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

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On Wednesday afternoon, Mr.. Ben 4
Chase was drawn as Juror to sit in til
case, In place Of Mr.. Hill, of Pawlet, VIII
was discharged on account of illness
The trial was commenced anew, and TIL
Testimony wan all retaken. The test
mony OF John Gilman, Abraham Vim
Abraham Squiers, Napoleon Quarter ant
Daniel Balch was nearly the same as pub
lished in last weeks HERALD. There
fore we do not republish the testimony o
these parties, but give all the testimony
new trial
Eugene Arthur, being sworn, testified:
reside In Clarendon; | am II wears old tho
goth day of last August; on first day O,
August last was at work for Mr.. Harmon
Baich. that is Isaac II. Balch; | had been
moving that day out east Of the barn; / was
moving southwest of the barn in the after
noon; went up by the school-house where
the light occurred when | arrived saw
John Gilman; he sat in his wagon west OF
the school-bouse; went up and little by
the bars: Daniel Ba!ch and Israel, Abram
Winn, and Napoleon Quarter came up;
when they got up Daniel sat down and
talked with MIR. Gilman; Napoleon and
Winn was picking berries by the side of the
road; Old Mr.. Gilman told me TO go up and
tell his son TO come down as he wanted him
to 20 home; he told me 10 90 up to Mr.
Plumley,s corn-held; | went; | believe nv
brother Samuel Arthur, he is 10 years old
the 29th of this month, went with me;
when got mp to corn-field found Johnny
Gilman Napoleon QUARTER Wallace vii.
marth. Absolom Pierce and Mr. Balch;
told John Gilman his father sent me up
alter hun and wanted him to come down:
he got up and started toward the road: |
went with him; Napoleon Quarter, my
brother and Mr.. Balch started down; Mr.
Balch Went In southeast direction. he
turned off 10 the right Israel told his father
TO go down toward the road into their lot
as we went down we saw Mr. Plumley's
folks coming; when they came in SIGHT
johnny Gilman told Mr.. Balch TO go in
another direction, that they Were after
him, but they wouldn't hunt him, Johnny
1iiinan; Liba was on horseback, the rest
on foot; Horace had a gun, Frederick n
pitchiork in his hand; Mr. Balch turned 70
The right and started toward the south
west Johnny and |, my brother and Napo
leon Quarter went down toward the bars
Horace and Frederick got over into the 10;
east OF The bars; they met them and Uor |
ace toid johnny TO get out of the field !
Is q
could; then Horace told him to re- ont OF
the field again; Horace had his gun on his /
arm, and Johnny Gilman asked him what
ne was gong 10 do with the gun: Horace
told him TO leave the lot or he woull shoot
him; johnny Gilman went and took hold
OF Tue gun; then Horace Plumiey put his
hand In hls pocket TO get his revolver. then
Johnny Gilman took him BY his wrist. and
SAID, 'yOu don't want to get thar revolver 70
snout win; theniFred come up with. the
pitch-fork and told him if he did NOT let 90
OF the gun he would run the pitch-fork
through him; Johnny Gilman started for
road ana told Horace Plumley not to shoot
MN then Liba Plnmley tod Horace, Oh
you, haint you got no courage, shoot him
through the heart" Horace then cooked his
gun ana flred and killed him; johnny Gill
man ieli TO the ground, he fell on his knees
ana lace; his head within five or six inches
OF the wall: then Zlba Plumey pointed at
sir. UIInan, Sr., and told Horace to shoot
MN; Horace drawed his revolver out of his
pocket ana fired; Gilman Sr, was in the s
road when he was shot at; did not see ,
Hiiihan, Sr. do anything as he was shot AT t
horace pointed his revolver at his head: he I
,heh nreu at Gilman again and Ziba Plum '
ley pointed at Winn and SAID '"shoot thar I
s-n OF hi" Horace fired and Ziba r
pointed AZ Quarter aud told Horace to fire
at nun, Ltba pointed at Mr. Gilman again /
ana SAID shoot him and asked Horace if he a
toulu hot shoot straighter than that Mr. |
w Inn hred after Horace shot at him: [ t
cal say certain whether Quarter fired or S
not, out guess he lid as his revolver was h
empty Horace Plumley fired the first shot "
win MS gun, he then fired the two next 81
ana then bred at Abraham VIM, and then V
Vim fired; | was standing in the road ii
close TO The wall al the time johnny Gilman 81
was shot; was not over "a rod and n half h
rom Johnny Gilman when he fell; this n
1rlns continued five minutes | should think: &c
AFTER that Mr.. Plumley's folks went toward
heir mousse ola Mr.. Gilman was wounded; 20
think the last shot hit him; he was poinr "
o get over into Mr. Balch's lot when he was o.
