John J. Moore, being sworn, testified as follows: "I heard the report of a pistol and went down towards the place from whence the report proceeded. James Dean and C. F. Crawford and Lewis M. Davis told me not to go any farther, that a Mr. Ralph had shot at them, and that if I went any farther he (Ralph) would kill me. I told them I would go down, and quash the fuss. I proceeded and got in ten or fifteen steps of Ralph. He presented his pisol at me and told me to stop or he would shoot me, but intended to kill some one on the spot. I stopped. Jas. D'Young wanted to get rid of him (Ralph) but D'Young said that he was afriad to leave for fear Ralph would shoot. Ralph said he intended to kill a man before he left. I then told D'Young to come to me. Then Ralph jerked him round, put the pistol at his breast and fired. I then with assistance of Dill procured the arrest of Ralph."