A H Gardner was duly Sworn & deposed he was present at the death of the decd as stated by the witness Just Sworn. That he some how or other accd information on the morning aforesaid that Mr S P Bailey was in some personal altercation at Mr Nathans Tavern; that he stopd to the house for the purpose of Learning the nature of the affair that when this deponent stopd in at the door Mr. Baily & the decd were facing Each Other & Bothe Looked angry. Mr Baily Enquired of the decd why he abused Mr Nathans; or that Man alluding as witness supposed to Mr Nathen. Told the deceased to Look at his Eyes the deceased then pushed Mr Bailey Several times at one time this deponent Saw the decd push Mr. Bailey against the wall. Mr. Baileys hat then fell off something fell out of his hat. He (Bailey) then took up his hat gave one [?] from the wall drew his pistol & fired on the decd. Mr. Bailey was then taken hold of by Mr. Ming[?] & the witness Took the pistol from the hands of Mr Bailey & Threw it in the fire.