az; AFTER the Plumley's left | saw George VI
butterfly coming from toward George Il
oiumley's, down towards where johnny hi
1liinaI Mas killed; he was swinging his ha, w
md hollering and swearing; he had a re- OF
,oiVer III ms hands; Isaac IL. Balch stood pa
Town In his lot south OF the road BY some IN
berry trees; Butterfly fired his pistol | pf
hihk ne aimed II towards MIR. BaFch; But he
erhy told Mr.. Balch if he would come half 81
way he would fix him; Butterfly turned fr'
MA come back down and aIr. Balch went WI
Town toward HE school house in his lot ";
ma butterfly went IN the road, both going OF
n the same direction, toward the school sa
onse; think Iiba, Fred and Horace went n
yer toward George Pumley; saw Hor,
&C AFTER Sanderson had arrested him; saw sal
butterfly down toward the school house wa
iter oabuefson mad gone after Horace: AT
'alt h crossed the road and went into nnotb arr
r lot; Butterfly told him if he womb cc.,na Mr.
ITO The road lie would put him where PTS
ohnny Gilman was; | went back TO the ma
odv; me, Napoleon Quarter, and simon the
llinan. went back; Mr. Gilman wanted rld
apolton Quarter 10 take Johnny Gilman's swt
vowed out OF his pocket; Napoleon went pee
'u TOOK the revolver and gave it to ST. RAJ
ION Gilman; saw him take the pistol OUT. nat
was IN pochet III his pants over his hip; wee
re Douy was lI ing on its knees and face IRE
re revolver wa, loaded; Napoleon handed ina
10 Slmon Gilman. dri
Cross EraDinut on. | have been living AT aitt
urr Clark s ut Iinmouth | left Mr. ni(
aich's IN September last; | worked there ley
bout Gig hteen DAYS: I had worked thera in
70 days before The fuss; | have seen Mr.. mug
alei here at Court; | have not talked this did
alter over wlth him 7 first taIlsaa j. 80, Gee
ith AIR. Fisher; fellow came up to Burr gay
ARK 10 rec me. and told him the story. 7 tlnt
ave talked 1t over with Welcome Wilder: AID
u'd nor tell him that the firing commenced per
ON the road. and that Z,ha Said q -. Gu;
oot;" Went directly TO The road and 70 Plu
e bar-way; johnny and I were close to
gether when we met Horace; got over
d stood IN the read about rod and a half {
Isl OF the Dar-way; and about n rod and lib
II from where Horace and johnny met: ~
hhhy was faced partly toward the north
I'd Horace was faced partly toward the get
ISL Jonhhy Dack was toward me and nor
, !, a'' ieI. s,de was toward me; could sigh
II see so much of Johnny's hands as I rod
nld If his face had been toward me: 90
hnny took hold of the gun with his left anu any
nd, and his right hand had hold of iey
braces sleeve; Horace attempted to get the
revolver out, bat did NOT take II ont ries
BRACE told Johnny II he did not let 90 of turf
J gun he would shoot him with his re- Plu
liver; did NOT see the Squiers boy there afte
race, ! think, tried to get the gun away ton
IN Gilman, but he did not succeed until drn
ed came up with the ptchfork they ~, :.
i'd not see him pnt his iefs hana , ~ h;s whe
cket; did not see any shots fired nv me
race, except what Ziba directed him to dut,
y uid not maintain my position bur him