The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1877-11-01

The prosecution in the trial of Gilman at
Augusta, closed Tuesday and defence opened,
when the defendant, Charles 3. Gilman, took
the stand and gave the following account of the
shooting:
After fathers death became mothers agent,
and have since been in that position. First saw
the fence in AS ran right over the well, little
north of the centre. Played around it when
boy. Southerly of the fence has been the home
stead Fence has been there from AZ to ;old
fence in AZ; it has been repaired since. Meadow
occupied continuously as part of the homestead.
Was at home when Mr.. Moves moved the
fence. Afterwards consulted Mr.. Noyes about
the line, and suggested reference. He said
wouldn't leave it out; "you may have just as
much as you ID please" On Thursday
mother said she approved of the removal of the
fence back to its original position, and that
would give directions in regard to the matter.
Acted under my mothers directions, went on
with the crew Thursday, and while removing
the fence we dug out several post holes and
pieces of posts decayed. Soon Geo: S. Flood
appeared, accompanied by Noyes' Frenchmap,
who told US we were tresspassing. The French
man gave me push against the fence; recov-
cred myself, and Frenchman hit me twice; last
time in back of head, stunning me; Flood had
his knife which was taken away by brother
Frazier; saw blood on Frazier's face. Picked
up shovel and struck Flood, 10 meantime hit.
| ting Frazier's hand Anticipated Noyes would
| attempt to replace the fence, and I prepared
myself to resist it. Was alone when L
borrowed the gun and rifle, not knowing
| whether should have occasion to use them.
Had 40 rifle bullets but those in it. Loaded the
| shot gun with light charge-fve shots in one
| barrel and six in the other. Loaded in the
| forenoon and left in an accessible place. Word
| was sent forbiddiDg Mr.. or Mrs. Moves to move
the fence; if they did it would be done at their
| peril. This was about II o'clock on Saturday.
| The hole was cut in the fence in the forenoon.
| While waiting in the house, after dinner,
mother told me they were moving the fence,
| and l went down to the hole in the fence, TAX
| ing the shot gun with me- Fired two shots,
| person within range; fired to warn them off
| and not to hurt them. Fired the second shot,
but there seemed to be no difference in the
| work. Went back to the house and loaded
about the same amount of shot; aimed the
| third shot east OF the men, also; and the
| fourth the same way, no one being in range
Temple street was free from passers. The
second time 1 went to the house brought the
| rifle out with me, and set it up against the
fence. The other shots not making any per
ceptible intimidation, fired the fifth shot from
the rifle, which L thought would splinter the
fence and frlghten them. Then went into the
house and loaded up with heavy charge of
| powder and buckshot, and took aim at Mr.
| Noyes legs, he being a conspicuous figure
| Then fred at John Flood, and saw that hac
hit him on the leg. Took the gun into the house
and loaded again. On going out, met Dow,
who said, "Charles, what are you doing?" Said
I was protecting my property. Dow said, ''You
are endangering the lives of innocent people. "
1 told him to tell them to go away, then. Dow
and Carleton then arrested me, and asked te
see their papers. They said they were afraid Of
me, and didn't know what I might do. They
took me to the lookup; asked me if 1 had
weapons; made no reply; searched me and
found revolver in my pocket. Testified to be
ing roughly handled by the officer at the lock
up, in putting on handouts, etc. Intended t.
wound both Noyes and Flood. On good terms
with Flood.
Judge Libbey charged the jury yesterday in
an able manner for one hour. The jury took the
case at ten and at twelve thirty returned var
dict of guilty of an assault with deadly weap
on with malice aforethought with intent to xii
and murder
The penalty is from one to twenty years i'm
prisenment Gilman is now under bail in the
sum of $4,000 for his appearance one weel
from next Monday, when exceptions are to b.
presented.