FIRST WITNESS, DOROTHY LINTON, DULY SWORN, TESTIFIED AS FOLLOWS Well, I was in the yard. David Boa was out there at the car trying to get mama to let him drive it. She did not want him to because he would tear it up. David began beating mama with his first. He knocked her down once. I ran around there begging him to quit. He picked up the axe and ran after me. He was very close when the shot was fired . . . Mareen made no threat against David. David hit mama once with his fist. I was running and I don't know whether or no Mareen gave David a warning or not. I do not know how long he has been staying in our house. David did not have any words or did not fight with any one else
SECOND WITNESS, RUSSELL LINTON, DULY SWORN, TESTIFIED AS FOLLOWS I am eleven. I am the son of Hiram Linton. Well, I was standing in the hall when I hear my mama yelling for help. Mareen was going out the back door. The I heard the shot. It all happened in the back yar. I don't know anything else.
THIRD WITNESS, JOHN GAINEY, JR., DULY SWORN, TESTIFIED AS FOLLOWS I got up with David a Society Hill Saturday afternoon. We We went to get some beer. We drink about four or five quarts before we left and I do not know how much we carried We went to Mr. Linton's home. I do not know who this car belongs to. . . David said he wanted to go to his father'. Mable Linton told him not to go. She told him she would drive but he told her that he would drive himself. There was an argument about driving . . . He knocked Mabel out of the car, and when he knocked her out of the car I understood Dorothy hollowering not to do that to mama. He ran out to the wood pile and got the axe and started after her. David was after Dorothy with the axe when I heard the shot . . .