The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-05-19
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from them and thrown into the names All tno
saved were valuable horse, belonging
Cornelia. who retired to the shanty on the hill.
Those caught In the house were Grove. Plumb.
stoner,' John Smith, Elizabeth Calkins, Ade-
lnide Glnsicr lnow Plumh,s wiiel Hester cram
were were hanged to the limb Of sugar maple front
ing the house TO exi9rt a confession. Plumb
was hanged twice Having been resuss,cit,a,tssd y, ed
knew and lead AN honest life II his life was
spared. IIe said that Maurice Terry's barn
bbV' bbVV Tom T' Mott. and that Se and his brothers
paid him TO do it. He declared that Mott Was
the man who shot Filkins the secoud time. He
was then taken to Morrisvlle jail, convicted OF
stealing, fined 300, and sent to Jail Tor ninety
days: The family alterward sued tne c2pnW az tno
Plumb says that Francis Herman was one OF
their counsel
THE INDICTMENT AGAINST FILK1Ns.
Filkins's trial was set down for the torn OF
court held in Rome in june. 1867, Attorney
General Martindnle and District-A Attorney Jen-
kins appeared Tor the prosecution, hSSseoe
the ground that II was not legally found and
that the paper purporting TO bo an indctment
was unlawfully obtained from the Grand jury
Afiidavts from several OF the jurors were then
reud. setting forth that the allidavits OF George
Jones' and Charles Bird. two principal witt
nesses were produced and read before them
instead OF being themselves produced MS wilt
were advised that such anldavits we're Just as
legal and competent evidence as though tho
makers OF them we're present and sworn. IL
was shown that Jones and Bird were in tho
streets of Rome when and after the indictments
werefound. An affidavit from Jones was then
vii that was read before the Grand Jury. and
adding that he did not SEQ Fllkins, Of the
Loomis murder as stated in the alleged afiida-
Wit read before the Grand Jury.
Mr.. Conklings motion was opposed by Gen.
6nvnS pleaded tot to the % indictment. @ the notion to
quash or set aside could not be entertained.
MIR. Conklng mado an elaborate argument de-
failing the facts as above given, and dwelling
| specially upon the fact that the only evidence
against the prisoner was that given by, the
| LOoniis family alone. and that the Grand Jury
/ would have failed to find an indictment without
| the affidavit OF Jones and Bird. He closed as
| follows:
The conclusion has been forced upon us that the in
| strumcutsue- public Justice have been seized upon
Gideu means hut a sG 70 suppress the truth in other re-
.rcct'. and to screen the guilty and the favored The
concern the defendant be tried upon valid
Indictment rather than this. Is ny and whole
some that such things be done decenty aud IN order
., The Judges after nm hours consultation, set
| the indictments aside. No effort has been made
| asked Eilkins his theory OF the murder. He
| said that Richard Loucks. one Of the Loomis
| negroes, told him that Jones md Bird killed
| Wash. They came there with afne turnout that
| they had stolen in Vermont. They gave Wash. tho
wagon and harness n nd wanted him to give them
| s75 for the horse. He told them that his negro
| had seen Fikins spotting them. and refused to
purchase the animal. Jones went up to the
| negro's shanty. and asked Loucks where he
| saw Filkins. The negro replied that he had not
seen him at ALL Jones then returned to the
him aSV out 'i''tu'T Of the animal . You hoTght.S
he said. that we would get scared and
nohnnMg N.Y. jones JON then mOt tRreened & ed to ' cut the
! throat Of the horse and leave the carcass on the
farm. He was about to put this threat into exc
cution when Grove appeared. and offered him
5000 Give US sS5 " said Jones'. and take
will close the bargain" Grove said he would
have to run the horse to the mex. station before
he could get the money. and Jones and Bird
agreed to wait. Grove returned after midnight
rs sworn 20 by the old lady before the Coroner.
S morse IN wSSh SR wasR was ns Hd and
Grove sent to the verge q the grave | asked Eed
and replied that he thought il very plausible.
Aftnr Wash. S death the gang went TO pieces.
swamp. and Plumb remained on the homestead.
/ paid him visit. The bark was peeled from
the limb on which he had been hanged. and the
blackened cellar and rusty farming imple-
inents told the story Of retributton. Everything
was hanged 10y Ephraim Congcr aud Asa Stone.
2 son OF the sheriff. He declared that that
b6S n2uSa M was sSd gSndSSrod tS S before
Of powder with them. and wanted to lock the
whole family into room and burn them alive.
There was not decent man among them;
They stole s5S5 in money from his sister. and
Carried of $3.50 belonging 70 the girl Crandall;
No papers were served. and the Sheriff went
back on the hill when his son and Eph. Conger
put the rope around my neck"
! Grove died year or moro ago leaving the
bulk Of his property to Nellie Smith. his mis-
t-ess. His brothers felt aggrieyrd at the will.
and bear no good will toward Nellie. Thirteen
years AGO three of tho gang killed nm old lady
named Crandall. while trying TO rob her hus-
band. reward OF 81 500 was offered for
the conviction Of the murderer. One Johnson,
horse doctor. member of the gang whose old
ago had rendered him useless, was robbed and
murdered about the same time. A reward Of
q 900 wns offered for the conviction of the muir
derrr. The defence In the Beileld trial boldly in
influence OF men who we're endeayorinR
10 get these rewards through the alleged
knowledge that Nell had OF the murder
crs through her Affiliations with the Loomis
gang. She was ready to swear that she heard
Belhold and party giving Cornelia the partiru-
lars OF the murder OF Mrs. Crandall. but the
Court ruled that testimony out on the ground
that she was not in the room ut the time the
Conversation oaaprrei.