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Q

Well tell me again if you please.

A

It was down at his right side.  I said that he had a gun in it.

Q

His right hand?

A

His right hand, yes, sir.

Q

Was down here at the side?

A

Yes, sir.

Q

And did you see the gun?

A

I thought I seen a gun, I thought I saw something glitter there, I would not swear positively it was a gun, it was something that shined

Q

What did it shine on?

A

I don’t know what it shined on, it looked light in the darkness.

Q

Was there any light there?

A

No, sir, there wasn’t any light there.

Q

You know a gun wouldn’t shine if there wasn’t any light there.

A

I don’t know.  It has been demonstrated since that they could see a gun when they couldn’t see anything else.

Q

And if his hand was down on his right side and his left side was towards you, you could see the gun, could you?

A

I seen it at an angle, yes, sir, and after he went by I seen that he had something in his hand.  That was the first thing I said.

Q

You are willing to swear that he had a gun in his hand?

A

I ‘aint willing to swear that he had a gun in his hand but I could see that he had something in his hand that kind of shined, I am not willing to swear that it was a gun now.

Q

Where did you first see this thing at an angle that you are talking about?

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A

What thing?

Q

This gun or whatever it was in his hand?

A

I seen it when he was coming up the road from the store.

Q

And how far up the road did you see it?

A

Oh probably when he was at a slight angle over there, maybe twenty feet, maybe it might not have been that, about that far I should judge.

Q

And you think you saw it after he got by?

A

Yes, sir, I watched the man as far as I could see him, I saw he was carrying something in his right hand.

Q

And was he running fast or was he running slow?

A

Well he was going a fair clip until he got pretty near opposite us.

Q

Did he kind of hesitate when he apparently saw you people sitting there?

A

He walked by us and kind of turned his head when he got over there, slightly.

Q

Did you have any idea at that time that he had done any shooting?

A

I had an idea somebody had been doing some shooting.

Q

Had you any idea that he had done any shooting?

A

I didn’t know whether he had or not.

Q

And was there any talk between you and your cousin about whether he had done any shooting himself or not?

A

Tom said something about he thought he had held Mart up and Mat had shot at him.

Q

Did he say anything to you about this fellow might have done the shooting?

A

I told Tom, I said, “that man had a gun in his hand”, and after

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A

he had gone by Tom said Mart shot at that fellow, something like that.  It was confused.

Q

Before he got to you, where you were, did your cousin or you say anything about this man might have done the shooting himself?

A

This man that was running?

Q

Yes.

A

Not that I remember of.

Q

Well you would be pretty apt to remember it wouldn’t you?

A

Tom said something about Mart shooting at him.

Q

Yes, I understand that, but I’m talking about this man doing the shooting at Mart, was there any talk about that before he got up to you?

A

I wouldn’t say as to that.

Q

You can’t remember any such conversation?

A

I don’t remember Tom saying that he thought this fellow had shot at Mart, he said that he thought Mart had shot at this fellow.

Q

Well now you heard this report of the gun?

A

Yes, sir.

Q

You heard both reports of course?

A

Yes, sir.

Q

And could you see the flash of the light or anything?

A

I was sitting on the west side of Tom, I didn’t see the flash.

Q

And about how far were they apart, that is the shots?

A

Just as quick as you could pull a double action gun, just as quick as they could be fired according to the way I took it.

Q

And immediately afterwards you heard some one come running down the road?

A

No, not immediately after that, it was probably a minute, it

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A

might have been a minute anyway I should say, I would call it a minute, it might have been a little more or a little less.

Q

Did you have any idea what had occurred?

A

No, sir.

Q

And what did you answer when Tom says, “what in the devil is that”?

A

Why I don’t know what answer I did make.

Q

You can’t remember it?

A

No, I cannot.

Q

Now didn’t you consider that it was rather a suspicious circumstance after hearing these shots and then seeing the man run down the road that way?

A

Yes, sir

Q

Why didn’t you stop him?

A

What would you have done if your were there?

Q

I wasn’t there so I couldn’t tell. I say why didn’t you stop him?

A

I didn’t feel like getting out there to tell the truth about it

Q

At the same time you say that you thought that Mart had shot at him at hat time?

A

I didn’t say so.

Q

No, but you said that was the conversation?

A

Yes, sir.

Q

So that must have been in your mind wasn’t it?

A

I cannot say that that was in my mind to tell the truth about it.  After that fellow had got by I thought that fellow had shot Mart.

Q

I am not talking about after he got by but before he got up to you.  So it must have been in your mind that Mart did the

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Q

shooting?

A

No, not exactly.  I didn’t know who had done the shooting.

Q

Well your cousin said so didn’t he?

A

That didn’t make me think so.

Q

Well did you remark anything to him about this man having done the shooting before he got up to you?

A

I don’t think I did.  I don’t remember saying that.

Q

You just simply made up your mind that this fellow had done the shooting himself and you didn’t say anything to your cousin about it?

A

That I didn’t say anything about it?

Q

Yes, sir.

A

I don’t know what I thought about it.

Q

You don’t know what you thought about it?

A

No, I don’t.

Q

Then you didn’t have very much mind with you did you?

A

Well it was a kind of a place where you hardly collect your mind.

Q

Had you ever heard any shooting there in Denison before that?

A

Yes, sir.

Q

At night?

A

Yes, sir

Q

How many times?

A

Oh once I guess.

Q

How long before that?

A

Well it wasn’t very long before.  Now of course I cannot place the date exactly.

Q

I don’t ask you to, I want you to give it to us as near as you can.