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

4 med BY the rsspondentI' COUNSEL, .ays:
ls staid in court little while yesterday q
e ternoon heard ons witness testify; wa
. here from half an hour to AN hour +: di
% not hear Squiers testify: have been wit
e Squiers since have been here, but lie ha
e tnot told me one word of his story. OIL
i jected that he should not testify. Tn
: court ruled that his evidence is admissi
t bic, as 1t does not relate TO the same sub
8 ject matter e. that of the witness he hear
q testify; objection overruled; exception
by the respondents.] am seventeen year
, old have been in the Reform School a
Waterbury; was charged with breakin,
|, into the depot at Cuttingsville, and wa
sent up on that charge; saw Georg
Plumley in Jail when l left Waterbury
he requested me to tell Squiers that h,
would be called as witness in this case
in the spring, and to say to him that h
wanted him to swear that he did no
hear him tell Horace Plumley to bring
down his gun; The said he did tel
, Horace to bring the gun down, but ht
| thought Squiers would testify that h,
: didn't hear him say so, and he wanted IN,
to tell him that lie butterfly would
make it right with him when he came
here; | did the errand to Squiers.
CrosS-eralninattoR- Butterfly told me
to tell Squiers to say that he didn't halloo
to Horace to bring along his gun ; l asked
him if he did so halloo to Horace he said
he did but he wanted S1uiers to swear
that he did not, and said he would make
it right with him; this was said privately
to me, no one else heard it.
Emtty Jaae Vim swsrn, and in reply
to questions propounded by respondents
counsel, says: | was present and heard
Abraham Squiers testimony yesterday
sat in the gallery and heard the testi-
mony.
| The testimony of this witness is OBJ
jected to, for the reason that she was pres
ent during the examination of Squiers.
The witness was excluded, the court re-
marking that his attention had recently
been called to an English case where the
court went much farther than they were
asked to do in. this case holding that a
witness could not, under like circumstan-
ces, be admitted if the witness had been
present and heard any part of the testi-
mony, whether it related to the same sub
offered to testify, or to some point other
and distinct from what he had heard the
former witness testify to. As this witness
was called to testify to the same transac-
tons that she had heard Squiers testify
to- she must be excluded
L0ulsa Shelton being sworn. testified
on LIST of August last, ON day Johnny Gil
man WAS killed, / was at Mr. Balch's: /
hal just finished my breakfast dishes, and
Johnny Gilman came and wanted should
go and stay with his mother while he and
his father went to Northam : | went right
away after dinner; | was helping Mrs
Balch she was sick; | went "a soon rs
could; went up there but did not sit
down; | saw George Butterfly while ]
was going TO Mrs. Gilman's | saw him
in the road near Plumleys; had got
almost to Horace Plumley's: it was west
OF the road that leadsrup to BurIicks: /
saw Butterfly jump over the wall he got
most home and called to Horace; he called
him more than once the first time he
called him, Horace did not seem t. under
stand him; he hulkooed again, aud Horace
came out To the bars, ana talked with
Butterfly, and then went right home.
and | saw him come out with some
thing i'll his hand; can't say il WIS a gun
kept along as fast as | could 20: after
they got through the gate, Buttortl : went
and called the men twice or three times:
the men were in the meadow with g, woke
Of oxen h" said. This way. boys. d-n
quick: ven fix the, d-n cu,s til, time"
these were the very words he spoke: they
started toward the school house (: one man
was on "A horse could not tell who il ,gas.
but thought it W Is Mr.. Plnmley | went I
a. fast as | could go.
Cross EralaiaottOH-I MAS at work for {
Bilch at the time; had worked there
about 1wo weeks; have worked there. I
lay at IA time. at other times when Mrs. 5
Balch was sick; don't know as | am more !
friendly with Mr.. Balch than with Others: I
did not go up there till about > o'clock.
1fter dinner; / stopped on the way and t
alked with Mrs Winn short time: | 2
hink it did not take me over an hour to t
20 from Balch's to the place where | saw 4
3utterily, including the time ] stopped at +
drs. WINS: the bars were some ways j
rom whore | stood when saw Butterfly: 7
red. Plumlcy and two boys were up in d
he field when George Butterfly called t
hem; George Bitterly stood near the door b
/ the house when he called to the men : b
was further off from Butterfly when he a
allied than Fred was | heard him say. this Ii
gay boys, this way, d-n quick, wcIl fix |
he old cuss this time? / have not said Z
nything to any one but judge. Fisher q
bout this matter, don't know but little
bout this matter; | am the mother of
ugene Arthur; ! was in the iail when ! u
ave the relation To Mr.. Fisher last tall
was notified to 20 there. and the Wit
asscS met there aud related IL over.
A. hi point in the eN4miu ton, it !,
as announced BY the prosecution that 81
erc w4re pne or two other witnesses in b.
half of tho State, who we're not then se
resent and it wa. thercupon arranged NJ
lat the defense should proceed. until the =
'ur Of Adjournment, in the examination in
witnesses in behalf of respondents e,
Witt" jIUDarM, called IN behalf o. G,
{ defense, says | reside in Shrew-- tn
Try was appointed appraiser with Adj 1T
son Piece, to appraise damage between In
r, flumley and Mr.. Bilch; il was on m
e lst day of August, 1868; won't up to ma
I. Piercc's and from there up 70 Iiha DO
nmley's; II was between oac and two Ia
lock when We got there Mr. Pierce w'
ii me he had been tlrre IN the forenoon; tn
: were called to appraise damage done co
Balchs horses: they had been in lee
umley's garden and cornfield ana oat. DO
Id; Iiba said that when we get ready he
90, George Butterfly viii 20 with Us tn,
show US the damage = we left Iibt th'
umley's about 3 O'Clock; went down TO
'racc's and talked with him there to
cree, myself, and Butterfly; then arr
went to the oatfield, looked hal
ere what We wanted; then started ma
toward the cornfield; heard bee
shot; | stopped and said what's mil
It: and looked around and saw two thr
n west of barn, which is west of the
ool house. and then | heard another arm
It and saw the smoke of pistol we flee