[?] D. W. Lathon[?] was next [?] and testified. That the Deceased came into Mr Pettiemors[?] store and was between nine and ten oclock in the morning and was taking liberties and acting as "Bass" of the store, was under the influence of liquor. He was calling in [?] and treating [?] to whiskey cigars & oranges. He was asked to quit it, and deceased replied to mind your own business. Then left the store and returned about four oclock in the afternoon, and inquired for Mr Pettinew[?]. The Deceased walked out, and very soon returned with Mr Pettinew[?] to the store. Deceased & Mr Pettirew[?] had some words about the way he had behaved, when Mr. Pettinew threatened to put him out the door if he did not hush. Deceased used some abrupt language to Mr Pettinew then he pushed Deceased out. Deceased falling on his right side & shoulder. Deceased got up immediately and said that if he was sober he would not do it. Mr Pettinew then caught Deceased and rolled him in the ditch. Deceased got up & drew his Knife on Mr Pettinew. could not see that Deceased was injured. Mr. John McIntyre[?] was duly sworn and testified That he saw Mr Pettierro[? I cannot figure out this name] roll the Deceased into the ditch off the pavement, and the deceased surrendered got up and walked down in the middle of the street with his Knife in his hand. hollering as a drunken man would. Kept walking down the street until he got opposite Mr R. I. McCodeys[?] lower store door, and there he turned abruptly to the left making for the store door. in doing That he fell on the bridge in front of Mr McCodeys store, striking the center of his body and face at the same time very hard on the bridge. He had his Knife open in his hand as he was going down the street. [Mr. S. A. Frose[?] confirms previous testimony and adds] Deceased was apparently uninjured when he left Mr Pettinew's store. [John Moore confirms testimony and adds] Witness called Mr Moore & John Baxter to help Deceased up. Deceased was not able to stand up when straightened up. took Deceased into Mr McCodeys store. Deceased did not say any thing after he fell on the bridge. Deceased died in about half hour after he fell on the bridge Dr. C.H. Ladd was sworn, and testified That he found the Deceased dead, and upon a post mortem examination held about two hours afterwards, found externally one abrasion above the left eye[?], a very slight abrasion on the right side before the ribs - internally found the spleen ruptured at two points on its internal surface, one of about three inches, The other two - about two quarts of partly coagulated blood in the abdominal cavity - from these he believes his death resulted Mr. W.M. Hardin was sworn & testified That he saw the Deceased laying on the bridge in front of Mr Pettinews store Kicking at Mr Pettinew, who was trying to catch Deceased feet, and when he caught Deceased foot he pushed Deceased in the ditch off the bridge. saw Mr Pettinew Kicking Deceased, saw Mr Pettinew Kick Deceased twice in side of head & once in his side. don't know whether Mr Pettinrew rolled or Kicked Deceased in the ditch. heard Deceased groaning while he was in the ditch, like he was in pain, saw Deceased stagger down in middle of street and turn & fall hard on Mr McCodeys bridge, saw Deceased carried into Mr McCodeys store, where he died in about half an hour Mr. S.S. Caldwell was sworn & testified, that he saw Mr Pettinew [?] Deceased by the foot, seemed to be trying to put him in the ditch, next he saw was Deceased getting up out of the ditch with his Knife in his hand, Mr Pettinew had gone back in his store, Deceased came up the bridge with his Knife in hand and met Mr Gilbert (Marshall) who told Deceased to put up his Knife & hush, Deceased drew his Knife again & began talking very ruff. Mr Pettinew asked the Marshall if he could not take Deceased away from there I head Deceased fall on the pavement, Witness stepped to the door and saw Mr Pettinew Kick Deceased three times - once in left side & breast & once in the side of the head. Saw Mr Pettinew shoving Deceased in the ditch, Witness caught Mr Pettinew as he pushed Deceased in the ditch, saw Deceased leave the ditch & stagger down in middle of street & took [?] [?] and turn towards Mr McCodeys store, and fell upon the bridge, dont Know that Deceased was injured when he left Mr Pettinews store