Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1877-10-30
local AMI State Nems.
CUNNING FOR MEN,
THAI or Gflman, the Waterville shootist.

IL.
the chief actor in the shooting affair at waterville,
where there was such free use of firearms, COM
menced yesterday at the court house. large num-
Der Of spectators being present. The case is
conducted for the State by Z. F. Webb, ESQ,
county attorney. The counsel for the defence
are Reuben Foster, Esq, E. F. Pillsbury, Esq
and w. P. Whehouse, Esq.
Mr.. Gilman, the gentleman arraigned on a most
spectacle family. He is about thirty-fve years of
age, medium height. dark hair, full-bearded fair
complexion. weighs some 100 pounds, and would
be reckoned good looking man. The shape of
his head is not in his favor. He does not have the
appearance of "hardy son of toll" or Of having
been subjected to the hard knocks of life.
The defendant filed plea in abatement to the
Indictment on the ground that the venres upon
which the grand Jurors were drawn, were not is
sued forty DAYS before the second Monday of Sep
TENDER, as required by law, but were in fact issued
on the 10Th day OF September, A. ID. 1877. The
State demurred to this plea. and the court sus-
tanned demurrer, and required the defendant 10
plead over TO the indictment
The indictment was read, the chief point of
which is that on the afternoon of the 18th Of Oc-
tober, inst Charles Is. Gilman of Watervile, fred
upon John Flood. with intent to kill said Flood,
and wounding him. the affair being premeditate 4.
A jury to try the case was drawn from both juries
but two persons being challenge by the delenc,
The following is the jury:
?. n. Barstow. Gardiner; WIN. w. Hsnkerson,
Chelsea; Sam'l b. Tafton, Wsterville; Robert l..
Clark Augusta; Frank Trask, Windsor; David
L. Neal, Augusta; Ira ID. Tracey, Rome; Samuel
Davis, Sidney; james n. Wing, Wayne; Isaiah
Hswes Vassslboro'; IIartwell c. White, Bel
grade; S. c. Jordan, Halowel.
Robert L. CLARK of Augu Ia was appointed FORE
man.
Mr.. Webb, the county attorney, proceeded TO
address the jury, presenting the case as it would
appear from the evidence 10 civil cases. where
dollars and cents make the issue, you are to de-
eide by the prepondefance OF evidence. This is .
criminal case, and, is far more important; and
the government is obliged to make out its case
beyond any doubt the crime must be thoroughly
established. We start out with that knowledge
and will meet it with the proof. The first count
of the indictment is intent to kill and murder the
second, intent to kill and slay. He showed the
difference between killing and murder; as IN case
Of hanging, by law, the man was killed, but not
murdered. The difference is In the intent and
der with malice must be something contemplated
beforehand. The third count describes the man
ner 10 which it done. Four verdicts may be
rendered in this case-hrst, intent to kill and
murder; second TO kill and slay; third, assault
and battery; fourth, not guilty. lie cited law
cases defining malice. Government must prove
criminal intent to do bodily harm, mischief wrong
There are in Wsterville, two adjoining lots Of
land. one owned by the late Nathaniel Gilman,
the other by the late Mr.. Boutelle. The latter
lot is now owned by Mr.. Edwin Noyes. On tie
afternoon cited in the indictment, Mr. Noyes, with
Q crew OF men, was moving fence, when they
heard the discharge of gun, and, apparently,
some bullets passed them. They first thought
that some one was shooting for partridges, but A.
they saw smoke arising from q board fence near
Gilmsn's they went down and found Gilman who
had been shooting at the workmen, . distance Of
some nineteen rods.
Many persons passing on Temple st. had been
exposed to fire, bullets had gone through u
board fence, and struck upon q stone wall hey ona
where they had hsttened out.
1t may be claimed by the defense that trespass
WAS committed; If so, no law will justify the
means used to suppress il.
John Flood Que of the workmeu on the fence
was shot in the leg; the physicians were unable
to find the ball, although 1t was probed for;
other workman WAS hit by q ba in the wrist, and
two other shots went through his hat and pants
another had the skin taken OFT his arm by q shot,
two balls penetrated the clothes of another.
Gilman WAS found behind high board fence
having single barreed rifle with two chambers,
also double barreled shotgun, which 1t seems
he had borrowed. The man who loaned them to
him said he shouldn't do so if he was gong to
use them for improper purposes.
His hired man had purchased for him the shot
and powder. Gilman had ordered him TO pur-
chase shot which would kill man at the distance
of thirty or forty rods. 1t was very large buck
shot, almost as large as q bullet. A hole WAS cut
in the fence by Gimsn's hired man, and through
this hole all the shot was fired. The officers went
down and enquired OF Gilman il he knew what he
were loaded when he was seized by officers Dow,
Carleton and Hill. He said they were trespassers
on bis premises and be bad ordered them away.
He said be had no other weapons, but the officers
found 10 his hip pocket seven shooter, loaded and
cooked.
The government W i'll claim that the fact of bor-
rowing the gun and obtaining the ammunition
ETC., showed that the affair had been planned de-
liberatey and with malice. After being arrested
Gilman asked who was wounded, and on being
oil at n uaa ha pltad Rr
that's the man want" Since that time. in the
Cony House, in this city, be has said that he was
glad it was done.
Several witnesses for the government were CAL
ed and sworn, and plan of the premises shown.
Solomon W. Bates, civil eng ineer of WAtervlle,
was the first witness.
He had made the survey which had been ex-
hibited. He described the clay of the land, -
the board fence through which the shooting was
done, etc. II is 1913 feet from the Gilman board
fence to the Noyes garden, eight bullet holes in
the fence, &c.
Gro" Eramined-Noycs garden he thought in
clned towards the southeast. At the east end
the fence had been moved about feet 10 inches,
as he thought
Edwin Moves of Waterville was sworn and tes-
titled that previous to the affair he had been absent
during which time certain changes took place.
He described from the plan the position of affairs.
After hearing that fence had been removed on his
lot be employed men to put 1t in position again.
He went with his men to put the fence in po-
siton again, beginning on the westerly end. As
they commenced to work, he down to the
bigh board fence, one was in sight-nothing in
the open field. He saw smoke and heard the
explosion of the gun quickly there WAS another
discharge, and men remarked there were balls;
the third discharge then came, and picket in the
fence near where he was standing was punctured
by what be supposed to be ball, it was about a.
high as his shoulder, and Is inches from him.
Soon another discharge. and seeing to the east Of
him q constable and deputy sheriff start to run
towards the place where these discharges were
made. While doing so, there were other dis
charges, and various pickets were punctured. He
recolected seven discharges. The men had COM
peted the removal Of the fence back to its place,
and were passing out Of the yard. On the last
discharge John Flood pulled up his leg. He
drew up his pants and he saw Flood show his leg
and the blood streaming from his wound. He
testified also to seeing the result of the other
wounds. the holes through the clothes, etc. Spoke
of the perforstions on the board fence, splntered
off on the street side. On the granite wall were
indications that leaden ball had struck it and left
an impression. Many persons passing on Tenn
pie street were exposed.
Gross eramined-Saw three impressions of bull
lets on Granite wall. He WAS notified before
dinner by lad that Mrs. Gilman had warned