says about Eight oclock A.M of this day the Parties met and spoke Good morning thinks James H Jones spoke first the deceased in getting down from his horse threw of his coat cursed Jones and said he could hip him Jones said he did not want to have anything to do with him that he could not fight you both Jone past by and the deceased followed him and still continued cursing Jones as he advanced Jones turned hi horse across the road drew his Pistol and shot at the deceased once or twice before he god down from his horse Jones then got down and bursted a cap at the deceased and then fired the Pistol again at him witness was uncertain whether the cap was bursted before or after the third fire