Daily Kennebec journal., 1877-10-31


NAMED up until 1870 She had sent word to
Noyes not to disturb the fence. she had an inter-
view with Noyes, and he tried to convince her
that the fence had always been ia the wrong posi-
uon. She answered him that she had no doubt of
the honesty of her husband. This fall she deter
mined to retake the property and instructed
Charles to replace the fence, TO regain the proper
y and not to Weld.
Cross sramined- Husband showed her several
pieces of property; this especially. Saw the fence
while sitting in u carriage on Temple street. In
1870 she had learned through a messenger that
Noyes was 10 move the fence, and the answer re-
turned from Noyes. Told Mr. Hayden that
wanted a crew of men to do job. This crew
moved the fence Thursday previous to the
shooting.l Did not direct Charles or Frazier to
use force in moving fence. Charles received a
blow on the head from Noyes' Frenchmsn.
Henry Williams of Waterville, testified that he
occupied the house foot of this in strip, "a D, &C.,
and described the position OF the fence and we'll.
Patrick Callary of Winslow, testified that in
1890 was in the employ of Mrs. Gilman; moved
the meadow the disputed territory; fence an
old one, unpainted; thought fence ran over the
well moved up to the fence on the Gilman side
George Maxim of Waterville, testified that he
knew the strip of territory ard fence noted on the
plan impression was that fence across the
well. Was near the grounds ten or fifteen min
utes before one o'clock on the day in question :
came to the raising of the new fence. Saw Noyes
crew come and 60 into the gate with Mr.. Nuyes !;
some OF them had shovels; they went IN and went
to work, commencing on the west end; shots were
fired soon after they commenced work. heard
number of shots fired; saw holes 10 fence; Flood
was wounded saw the wound
Charles b. Gilman, the defendant took the
stand. Is 80 years old, born at Brooklyn, ~ Y.
Home at Wsterville After fathers death became
mothers agent, and has since been in that posi-
ton. First saw the fence in Al ran right over
the we'll, little north Of the centre. PLAYED
around it when q boy. Southerly of the fence
has been the homestead. Fence has been there
from AZ to 80; old fence in AZ; it has been re-
paired since. Meadow occupied continuously as
part of the homestead. Was not at home when
Mr.. Noyes moved the fence. Afterwards con-
suited Mr.. Noyes about the line, and suggested
a reference. lie said wouldn't leave it out; "you
may have Just As much law as you ID please"
On Thursday mother told me she approved
of the removal of the fence back to its original
position, and that would give directions IN re-
gard to the matter. Acted under my mothers di-
rections, went on with the crew on Thursday
aud while removing the fence, we dug out
eral post holes and pieces of posts decayed. Soon
Geo. S. Flood appeared, accompanied by Noyes
Frenchman who told us We were trespassing. The
Frenchman gave me push against the fence re-
covered myself, and Frenchmen 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 Frsziers face. Picked up
shovel and struck Flood, in meantime hitting
Frazier's hand. Anticipated Noyes would at
tempt to replace the fence. and | prepared my
sell TO resist II. W AS alone when borrowed the
gun and rifle, not knowing whether should have
occasion to use them. Had no 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 forenoon and left in an access BILE place
Word sent forbddipg Mr.. or Mrs. Moves TO
move the fence; if they did. it would be done at
their peril This was about IL o'clock, on Satur-
day. The hole was cut in the fence in the fore
noon. While waiting In the house, after dinner
mother told me they were moving the fence, and
uo nj dnu m tha hs.Ia IN shaf
shot gun with me. Fired two shots, aiming east
of the men, there not being any person within
range; fired to warn them off and not to hurt
them. Fired the second shot. but there seemed to
be no differences in the work. Went back to the
house and loaded with increased charge of powder
but with about the same amount of shot aimed
the third shot east of the men, also; and the
fourth the came way. no being in range.
Temple street was free from passers. The second
time went to the hou.e brought the rifle out with
me, and set it up against the fence. The other
shots not making any perceptible intim idston, |
fired the fifth shot from the rifle, which thought
would splinter the fence and frghten them. Then
went into the house and loaded up with a heavy
charge of powder and buckshot, and took ain at
Mr.. Moves legs, be being conspicuous figure.
Then fred at John Flood and saw that had hit
him on the leg. Took the gun into the house and
loaded again. On going out, met Dow. who SAID
"Chares, what are you doingi' Said was pro-
tectiDg my property. Dow seid, "You are en-
dangeriDg the lives of innocent people" l told
him TO tell them to 90 away, then. Dow and
Carleton then arrested me, and | asked TO see
their papers. They said they were afraid of me,
and didn't know what might do. They took me
to the lookup; asked me If had weapons made
no reply searched me- and found revolver in my
pocket. Testified to being roughly handled by
the officer at the lookup in putting on handouts,
etc. Intended to wound both Noyes and Flood.
On good terms with Flood.
Cross eramined.-First made up nv mind to
he ha do hot
Went up with dozen men TO move the fence.
Did not know that Frazer armed Did not
know that Noyes was gone when stated out.
Flood forbid me before using violence. Flood
was on the north side of the well. Did not jump
on choke Flood. Frazer had hand on Floods
head when struck him with shovel. On Satur-
day saw Noyes men making preparations to move
the fence, hauling lumber, etc. Had not owned
gun for fifteen years. Had discharged a gun
within a year. He reiterated the story of the
shooting on the direct. lie had inquired as to
how far the guns would carry, so as to have an
intelligent understanding to what he should do.
Thought the shots would scatter somewhat. Put
the pistol in his pocket the day that Frazer went
away, Friday. Noyes was conspicuous figure,
isce to, when he fired at him.
The court here adjourned until afternoon.
On the coming in of court six additional wit
nesses for the defence were sworn.
j. L. Soule of Wstervile, Trial Justice, before
whom Gilman was brought, testified. At the
court, l.. A. Dow testified that when he went into
the yard to rest Gilman he told him TO go away.
Dow said he was shooting across public street.
said Gilman told him to tell them to go away,
"for Noyes is the man ! want
II. w. Stuart said he atten ended the exam instion
Of Mr.. Gilman his counsel. Said that Dow testi-
fed at court that Gilman said Moves is the man
1 want to shoot" On cross-examinstion Dow had
said it was "Noyes is the man want"
james Flye of Waterville, of Hayden's crew,
who helped remove the fence, testified in regard
TO the transaction.
Richard Furlong of Winslow, one Of the work.
men who removed the fence on Thursday, saw
the Frenchman strike Gilman in the back part Of
the head. Gilman and the Frenchman prev ious
to this had . tussle.
Chas. Z. Cushman was one of the crew who
moved the fence Thursday. but gave no par
tcular testimony.
John Pollard of Winslow. was one of the Hay
den crew. Saw Gilman fire across the field four
times on Saturday. There were men there when
be fred the last shots.
Leonard E. Dow helped remove the fence, and
on Saturday saw Gilman fire four shots.
Albert E Ellis of Winsow. was also ofthe crew
who helped remove the fence on Thursday; no.
tced the post holes heard the firing on Saturday
When the last shot fired the crew left.
Gross erdmined.-Did not see any of the men
south of the fence.
Charles Hewins said he heard the conversation in
yard between Gilman and Dow. Dow says he