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

and let him see 1t cannot say whether
it was before or after he went up into the
field I can't say how long Quarter had
the pistol before he went up into the
field; my son had loaded pistol that
day; it was a revolver; he has carried
one five or six years; Winn had re-
volver; do not know but have some
time said that Butterfly shot me; don't
remember having had conversation with
Mr.. Cook and others in reference to who
shot me had considerable trouble about
that time in my head, and don't remem-
Der what I said in reference to it; may
have told Allen Sanderson that Butterfly
shot me did net know what l did say
for while; I was witness before the
magistrate I think testified before the
magistrate that Balch and my son had
conversation about going up to see what
the damages were and pay them Ziba
Plumley did ask what in damnation my
horse was hitched down at the fence for;
I so testified before the magistrate L;
can't tell whether I testified before the
magistrate about this conversation in ref
erence to going up into the lot; was feeble
then, and did not remember everything;
did not have any conversation with
Frederick Plumley when l met them IN
the road | don't remember hearing alba
Plumley say to him, to take me out of the
way, and to have no fuss / don't re-
member whether Frederick was ahead OF
! Horace or not; Mr.. |. III. Balch married
my sister the Balch family and the
| Plumley family have had an old feud for
many years this quarrel has existed for
several wears, ever since Pike moved off
so old Ziba could not quarrel with him
Balch and Ziba Plumley have had law
suits; after they pounded me on the
highway, and most killed me, about one
year ago, and | bought my revolver, l
have not thought much of old Zibe Plum
| ley Ziba Plumley and | have had law
suits | sued him for assault and bat
terry | never said that when my son
John came home we would have this thing
settled; never fold Elon Clark that ]
and my wife had all we could do to KEEP
John Jr. from going down and pitching
| into the Plumleys; | never told MIR
Clark that John Jr., said of the Plum
! legs, "d-n them, thy have got to catch
| it yet"
Re-direct By &. G. Derey.I had PTS
tol that day; Butterfly and Plumley
| pounded me year ago /; | carried the PTS
Il
| have got the Balchs up to watch them ;
Butterfly and Horace Plumley threatened
that when | went from the court, between
Balch and Plumley, l would not 90 up
through the woods alive, and staid over
night at Balch's; that law suit was about
one week before the atfray.
At this point the court took IA recess
until half-past one in the afternoon.
AFTERNOON SESSION.
| -15rddum Vim Sr0lH; Resides in
| Shrewsbury on the day of the affray
was working for Daniel Balch, on his
| place, pretty near south of bar-way.- from
| $50 to 200 rods south of bar-way; Daniel
Balch and Quarter was at work there;
Israel Balch came there while we were
there he asked for Daniel Balch, and re-
quested him to come up toward the road
he said appraisers were up there, and Mr..
| Balch wanted hin4 to come up | had
driven Horace Hewitt's cattle from the
oats near the barn, on Plumley's premises
when this word was given Daniel BIIch
wished QUARTER aud myself to accompany
him TO the road went up to explain to
the appraisers that Horace Hewitts cattle
h1d been in the oats when we came to
the road Mr.. Gilman was sitting ON Il
stone !; Mr. Gilman told Daniel Balch that
Mr. Gilman son was up III the cornfield,
and Mr. Balch said he should so no fur
Their; Napoleon Quarter, and / think
Israel Ralch, went mp 10 the corniield
we were there in the road some fifteen or
twenty minutes; Mr.. Gilman said he
wished to 90 home, and spoke to boy
by the name of Eugene Arthur, and told
him TO 20 up and tell his son to com"
down; Eugene started for the field, and
Mr.. Gilman started down tie road, and
asked me to accompany him to 20 down
the road with him | started and after
going eight rem rods | pretty nearly
overlook him; might have been ten OF
fifteen feet behind him: then. | looked
down the road toward TIA school house.
and saw Iiba Plumley, Horace Plumlcy,
Frederick Plumey and Abram Squier
coming up; they came on, and VIC soon
met them Frederick, was ahead on foot,
Horace behind on foot, and IIba on "a
horse Frederick had pitchfork, Horace
had gun Frederick asked me what !
doing there; | said | thought | had
right to be In the highway, or road cam
not tell which | said | think Horace
spoke to Mr. Gilman, and said he bad too
strong team for him IIba PlHmley ask
ed me to take Mr.. Gilman down the road,
to which ! don't remember of making any
answer they passed along, aud Frederick
Plumley and Horace -Plumley got over
into the field about rod below whore !
met them then Mr. Gilman and myself
turned and saw Mr.. Gilman son coming
down did not sec any one with him
Horace held his gun i'll his hand, and
asked young Gilman to leave the field
he said | am going his gun was pointed
toward him he raised his gun as though
he was going to shoot him; Young Gil
man reached out aud pushed the gun one
side, aud took hold of it with his ltft
hand | think then he took hold of il
with his right hand Horace made
move as though he was going to take
something out of his pocket, and Gilman
let 90 with his right hand, and seized his
arm; Frederick came up on the left side,
and partly back of Gilman, with the
pitchfork, and threatened to run him
through if he did not let 90 Of the gun
Gilman let go OF the gun, and started
toward the ro@d; AZ soon as he let 90 of
the gun, Horace raised the gun, and Iiba
said, Shoot him." and he fired the gun
and John fell; Horace then put the gun I
on the ground, and drew a revolver, and
ufeI- TWICE AZ III. olhildi ana ihyaeli
Horace was "A rod and half or two rods
from us when he fired at us; Horace was
in the field Mr. Gilman was III the road
and | nearly behind him when the shots
were fired; QUARTER was in the road {
above US, some three or four rods from
where | stood Iiba Plumley slid from I
his horse about the time Gilman was shot,
and got into his own field when the PTS
toll was fired at old Mr.. Gilman, he bow J
ed his head and the ball went through
the rim of my hat, on my head Horace {
fired twice at Gilman and myself and
once at Quarter ] fired twice, but not +
till he had fired twice; fired at Horace j
Plumley l had not, prior to that, made {
any use of my weapon after |
firing at Quarter, he then fired at c
Gilman twice and the last time hit him 9