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were an unarmed person?" the prosecutor questioned.
“I don’t know what he knew,” Kidwell countered but acknowledged that she had attempted to hide the shotgun from Spellman as she walked to the truck.
“Your brother came over to you, said the police were coming and asked you to leave?”
“That’s true.”
“And you said. ‘Leave me alone! Don’t fool with me. This gun is loaded,’ ” the prosecutor asked.
“Yes, that’s right.”
“At that point, you were mad?”
“I was mad, I was scared, I was sad, I was hurt. I must have had a thousand different feelings,” Kidwell replied. “I was terrified, actually, from the time I got up that morning.”
Asked if she had shouted “Get off!” to Spellman before she pulled the trigger, the defendant initially denied that she had. Asked the question again after she was given a transcript of earlier testimony to read, she replied “That’s what it says there I said to the special grand jury.”
“Then you shot Mr. Spellman and right after you shot him, you yelled, ‘Get off! Get off! Get down!’ ”
“That’s right.”
“You shot Mr. Spellman because you wanted him to get off the right of way?”
“No, sir,” concluded Diane Kidwell.
Recalled by the defense, Roger Kidwell, w'ho did not testify at the first trial, related an incident that involved the dead man. Kidwell said that on October 30, 1982, he and his son-inlaw, Robert Dennis, was cutting firewood at the back of the property, after reaching the wood lot by the right-of-way and going around a gate Saltonstall had put up across the road. About 4:30, Spellman drove up on a three-wheeled motorcycle, a rifle in a seabbord attached to the rear, Kidwell said. “He stood and looked at us for a few see-' onds and then he asked w hy I’d cut the locks off the gate. I said I didn’t do it, that if I was going to cut the locks off, I w'ould have done so months before. He asked if I’d lifted the gate off its hinges earlier. I said yes but that there’s been no damage to the gate.” Kidwell testifed.
According to the defendant’s husband, Spellman then invited him out into the right-of-way, saying “We can settle this right here and now'.” Kidwell described the farm foreman as looking “crazy, wild.”
Kidwell said he sat on the tail gate of his truck. “I
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