Mary Ann Marthas sworn. Half sister of deceased. About three weeks ago as I came to Mrs. Brewer negro house I met Kimball Brewer coming up to the gate. He said good morning and asked me if [?] had got in the notion of whipping him yet. Told me to tell her for him he was going to give her a good trashing, had his knife in his hand opening and shutting it, and said he would cut her dam-d liver out of her if he heard she made her bragg of whipping of him, he would let her know he would cut her dam-d throat the first time she passed that road he would cut her dam-d goozle[?] out Mary Ann her mark Marthas

Benj. Nettles sworn saith the deceased was known by the name of Elizabeth Marthers alias Stapleton. On Friday last heard Kim Brewer using violent language with respect to the deceased, having an open knife in his hand, using horrid oaths, said he would use his knife on her if she ever struck him again. Benj. Nettles.

Z. Cantey. One of the jurty gave the following testimony. About three weeks ago C. Kim Brewer called at my house, was in the field at the time. My negro boy said Kim had got a whipping. Paid no attention to what he said. On getting to the front of the house I saw Brewer. He said I want to speak to you. After that he said I got a hell of a thrashing today. Witness said he laughed and observed to him I suppose you deserved it. I asked who by, he say by this dam'd woman Eli Mathers. I ask him what for, he said he had sold John Bass some [?] that he had gone over there to settle with him, that Bass made a Bill amts to about [?]10 for a [?] against him, Brewer, when he [?] Bass. While he was doing it this woman took a brush and flailed him and his horse. He said he intended to whip her. Zack Cantey.

D.W. I. McKain. Foreman of the jury having been sworn as foreman gave the following testimony, that he heard the testimony of Charles S. West, and that it is substantially true. After discovering the body of the woman I went up to it & examined the wound. It was appearantly done with a knife or some sharp instrument immediately below the ear nearly opposite the angle of the jaw about 1 . . . inches in width and open in depth from the quantity of blood. Suppose she died from hemorrhage from the crotid artery. The wound was on the left side of the neck and she must have died a few minutes after receiving the wound from the appearance of the ground where she had received the wound, the blood had spouted some six or eight feet. Witness had been in the habit of seeing him (Brewer) for five or six years on this occasion did not appear sober though I have not seen him more sober for several years. W. McKain, M.D.

Charles S. West sworn. Saith Dr. McKain and myself were at the road on Thursday, April 17, 1851 near Vaughn's place, met a boy on the way down who told us that Kimball Brewer had killd Eli Mathers alias Stapleton, that she was dead in the road side near Whetstone[?] Branch. Drove on, Dr. McKain saw the woman lying on the left hand side of the road. I jumped out and said I thought she was dead. Dr. McK also got out and looked at her, put our fingers in the wound which was warm and appear to have been stabbed with a knife. Could not have been dead more than half an hour. Appeared to have walked there, did not seem to have been dragged. Tracked back by the blood about forty yards and there found where she had been stabbed. Came to see K. Brewer if there was any evidence of blood about him. Sent away to Dr. Milling to meet us at the dead body when we went to Brewer's former residence. He was not there. Saw Rich Nelson who got Mr. Jackson & [?] Graham. When we returned to the body no one was there. Two or three women came then did not know them. In a few minutes Dr. Milling & Zack Cantey came to the place and examined the body, proposed to go to Brewer house. All the men above named went except Dr. Milling. When we got near the house all stopt except Dr. McKain and myself who went up to the gate of K. Brewer's house. Dr. McK ask'd a negro girl if Brewer was in, said he was. Ask'd him to come out that he wanted to see him. After repeating twice that he wanted to see him Brewer came out. As he walked out he smiled and said Wylie I am almost ashamed to see you in such duty [?] After some little conversation which I did not hear distinctly but heard him Dr. McKain mention Eli Mathers. So soon as Dr. McKain mentioned her name he seemed excited, throwing back his coat, and said let me get my gun. Dr. McK remarked it was no use for him to go. At that time Dr. McK got him near the gate. Zack Cantey who came up ask'd him where was his knife, to which he made no answer. Dr. McK & Z. Caney searched him and found no knife about him. Dr. McK & Z.Canty delivered him to Mr. Graham & Nelson when we there went in the house but so no appearance of his having changed his clothes or any sign of blood. But [?] Brewer denied ahvign killed the woman after we came out of his house he asked Z. Canty if he would not go his security. He told him no but that he believed he was guilty. Put him in the buggy along with Dr. McKain & I rode beside in [?] back. After starting he said he wanted his money, called to a negro women to bring him his pocket book which she did. Appeared restless and Mr. Jackson went along with us. From his house to Sander's Creek was very sullen, not answering a question that was ask'd him after passing Sander Creek. Motioned to Jackson to go back, which he did. After Jackson left us met the boy who first informed us with a cart. Spoke to him and told him to stop. Got out of the cart and came to us. Dr. McK requested him to tell us how it happened. He commenced telling us. Brewer at first did not seem take much notice of what he said but in narrative of the affair by the boy he said you lie, did not she strike me twice with a stick. He Brewer said he made to lunges at her with his knife. We then drove on. On rising a hill a short distance from there he said when we rise this hill I will tell you all about it. He said he met Eli Mathers (alias Stapleton). He said to her good evening Miss Elizabeth. I hear you are going to whip me. She said yes she could do it. And that she came at him with a brush or stick and beat him across the head. Witness said to him you did not go to kill her Kim, to which he replied, I have not said I stuck her did I. He Brewer said if she was killed John Bass did it because he was jealous of her. Bro Elerbe witness after that heard him say nothing more only about giving security and employing a lawyer. C.S. West