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J.R. Holmes sworn, was present at the corner of B & Y streets on 28th inst. between 8 & 9 P.M. H & P had been quarrelling. H requested him & S.J. Young to walk out, the difficulty was to be settled, that P. was to apologize to him. He went out to assist in settling the matter. No apology however was made & they continued quarreling. Heard H. repeat to P several times if you approach me I will shoot you. H had a pistol in his hand part of the time presented to P. P had a stick in his hand, did not see it raised until H. fired, thinks it was raised them, can't say positively. Saw H. fire the pistol at P not more than 3 or 4 feet from P. Saw P. fall. Did not fall flat down. Had his legs rather doubled under him. Heard P. reply when H threatened to shoot him, shoot & be damned.

A. De Leon M.D. sworn. On 28th inst. between 8 & 9 P.M. was passing into Davis Hotel when he saw at the corner of B & Y streets H. & P. quarrelling. H. had a pistol presented towards P. & P. a large stick in his hand, no raised. Heard H. say to P. if you strike me I will shoot you. P. replied "shoot you son of a bitch," that & much more profane and indecent language. He, the Dr., then walked off for some time, then returned to the inside of the window & saw them in much the same position. H. appeared cool, but much determined. The deponent again turned off when he heard the report of a pistol, heard some one say, P. is killed. Went out and saw P. Found he was not dead, but was ablet o walk to his room some 350 paces from where he fell. He examined him and found a round in the left side as if made by a ball. Did not at first think the round fatal from the slight examination he made of it. He called again next morning and found his pulse feverish. At 11 A.M. called & found he had thrown up the oil he gave him in the morning. Had had no operation from the bowels. At 1 P.M. called & found a great change for the worse, cold & complaining of pain in the back. Gave him stimulants but reaction took place, and he gradually suck until near 8 P.M. on the 29th when he called again & found him worse. Determined to open his bowels was preparing an injection, but he died before he could get it ready. Died easily, without a struggle. Believes he probably died from the effects of the round. Abraham DeLeon, M.D.