Dan Smith being duly sworn says On last night I think it was about half past twelve I went home and I heard a knocking over to Mary Kell's house. I went over there. I went very near the door and I called she. I said to she don't you know that it is against the law to tear down anthing that is nailed up in that house. At that time he made a an oaths and pulled out his pistol. The I grapped him the moment he pulled out his pistol. He had hold of me and his two... all had hold of me. Then Wesley Smith the deceased taken the one that is named Eliza away. I never saw any more of Eliza but one more time that was at the march. She aimed to [?] me in the head with a rock then and Wesley snatched her back again... I saw Bob Ellison had Wesley Smith the deceased down in a branch beating him with a stick. Bob Ellison and his wife Eliza Ellison were both hitting Wesley. As soon as I could get that crowd loose from me Rob Ellison was gone...