Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-06-05
1o,,ortad for the Rutland Herald
marion of Thomas y. ellison.
DpspoNpENr DISCHARGED.

u. .,rcb his agent, Mr.. EdwinS Ostigee,
'a,0 off, the 31st, at the Court House
y, ~, Middlebury, before Justice Knapp.
u The respondent present and assist
~, able counsel, viz. Mr.. G. H.
5 Il,, w and N. P. Simons, of Rutland,
'C A. SturtevaAt, of Middlebury.
ar State was represented by James M.
Glade, Jr., who conducted the prosecu-
Wv, Wv, in an able manner. The testimony |
,'o, taken very full, and followed by |
VIA ARGUMENTS on the part of the prose-
' ,,i,g attorney and respondents coun-
w. The court decided that the respond
~ he discharged, and he was according |
" discharged.
The following is the
TESTIMONY.
1,.sy lister sl0orn-I reside in the
.oytbrast part of Middlebury village. A
sansa in nv vicinity was burned Thurs
I,, fine 2lst inst, early in the morning.
U.s. y ]o,y il burn. l received several letters
from Mr.. ellison about Ostigee's business.
= s Ostigee sco1'n--I moved to Rut-
land recently About the beginning of
the talk about the burning of the prop
orty Mr.. ellison was notified by Mr..
Martin that he had a mortgage upon it.
f,rmerIy owned the property burned
sold it to Mr.. ellison, May I'd, 1878,
al told him il was encountered and to
.rhst extent. had three different con-
,.r.otiops with him about the trade.
Whom made the trade | was owing a
.,re.t deal of money and hoped to thus
raise money to pay off my debts. l re-
,,,ypl to Rutland about three weeks
ann talked with Mr.. ellison about
,h. letter that Mr. Martin wrote about
M. having a mortgage upon it, and that
Mr. Martin said that he must attend to
II Mr. Gibson said if Mr. Martin thought
he would get the property for $500 he
was mistaken. Mr.. ellison aftcrward
told me that he had answercd. Mr.. Gil
SON then said he had a clear deed of the
Y-oocrty from me, which surprised me
and inquired of Mr.. G. what / should
la Mr. q. said he would make it all
nga, aud make it all square with me.
Ir,bcu said IF you will go to Middle
bur-, and burn the house, will take the
insurance. money and let that old man
go to grass" then asked him what he
you'd do; what recompense he would
make. He said that he would pull out
literally" ana not trouble me about the
deed. The conversation was held in the
3toreroom of Mr.. Gibson. After that l
sud 10 Mr. G., is not the insurance so
bigh that there will be trouble about
getting it? He said no, that he did his
business with Mr.. Francisco and there
would be no trouble. At this time l
agreed to burn the property for MIR. Gil
son.
After this conversation, Mr. Martin
was in the store of Mr.. ellison and
showed him, in my presence, the mort
rage and notes, and Mr. G.. was to come
up to Middlebury and attend to their
navment before court set. That after
noon I had more talk with Mr. g., and
he said this matter must be attended to
, fore court set. On Tuesday or We'd
1..l,av. in the forenoon it was decided
that should come up in the train and
five III. building. He suggested the
n;..ht troiD To this ! objected. He
tbcn sroI,e Vt horse and wagon tc
Brandon TIL IS was objected to. Their
ho ;nc,,irad obout the distance from Sal
isbnry, and finally decided that I SHOULD
come to Salisbury aid from thence tt
Middlebury.
He suggested that " ear false mus
tacbe but none could be found and !
was given up. .,..,
Mr.. ellison saids you must n"t iet you
'olks know you are going to Midaleoury
r ., erefore deceived my family in rela
tion 10. where I was going. / told CIR
cflson ! wanted money to bear my ex
vonsoa o. d Mr.. ellison paid me $40, an'
7 $40, :, down. in my diary under date o
Nav 9lst. a Nary was here shown witt !,
pn,rvI 7 came to Middlebury on tn
mail train IN the . 'st, and returned on tn
mail train ON the 22d. l got to oallsOur'
on the evening of the 2lst, and wake
up to Miadlebury, and got to the nous Jus
about II o'clock. l burn 81 Inc propei'
about midnight. was, d. wing ihe li' /,
ia Mr.. Yale's woods. l 6 ~ nome !
Rutland at half-past eleven in Tue 'iio'
ing. Asia arrived in Rutland, w" Gs
home and got my tools. I saw NJ :. =.
son goingto dinner. He asked me, = ~
was it," remarked, all right. Mr.. . :
son expressed regret that Mr.. Dunn say
me on my return home. Since the hre
have had conversation with MIR. Gllso,
while at work in his house, ana ne salo
"tbat fellow had reported all aroun
that he had seen you on the tram, an
he anneared troubled about it. | toi
Mr.. ellison we must fight them as nal
as we could. Since this affair l wa
sorely troubled, and concluded to mas
clean breast of the whole affair." al
suffer the consequences.
Cross Examination. lived
Port Henry and Burlington; was on
arrested in Rutland on a false charg
have known Mr.. ellison since 1868 col
menced negotiations with Mr. Gils'
about exchange of property some mont
since had first talked with Mr. Oils
in his store. Under the circumstanc'
made but little objection to the bul
1sg of the building. | agreed 10 pu
M building, and he agreed ito pun 9
literally" and ''clear out the deco u
he would pay literally if | would pu
the house. knew it was crime 70 Du
The building. The second time s.
him he asked me "when are you goi
nm there Ed" knew what he mea
by that expression. told him VOL
think It over. Next Monday sa" u
Gibson near my house had a talk W