The Portland daily press., 1883-11-29
GILMAN VS.. MOVES.
Decision IN Celebrated Kennebeo
County Case.
Judge Virgin Decides in Favor of Noyes-
A Well of Water and How 1t Figured as
AN Important Factor in Law Suit
History of the Case.

AUGUSTA, Nov. 2S.-Judge Virgin fled with
the clerk of courts for Kennebec county, today,
his decision in the celebrated case of Charles
b. Gilman VS.. Edwin Noyes, both Of Water
vile. This, it will be remembered, was Pc
tition for a review of the case. Judge Virgin
denies the prayer of the petitioner.
The case has been on trial twice. the first
time the jury disagreed and the second time
the decision was in favor of Mr.. Noyes. It
was dispute in regard to piece Of land in
Wateryille, 129 feet long. four feet wide at
one end and five at the other. On account Of
this Insignificant plot OF ground thousands OF
dollars have been spent. The original claim
| aut has long since died, as has also the next in
| line of succession 10 whom the suit came One
| claimant has served term in the State prison
for attempt TO kill.
HISTORY OF THE CASE.
| Thirfy-fve or forsy years ago the late Tim
| othy Boutelle of Watervllie and his nearest
| neighbcr used as we'll a peculiar contriv-
apce, built by first siuking hogshesd and
| then building sort of second story on top of
| this out of timber and plank The whole con-
trivanee was IN reality sort of cistern. This
WILL or cistern was exactly on the boundary
line, and became very important factor in
the great contest. The nsighbor u ing from
this in common With the Boutelles was Mr..
Gilman, rttired tea merchant of. for those
days, great wealth. He bad been twice mar
ried and his second wife was person of great
energy of character. and more than ordinary
tenacity of purpose.
Before eth. r Boutelle or Gilman had come
to regard this little strip OF land as of any
consequence. the Gilnsus claim that the old
well gave out, and 1T was finally decided to
dig we'll few feet her up than where
TIE old one was situated. Tits was according
ly d, ne. The old well was filed and in time
green grass grew over the place where 1T was
| placed.
Mr.. Boutele was possessed of a lovely
daughter, and to her Mr.. Edwin Noyes paid
court, aud hually married her In time new
survey was made for some purpose, and the
deeds called for a line running so many feet
aud inches from the centre of an old well.
The surveyor, of course, ran his line from the
visible well This brought the Giimans 10 the
front, and neighberhood row was inaDgur-
ated, which continued with ever iDcreas ng
ferceness. In time both Boutelle and Gilm n
| died, and the feud descended as we'll as the
property to the next heirs. In this way Mr..
Boutslle's daughter, who had married Mr..
Noyes, fell heir to the trouble. Mr.. Moves
was lawyer and man of means. The feud
now grew to still greater proportions. Mrs.
Gilman was determined to have the strip of
land mentioned above. Mrs. Noyes, through
her husband, was determined to hold the
same piece.
In the years that passed the line fence had
been moved backwards aud forwards. but fl
naliy huge solid board fence was erected by
the Gilmans. This, Noyes, by means of his
surveys, running from the only visible well,
| determined was all the way from three inches
| TO four feet upon his territory, and he pro-
| posed to put it back to where it. in his judg-
| ment belonged. This the Gilman interest
represented by son of the second wife, Mr..
| Charles Gilman, decided Noyes should not do;
| therefore, borrowing double-barreed shot
| gun and sharpsh 1oter's ritie, Gi man posted
| himself for defence. In time platoon ol
railroad men appeared under command oi
| Mr.. Noyes, who was superintendent of the
| Maine Central Railroad. The force was large
| enough SO that by dividing the 12o feet of
fence into sections it could all be moved in fouf
or five minutes. This was something Gilman
| was not prepared for, 80 he concluded to put
| the commandment chief hors d "a combat. With
| this end in view he poked the shotgun
| through the fence and opened fire on Mr..
| Noyes. Noyes was unhurt, but two or three
| scattering shot hit two Of the workmen. Gill
| man was secured, and the fence was moved
! according to Noyes' original programme.
| Fer this shooting the case came into the
higher courts, and during the trial the sterling
| honesty OF young Gilman was shown in an un-
| expected manner. The v.dence when id, up
| to the time when Gilman took the stand, was
all to the effect that the shot, SO far as could
/ be found, had all struck very low, and Gill
| mans counsel told him If he should swear
| that ne only intended to scare Noyes and his
| men away, and did not mean personal injury,
that he would probably go free, but If he tes.
| titled differently he would, in all human prob
ability, have to go to State prison for term OF
| years "But did meau to hit him; meant
| to stop him then and there, and l can't swear
| otherwise and he didn't He WAS convicted
| on his testimony, sentenced to State prison
/ and served out his term, gaining the best will
of the officers and receiving every hour of COM
4 mutation allowed for good behavior.
As soon as he got out of State prison he be.
| gan to collect new evidence, and came before
| the curt asking for a review of trial which
| was held while he was in prison, and which
| was fought by his mother, since de
ceased. at this trial, which resulted favor.
| ably to Noyes, the court refused to hear any
| evidence tending to show the existence of the
old well. Gilman brought some ninety wit
nesses and. affidavits bearing upon the case,
among them one from Governor Benjamin F.
Butler, who was conversaat with the pre-
mis- in his younger days, while a student al
Colby University. rhe Governors disposi-
tion was characteristic he clinching his state
ment in regard to his recollection of the posi-
tun of certain gate on account of his re-
| ceiving severe bruises upon one hand at one
time while passing through it.
| The RESPONDENT, however, produced evl
dence to show that the well newly discovered
| by Gilman was not the old well az all, but ar
other well, dug on a different occasion, ant
tsat the visible we'll is in fact the old boundar
marx. In view of all the evidence, Judg'
Virgin decides that the petitioner for review
has not made out case.