Sanford Cheek who being duly sworn deposes and says -- Is well acquainted with deceeased, and Last saw him on yesterday between 12 and 2 oclock -- witness was present -- and saw a difficulty -- on yesterday near this place -- between some colored men who were playing cards for money. Heard deceased tell some one to put up that pistol. Looked and saw a pistol in the hands of a man called Alf Dean... Deceased was advancing towards Dean with a walking stick in his hand. Deceased was walking towards Dean when he fired the pistol -- but had not stuck him with the stick...