saw a difficulty take place between deceased John E. Elsmore he heard Pickens Elsmore say to John E. Elsmore "if you say I stoll your pistol and pocket book I will kill you 9_d_d_[?] on[?] you"- John E. Elsmore replied and said "I do say you stole them"- then Pickens Elsmore struck John E. Elsmore three blows with a pistol was of which hit the deceased about the hsoulders the last blow hitting him on the head on the left side knocking him down and breaking the pistol in two. Witness says that deceased under the influence of liquor before the difficulty but was in his proper sense, but after receiving the blow on his head he appeared foolish, out of his proper mind