I was in front standing by the fire about that time I heard a pistol shot. I stayed in the house about five minutes I then came out and heard some on grunting in the [?]. Mark Paul and myself went and found Mr Ouzts and Mr Paul asked him what was the matter and he said I am shot He asked where he was shot at and he said in the stomach and that Dick Lundy shot him about that time Mr. Ouzts says hold up my head and I done it.

When Billie and myself walked up Billie caught hold of Dicks left arm in front of McHughs saloon. He did not have pistol in hand. But I did not see what pocket he taken it out of he tried to slip it to a negro and I knocked him off. Willie Covar got the pistol. He pulled his pistol out. There was two colored men standing near him I did not examine pistol atall. I saw Billie examine it and it was loaded all around. He pulled away from Billie when first arrested. The negroes did not attempt to Keep us from arresting him but tried to get his pistol

Billie Pual and Tom Paul came up town and arrested Dick and put him in jail I got Dicks Pistol as he dropped in on the ground. He was trying to slip it to a negro standing by him but the negro did not get it