley :
field. after IA while | saw man who look
ed like George Butterfly going across lot
from them toward Iiba Plumleys house ;
| set there until | got tired Of waiting. ]
got out OF the wagon and went up the
road to the bars, and set down on stone
on the South side OF the road | set there a
spell when Daniel Balch, Abraham VIM
and Napoleon Quarter came up, and
went to picking raspberrles there; \ boy
named Eugene Arthur came up. and |
sent him for my boy into the field; | told
him ! wanted him to go up and tell my
boy to come down. rs didn't want To stay
much longer; he went up there | told
Winn we would 90 down to nay horse
Winn and | went down toward where
my horse was hitched, at the school
house we went down below the bar, and
looked around and saw my son about halt
way from the corn field to the bars. thi,
Arthur boy and Balch were with him ::
We went on little ways further, when
| SAW Iib Plumley coming, ON horse
back Fred. Plumley, with pitchfork, and
Hold Plumley with gun. Were with him :;
this was first ! had seem them, that day
they were coming up from school house
toward the west; we met them when
We came up with them, old Ilhc said
''now d-u Your soul to HI, what YOU
been in my lot for; = | told him | hadn't:
then passed by him: Fred sid by
Cd he was going to have hall Of the
road :. | did not nswer him at all they
passed by me TO the bars where my boy
Was coming down; | turned around to
see what they were II 70, and went back
Horace plumlcy got over the boards just
below the bars with the gun III his hand
Fred got over . the road runs north and
south agreed by counsel that the road
runs east and west. and that school house
was east of bar way; then Horace went
up to my boy with gun pointed toward
him, and ! think Horace said to him, get
out OF this, deyili~h quick: my son re-
piled he was getting out AS fast he
could as Horace came up, my boy took
hold Of the gun and turned it from him
when | say my boy, | mean John Gilman,
Jr; when Horace first walked up to John.
he stood sideways To me Fred. then came
up behind John and stabbed at him with
the pitch fork when Fred. stabbed at
him with the pitchfork, john let go the
gun and stepped back, and said, don't
shoot" old Plumley hollcred fire, and
Horace shot John right down dead then
Old Xba pointed ut me and said, shoot
that old devil : Horace pulled pistol
from his pocket and put it up to his face
| dropped my head down. and the bali
from the pistol grazed my coat collar; he
fired again, and | dropped down again,
and the ball passed close across my back
he then fred at Winn and Napoleon
Quarter when | say he, ! mean Hor-
ace Plumley, Winn was partially behind
me and QUARTER +; WAS little west OF the
bar way when he aimed and fired at me
again, ard L:t me ON the ANGLE. after he /
fred at WinT, | should think | heard a
shot fired back; at the time | was hit In
the ANGLE, / faced around the pain went
up into my body, and my eyesight left |
me /; ! called to Daniel Balch to get my
team; Mr. Clark came along and helped
me into my wagon, and we went out by
Bllch's to the middle of the town to see a
doctor, there was no offensive demon
stration or offensive language used by
John Jr., to or toward any of the Plum
legs; Horace Plumley fired the first shot;
that was the one that killed my boy ; he |
/ L al l. I - Il IL. IL
the muzzle of the gun was about six feet
from my son when it was fired; should
think Horace fired his gun and pistol
about four time Lefore v inn fred back
mean his gun once, and pistol three
times
CrosS.eraaaued By {. H. Joyce.-I and
my son went back to Isaac II. Balch's
about three o'clock, p IN; | saw Israel
Balch in the meadow moving |
L did not see him at the house !;
when w started off I mont aba.1. did