J. Fletcher Gap[?] sworn says that himself the Decd William S Humphries & E. J. Fowler were acting as patrole on the morning of the second Inst and went to the House of John Lainer[?] and at one of his negro Houses Known as Lauras House. Witness says they thought there was some person in the House Witness & Fowler was at the Back fo the House. Humphries and the Decd was at the front. The Decd called Fowler & said some one was in the House Decd had a piece of wood & prized at the window but could not open the window. Witness heard decsd say hold on boy & I will bring Dr. Hix ^at that time Humphries &Fowler had hold of Mayer Witness came them to the front of the House and saw one N.R.E. Meyer with a pistole in his hand out side of the House or about the door making his way off toward the front grate. The Decd said boys let us catch him. Mayer stoped beside a Large oak and said boys ^or Ed[?] God Damn you don't follow me. The patrole stoped and Meyer walked off toward the said gate. Decd said boys Let us catch him & whip him. Meyer went out at the gate and walked ^or Started down the Street (East) Witness says that the patrole all stoped and spoke of Indicting Meyer. The next morning the Witness ^said to the others in [?] for [?] remarked that they Return to the House and patrole the House Decd said that he had Left his over coat in a tree they would go back which they did and patrole the House. Witness got & gave Decd ^his Coat and was Returning Speaking of Indicting of Meyer. Came out of the gate & Witness in advance Humphries Fowler & Decd in his Rear. Witness saw Meyer standing on the corner of the Street. The patrole coming up & Meyer started down street with a pistole in his hand and when in a a few paces of Meeting Gowler said something to the Deceased. Witness did no know what it was Decd said to Fowler "Yes" [?] is the damed yellow sun of a Bitch. Meyer was on the out side of the side walk and steped of into the street. & said Ed Sims if you call me a damed Song of a Bitch I will Shoot you. Meyer had then his pistole in his hand and in a shooting position. Witness heard something at that time which he thought to be the cocking of a pistole. Decd said Shoot you damed cowardly son of a Bitch or something Like that which witness cannot say in positive terms. Meyer immediately fired & Decd began to [?] about Fowler Jumped out toward Meyer & said catch the Damed Murderer Exclaiming that he had murdered Ed Sims. Meyer Ran off Fowler & Wintess after him Giving alarm