FIRST WITNESS, Belton Evans, duly sworn testified as follows: Parker Ratliff, Rebecca Ratliff is his wife, Bertha Evans, Buck Ratliff and his wife and children ride up at the door steps. About twenty-five feet from the steps. All of the rest of them went in the house except Farquer. He was sitting under the steering wheel. The glass was down. I got out of the car and went and set on the door-steps and James shot. He shot Farquer. He hit him in the right side under his arm. No words were spoken between them right before the shooting . . . James went back in the house and there was a scuffle between James and Berth. Rebecca did not take any part that I know of. James got his arm scratched. Bertha broke loose and run out the back door, the James went out the back door following her. He shot his wife. She was about the edge of the wood pike. Farquer was right on the wood pile when he fired. I did not hear him say anything to his wife r warn her that he was going to shoot. She asked Hames not to shot her any more. I did not see her. I heard James say that she was sitting up when she told him not to shoot anymore. He fired a second shot. That shot killed her. . .
Affidavit. . . James Evans, who, after being duly sworn, doth depose and say. . . He states that on May 31, 1941, he and his wife separated . . . He states that he is Superintendent of the Sunday School and a Deacon in the Church at Mt. Olivet Church, and that Bertha got to the place that she would not go to Church with him, and that she favored what he thought was to be the inducement of Farquer Ratliff . . . I do not know that my wife was having anything to do with any other man, but I have had some suspicion. . . He was using a single barrel 12 gauge shot gun. When he shot Farquer, he went back into the house, and the Bertha ad Rebecca grabbed the gun and they trussed with him until the gun feel out of his hands. He states that he intended killing Bertha, his wife, last, as he wanted to punish her before he killer ed. He wanted to talk to her and tell her just what all she had done. He states he intended killing Rebecca first and then his wife. He wanted to get all of them before they left and got away. After the tussle, Bertha and Rebecca ran out of the house and he followed. They ran down the road from the house toward the public road. Just as Bertha was about at the edge of the yard, opposite the wood pile, he was by the north chimney, and fired the first shot at her. He thinks she was hit about the waist, and she turned around facing him and fell to somewhat sitting position, looking at him, and he was advancing toward her all the time, he reloaded and fired another shot which he thinks hit her about the right chest or breast, and she fell over in the road, where she was sitting. He was shooting to kill her. . .