Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1880-11-17

important Hearing Before the Cox.s..
and Council.

''''0' VIZ 'lme Of the Executive COun
'''' yesterday "" devoted to a hearing Of
e " and witnesses in the pardon case 0,
Vn''Ie' B. Gilman of waterville, who i,
now serving out sentence in State Prison "a,
'l assault with intent to murder, upon John
''O0u' Inc case is yet fresh in the mind, Of
'ui readers October, 1877, Nj. Gilman
lau a dllhculty with Edwin Noyes, his NEIGH.
oor IN regard to line fence. They could
not agree upon the boundary line which sen.
~rated the two estates. In the absence of
MI Noyes, Gilman had the fence removod
20 where he thought it properly be-
ionged. Upon his return, Mr.. Moves em-
pioyed crew of workmen to put the fence
back again. While they were at work. Gil.
man ordered the men to desist onera,;on..
and, not being obeyed, fired five blank car.
tridges at the party. He then fired a CHARGE
ol shot winch did no damage. The next
charge, however, took effect in the leg of one
Oh the men, named Flood Mr.. Gilman was
arrested and lay in Jail fourteen DAYS. when
he was released on bail, remaining at liberty
until the October term of court, 1879, when,
Judge Libbey sentenced him to three wears
Imprisonment. The penalty, as provided by
statute for such offence, is not les, than one
year nor more than twenty years in State
Prison
Since the incarceration of Mr.. Gilman pub
lie sentiment apparently has changed consid.
erably in his favor. Four petitions were
presented to the Governor and Council yes-
terday. There was general petition signed
by nearly six hundred of the legal voters of
Waterville; another signed by thirty men,
bers of the Kennebec bar; third signed by
eleven Of the jurors who sat on the case
and fourth signed by about fifty of the bus
mess men of Augusta. The ground taken
was that the prisoner had been sufficiently
punished, the assault having been committed
under mistaken ideas of law and rights in
defending property. Ezra Brett, Esq, of
Bangor, and Reuben Foster, Esq, of Water
vile, appeared for the petitioners, and Joseph
Baker, Esq, of Augusta, and .E. F. Webb,
Esq, of Waterville, appeared for Mr. Noyes.
Mr.. Brett opened the case before the hon
orable Council. He called attention to the
general character of Mr.. Gilman; recited
the circumstances under which the unfortu-
nate action occurred; presented the petitions,
and read numerous letters from prominent
gentlemen expressing a hope for leniency on
the part of the Governor and Council.
After Mr.. Brett had concluded, c. II.
McFadden, Captain George Jewell, l.. f.
Thayer, Prof. Moses Lyford, c. f. Gray of
Watervilc. and J. II. Manley of Augusta,
were examined. They testified as to Mr..
Gilman's former character, and stated that
he had always borne an excellent reputation
for veracity and integrity that he was labor
ing under a misrepresentation of the law, and
that he had been sufficiently punished by his
years imprisonment to subserve the ends of
Justice. The remainder of the time during
the afternoon and evening was occupied with
listening to the pleas of the council on both
sides The case will be thoroughly consid
cred by the Governor and Council, and de-
cision rendered in few days.