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

A ''se N<SStVW.-4 can swear In
~ xsa shs pistol that was taken out
yonn Sim1l. Jr.s pocket, it looks like il
l did NOS hive my pistol that day; Ia
. Pistoi 1t the house; i had carried pist,
about Q 10 onth; did not fire at Horac
In preseD % of Napoleon St. Peters, nor O
any occs sion before this fight; Israel toll
me the appraisers were up there when
got up into the field Isfound Isaac (
Baich, and the appraisers, and Johnn
Gilm an; did not hear Johnny China
say s.nything till the boy came and sal
ms father wanted him to come down
Aini and the boys were near the bar
when | saw them first; Horace and FREQ
luraped over the fence, Johnny was goin
toward them; Horace came up to john
hrst; Horace was ahead of Fred.
think; Fred. was close to Horace mo
more than a step apart; Horace spok
hrst Johnny had a short dress coat on
pockets In 1t, breast pocket on the left
got within a rod of them when the firin,
commenced; Ziba spoke twice or thre
times during the affray; 1 think tn
affray continued three or four minutes:
hired once or twice, l think; did not fir,
out all the charges in the revolver; an
sure l use Ziba 'Plumley's exact language
old MIR. Gilman was between Winn anc
me; when Horace and Gilman met in tn.
field, they were within eight or ten feet
OF the wall; after Horace got over tn,
wall, he walked along near the wall
Horace's back was turned toward tn.
barn; Gilman faced the barn; | think
Horace was not facing him when he sho,
him; Johnny Gilman was pushing away
the pitchfork when he was shot; when
Horace shot they stood pretty near
facing each other; | have had trouble
with Horace Plumley; he pitched on to
me, didn't like him.
Ddntet Batch S,r0rn-I reside in Shrews
bury was 32 last August; am son
of Isaac ii. Balch married Ziba
Plumley's daughter on the first day OF
August, was moving in the hay field
Israel Balch came and told me the an.
praisers were there to appraise damage
and wanted TO know if didn',
want to go up; started t.
go; Abraham VIM and Qnartier
went with me | went up to the road that
run east and west; found old Mr.. Gil.
man seated on a stone; the appraiser.
were in the cornfield; | did not know
that they had been down to the oatfeld
did not know anything about damages in
cornfieldi stopped and picked raspber-
ries; Winn also stopped -staid fifteen Il
twenty minutes; then Mr. Gilman told
Eugene Arthur to 20 up and tell his boy
TO come down, that he wanted to 90 home
DIR Gilman started and went down the
road he asked Winn if he would not go
down to the school house, where hi, team
was hitched; they started and / walked
up toward George Plumley's | saw
Johnny Gilman and Eugena Arthur, and
Napoleon Quarter going down; they
kept down across, and pretty soon saw
Iiba, Horace and Frederick coming down
the road they were about getting over
the fence when | first saw them: Iiba
was on horseback; Johnny Gilman was
going down the meadow; ! was some
fifteen rods off from the oombatants
when Johnny Gilman got down near
them Horace bad gun, and johnny
Gilman took hold OF the barrel Of the gun
and undertook 10 take it from him
Frederick came Oh the northerly side OF
him with pitchfork-stabbed at him
with the fork and said something, | did
not understand what; he let 90 OF the
gun, and Iiba holloed TO Horace TO
"Shoot him. God d-n him." he shot
him, and then Horace set his gun down
on his left side. and drew his revolver,
and then he fired at old Mr. Gilman,
and he lodged lie fired again at
Mr.. Gilman or Mr. VIM can't
tell whether Mr.. Winn fired after the
second or third shot Horace continued
to fire until his barrels were all discharg-
ed QUARTER fired towards the last end
of il; don't know who he fired at: no
shots were fired by either of the other
parties until Horace fired two shots. Hor-
ace fired the first shot that killed young
Gilman, with a shot gun; did not zee any
offensive demonstration on the part OF
John Gilman, Jr.; he was trying TO get
out Of the field while Horace was firing
AT Old Mr.. Gilman; Zba said. "D-n YOU.
can't You shoot straighter than that :" af-
ter the firing ceased, they went north a
hundred rods or more ; old Mr. Gilman
went into the lot ! went to the school
hou.e to get Gilman's team old Mr.. Gil
man was hurt. | took him into the wagon
and carried him to Cuttin4sville return
ed at . or 5 o'clock; my father went TO
have been connected with Mr. Plumley's
family some - years: have tried to keep
Dut Of the trouble; had no arms when
went up there.
Grass EStHtfH0ttou Never clrrit j arms
much | have got some, did have have
lad little trouble with Mr. Pluiulrv
ne asked me TO kick him, and did 80
be sued me for my wife's board, and gave
aim my note for 50 for my wife's board
paid nothing for kicking him; lhave not
leen there much for three or four years
I'M not friendly to Mr.. Plumlty / went
ip To see the appraisers the reason ] did
lot 20 mp 70 where the appraisers were
vas thdt the appraisers were expected
Town soon | have not read the minutes
4 my former testimony: ! asked Vim
o 20 up into the field with me did not
ce old Dir. Gilman when he gave Quar-
Ter his pistol; did not make known 10
he appraisers the reason why | went up
here; heard Iibd speak twice or three
lines; when Horace shot at old John
Zibi said. Cd d-n il. c.n't
on shoot straightcr than that r.
At this stage of the proceedings, 6, p.
A., the court adjourned till Monday
ext
NoRdoU Nrrch l5A, 1868 The Court
onvened at 10 o'clock. a IN. One Of the
Irors in the ease of State v Iibt Plum
~. ct al, being sick and unable 10 come
rto Conrt the remainder Of the iurors
Tere ordered TO be kept together under
he charge OF an officer until the sick
Iror should be able To attend court. or
ntil the meeting of the court on Tues
ay morning. We learn the sick man i
lr. Hill, of Pawlet. The court then took
recess until two o'clock in the after
Don.
Two or three errors crept into our re-
ort yesterday morning of Mr.. Dewey's
pening statement for the Government.
was stated by him that the scene Of the
Iurder was not in sight of the residences
the respondents 1t was stated that
Jhn Gilman Jr left the bouse al