Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-05-19
The Shrewsbury Murder The Mur'
derers. their Victimand
their Counsel


their Counsel
Now that George Butterfly has been
admitted to bail, and granted his liberty,
and the case of the last of the principal act
ors in the Shrewsbury murder thus virtu-
ally disposed of, in view of the interest Gre
ated,by the murder and trial OF year ago
in the minds of the public, it may not be
amiss to at this time give a brief resume
of the proceedings in this the most i'm
portant criminal case ever entered upon
the calendar of the Rutland county court.
1t will be remembered by our Rutland
readers at least that on Saturday night,
Aug. 1st, 1868, our people were startled
by the announcement that bloody affray
had taken place in the Cold River dis
trict in Shrewsbury, in which one man
was killed and others dangerously wound
ed, and that several of thoses esconeerned in
the affray had been arrested and lodged
in Jail at this point. Early the next
morning Sunday the HERALD reporter
repaired to the scene of the murder, and
found that fight, in which firearms
were freely used, had taksa place between
the Plumley and the Balch factions, and
that an innocent and well-behaved young
man named John Gilman, jr., who had no
particular interest in the quarrel at all,
had been shot through the body by gun
in the hands of Horace r. Plumley, and
that Horace himself and John Gilman; the
murdered mans father, were each wound
ed in the leg by pistol balls. The killing
of so highly esteemed a young man as
Gilman, and the wounding of his father,
seemed to be the only feeling OF remorse
which the affair created in the COM
munity Immediately adjacent to the MUIR
der, as the Plumleys and Balch's had long
been on unfriendly terms, notwithstand-
ing they were intermarried with one an
other, and constant litigations had exist
ed between them for number of years,
and as consequence they had not un-
frequently disturbed the peace Of the
State, and particularly of that section by
quarrelings and brawls. To such an ex-
tent had these proceedings been carried
on that the people of Shrewsbury, outside
of their immediate family connections,
had ceased to respect them or care for
them, and at the time of the murder, had
young Gilman escaped, at the expense of
the lives of all the other COM
battants, we opine few tears would
have been shed in the Cold River district /;
and here let US remark that among the
people of that region it has not unfre:
quently been wondered at why none of
the Balch family were placed under ar
rest for participation in the fatal alteroa-
ton, it having been distinctly proved at
the preliminary examination of the Plum
leys and at their trial that full as many
members of the former family took part
in the fight as did there of the latter.
But we have no inclination to question
the Justice of the law on tho cotton of its
administrators, and presume that the
course taken in this case was correct.
On the Monday following the murder,
the last of the accused were arrested, and
week thereafter Horace r. Plumley,
Frederick q. PIumley, Ziba Plumley,
George Butterfly, Napoleon Quarter and
Abram Squires were arraigned for exami-
nation before Justice Warren ii. Smith, at
the Town Hall in this place, charged with
the murder of John Gilman, Jr., at the
time and place specified by States Attor-
ney Fisher. Here at the outset Col.
Charles Fl. joyce, of our village, became
interested in the case, and, though hardly
expecting anything for his services, de-
Tended the prisoners in the examination,
which resulted in the holding of the
Plumleys and Butterfly for trial at the
county court and the release of the others
on bail and their subsequent discharge.
Now that his clients were fully committed
it was that Col. Joyce went to work with
will in their behalf, leaving no stone
unturned which shrewd management and
legal acumen could suggest to bring out
rebutting evidence against the overpOw-
ering testimony of guilt he was aware
was TO be brought against his clients; and
he was successful to an eminent degree,
for in less able hands there can be no
doubt that each of the parties accused
would have suffered the extrem. penalty
of the law, as proof of their guilt was
conclusive to all who heard it, at least un-
til the cross-questionings OF the counsel
had broken down considerable of the evil
dence of the prosecution, leaving it of no
weight with the jury, and rendered the
sworn statements of others rather doubt
full, of which, of course, the prisoners
were to have the benefit. We remember
on this trial Mr.. Joyce's able argument of
the case, his reviewing and summing up
of the testimony, his efforts to introduce |
palliating circumstance for the deed, and
finally his eloquent appeal TO the symPs-
thies of tho jury as fathers, husbands and
brothers to deal leniently with his clients,
being one of the best and most touching |
it has ever been our province |
to hear at the Rutland county bar, even
in it's palmiest days. But his efforts were
not wholly availing, and Horace re-
ceiyed the death sentence, Ziba Plumley |
was sent to the State prison for the term
of his natural life, and Frederick for a
term of 90 years, while Butterfly was re-
manded for a new trial. Now again the
constancy of Col. Joyce for bis clients crop
ped out, and with will he set to work to
procure the Communication of the sentence
of Horace to imprisonment for life. Peti-
tions to this effect were at his instance
circulated throughout the State and lib
orally signed, so that when he brought
bill before the legislature, of which
be was member, praying for the
of the sentence as de-
sired, it was in due time put through
both branches and the Executives sigma
ture being attached, it became law, and