Arthur Moore sworn says Will Smith got on side of road to let the wagon pass. Jeff Evins spoke to him asked him for some money that Will Smith owed him. Will Smith said he did not have it. Jeff Evins asked him if he was going to have it by Saturday night. Will Smiith told him no, he could not get it by then. Jeff Evins said if you don't get it by Saturdau night, I will whip you or you will whip me one. Will said all right. Jeff then drove on, and stopped again, then got out of the waggon [sic], and started back towards Will. Will told Jeff to stop not to come any further, if he did he would kill him. Jeff stopped. Will then shot him with a pistol they was about 20 steps apart.