Darling Gaskins sworn says that on the evening of the 10th of Sept. 1868 Inst. an hour & a half before sun set he was with William Elliott in his plantation getting fodder. the deceased John Roe came & when within eight or ten steps of where he (Gaskins) & Elliott was Roe said to Elliott have you your gun. Elliott said no. Roe said God damn you go to the house & get it. Roe then advanced towards Elliott & then Elliott grabbed his [?] & told him not to let him kill him. Roe told him (Gaskins) to get out of his way. He told Roe he could not, he could not get loose. he Roe told him if he did not get out of the way he would kill him. Roe then struck him, Gaskins, with a hickory stick over the head & knocked him down. when he got up he came away. didn't look back & didn't know what was done but heard the report of two guns. thinks he was about 150 yards from where the body lies when he ehard the report of the guns. Darling Gaskins

Wesley Bell sworn. Says that on the evening of the 10th of Sept. 1868 late in the afternoon he went to William Elliott's. Mrs. Elliott said to him do Wesley run down to the field & tell Mr. Elliott that John Roe had just left the gate with his gun & stick and said that he was going to kill him. when he got in fifty yards of the field he heard some of them hallooing & the dog Barking. the first gun fired when he got in about fifty yards of him but he was in a bottom & could not see the men. he walked up in about ten steps of them & stopped. Roe was lying on his back & Mr. Elliott was setting on him & had a Bowie knife in his Right hand & choking him with his left hand. a double barreled shot gun was lying close side of them. when Mr. Elliott saw him (Bell) he threw the knife out of his hand & got off the deceased & picked up the gun. Roe then rose on his knees & asked him "will you not give me my gun"? Mr. Elliott said I have been provoked by you ever since last spring & I'll keep the gun. thinks he said he would present it at the court house. Roe then walked off about 40 yards. he turned round & said Bill Elliott you may keep my gun but God damn you I'll kill you before Satruday night. Elliott then started off from where they were fighting in a tolerable fast trot after him. when Roe got tot he fence thinks Elliott was in some fifteen or twenty steps of him by the time Roe got on the fence. thinks Elliott was in ten or fifteen steps of him (the deceased). When Roe got off the fence he turned & saw Elliott & said don't shoot me & immediately the gun fired. Elliott came back he asked Elliott if he killed him. he said he thought he had. asked him where he shot him. said he thought it was where the wound is on the back of the body. He & Elliott then went where he was & saw him where he is now, flat of his back, [?] the fence which Roe crossed, was a cross fence which divides Elliott's two of his fields & that Roe was killed in Elliott's a field of Elliott's joining his cow field. saw the scabbard of the bowie knife on the [?] body both before & after he was killed. Wes Bell.

William Elliott sworn says that on the afternoon of the tenth of Sept. 1868 he & Mr. Gaskins were on the plantation taking up fodder. saw John Roe coming his gun & stick. he Elliott turned back to where Mr. Gaskins was & told him there comes John Roe & when he came within 30 or 40 yards he presented his gun towards them & came within a few steps of them & cursed him & Mr. Gaskins. Mr. Elliott was behind Mr. Gaskins, told him, Gaskins, to get out of the way ro he would kill him & struck Mr. Gaskins over the head with his stick & knocked him down & then struck him Elliott on the left shoulder with his stick & while he was striking [?] was trying to keep the muzzle of the gun off his body & staggered & roe became tangled in the pea vine & he Elliott covered him & caught him by the throat with his left hands in scuffling some how his Elliott's right hand thinks went into his mouth. he caught it in his teeth but he Elliott choked him until he let it loose. by this time he brought a scuffle & turned him Elliott under & then he Elliott turned him Roe under again & flung his right arm over him, then he (Elliot) got on him (Roe) again & saw the bowie knife. his vest flew open & reached with ihs right hand & got it then tried to make use of the knife but he grabbed his Elliott's hand about the wrist for fear he Roe should get some advantage of the knife he flung it as far as he could. then some how he got hold of the gun & then he Elliott got hold of the gun & shoved it off as well as he could but still kept chokin him & after a while he fell to begging. by this time he Elliott became pretty well [?], said if he would let him up he would go home & behave himself. then he got up & walked off some 30 or 40 yards towards the fence, Roe said Bill Elliott you may shoot bug God Damn you I'll kill you before Saturday night & then he Elliott hastened after him, then he ran up in some five or six steps & fired on him & he fell.