advance towards Meyers a step or two, saying, G—d d—n you, why don't you cowhide me? several times. Meyers said, I never said I was going to cowhide you, but I am responsible for all I have said. Meyers said, I want you to leave here. He then raised the ox-bow with both hands, the left hand in front; when he brought his hands down I saw smoke, and thought he had knocked the dust out of Palmore's hat; he had the ox-bow in his hands, but the crack of the pistol the next instant showed me that the smoke was from the pistol. I don't know whether Meyers struck him or not, he made a motion to strike before the pistol fired, and I don't know whether he struck Palmore before or after the pistol fired, or whether he struck him at all, or not. After the report of the pistol, Meyers caught hold of Palmore. While they were struggling I heard another report. I saw the pistol in Palmore's hands, just about the time Meyers took hold of him. They both got on the ground in the struggle, and when Meyers got up he had the pistol in his left hand, with the barrel of the pistol towards himself. Judge Mangum was standing close to Meyers. Palmore then ran off a few steps, and hallooed, Don't let him shoot me, twice. The blood was running from Meyers freely then. He put his hand on his stomach, and said, Oh, I'm killed; I'm killed. Judge Mangum told him to come into the house, which he did.
Palmore shortly after, in the manner detailed by this witness, got his pistol from the elder Mr. Ellis and rode off on his mule, flourishing it over his head, saying, He cowhided me, did he?
Pink Harris, for defendant, testified: That Palmore was talking to Judge Mangum about Meyers' threats to cowhide him; that Meyers came and hitched his horses and picked upthe ox-bow after he had hitched the horses, and said to defendant: I will substantiate anything I have said; and said
