Allens Stephens having been sworn, testified that he was standing in the piazza of his house of Friday afternoon last between 4 and 5 oclock; that his brother, Moses Stephens, came to his house, that George Haile, Betty McCoy, Fanny Stephens, and William McRa were there also; that Moses Stephens had a gun and said that he was going to shoot; heard the gun fire and turned around, then heard Hetty McRa say that Moses had shot her; thought she was joking until she fell; did not know of any ill feeling having existed previously between deceased and Moses Stephens; as soon as deceased fell, Moses said that there had been no shot in his gun and that he did not intend to hurt any one; that Moses Stephens was about ten or twelve steps distant from deceased when he fired the gun; that Moses had been drinking some but was not intoxicated.