"I know Clifton Rogers. There he is sitting over there. Clifton Rogers was shooting at me. I don't know just how far he was in shooting distance of me, though—close enough to hit me. I don't know how many times he shot at me; I suppose that he shot until he emptied his gun. The pistol he had shot six times. This difficulty came up about gambling; we had been gambling, and I broke him. We were playing cards, and I won all of his money. When I won his money, he would not give it to me. I asked him for it, and he would not give it to me, and I told him he could have it, and the fuss started from there, and he told me he was not going to give it to me, and I told him it was all right; he could have it. He got up then and went out and went down to Buster Hafford's and got a pistol, and Buster Hafford tried to take it away from him, and he would not let him have it. It was not but a few minutes after we quit playing cards until he went home after his pistol. We had to go about as far as across the street over there—I would say something like about 30 or 40 or 50 yards. When he went out of there I went out behind him. Sam Bolder called me, and I stopped, and Buster said: `You go in Mitchell's house; that boy has gone after my (his) pistol.' I went in Mitchell's house, and this boy came the back way and went on up to the house where I was at, and went in the house, and I went out and went across the street, and he went across the street behind me, and I went in another house. I got a Winchester when I went in that house. I went on back to my house, and was standing out in front of the gate talking to a boy, and I looked around and he (appellant) was trying to slip up on me. As I looked around he pulled out his pistol and commenced shooting, and when he made two shots I commenced shooting at him. I think it was about 20 minutes from the time we were playing cards until the time the shooting commenced. The shooting took place in front of my house at the far end of the quarters.
"I could not say exactly how much money I had won from him. We were gambling in a house down there. I could not tell you who all was gambling. There were others besides myself and Clifton Rogers. I asked him for the money, and he would not give it to me. He left out ahead of me, and left me standing in there. He did not go to his boarding place at all. He went to the railroad track after he got the pistol, and come back after me. When I went up there I saw him on the railroad track. He was coming towards my house. He was on the railroad track coming back when I saw him, coming towards my house, about as far as from here to the jail from me. He was in shooting distance of me at that time. My boarding house was close to the track. I went from the gambling hall towards the railroad track; my boarding house was right across over this way, about two blocks, and I went down this way. When I saw him coming in that direction I went in the house. Buster told me to go in
the house, he was coming with his pistol, and I went in a boy's house called J. Mitchell. I did not get a pistol in there, I went up there and got a gun from Hafford; that was after he had done run me. After I ran, I went back up towards the gambling shack. I went up there and got a gun and come on back to where I stayed. He had to come right by the gambling house, and I went on around and was talking to Horace Flint, and he was slipping up on me. It was about 20 minutes from the time he had been running me with the gun until he came back to the boarding house. He just came on behind me with the gun, and Buster was trying to take it way from him; he was following me on up with it. We were about 100 yards apart when he was following me up. I could not tell you how close he was to me when he fired the shot, but he was in shooting distance. I would say he was about 30 or 40 yards from me—just about as far as across the street. The reason he did not shoot me or make any effort to shoot me when we were walking along there was because Buster had hold of him; he had hold of his arm trying to get the pistol away from him. He could not get it away from him, and he let him alone; when he turned him loose I came on to where I got the pistol. He was about as far as across the street from me at that time. He did not try to shoot me; he could not shoot me because I was in the house, and he was about 100 yards from the house. He did not say anything to me about stopping. After this fellow let him go, he did not make any effort to shoot me until he came around from across the railroad track. This gun he had was a 41; I don't know whether it was a Colts or Smith & Wesson. Horace and Mr. Williams saw the shooting take place. I don't know where Horace Bluit is. Clifton shot first; he shot twice, and I proceeded to crack down on him. I don't know how many times I shot at him. I hit him in the leg twice. He run, I guess, when I shot him. I got the Winchester from Clifton Hafford. I told her her husband sent me after it. He did not tell me that I told that lie to save my life. I knew appellant would shoot me. I don't know whether it is a fact that a 41 pistol will carry a bullet a hundred yards or not. The reason I did not go to that woman like a man and tell her that a fellow was going to shoot me, and I wanted to get their Winchester, was because she would not let me have it. I thought he was going to try to kill me. I thought my life was in danger, and still I would not tell the woman why I wanted the gun. I told her a lie to get the gun. I am not going to tell you a lie here. I tell lies sometimes. It is a fact that I am under indictment in this court for having made an assault on Clifton Rogers here with intent to kill and murder him. I don't want to stick him so that he cannot testify against me. I don't want to get stuck either. I don't want to see either one of us stuck. I cannot say that I want him convicted so that he cannot testify against me and get me convicted. Ruth Williams was at her wash place when the shooting took place, right out in front of my house; I was talking to her. She could have seen us two fellows shooting at each other; it was open. Lewis Hafford was in the yard, the millyard; it was near about the quarters from there. He was a little bit further than 50 yards; I could not say how far it was; it was a little further than 50 yards. I stated that I heard the bullet whistle by my head. I don't know just how close it came to me, but pretty close. It came right along by my ear. I stated he was 40 or 50 yards from me at the time he commenced shooting. Clifton and I were just across the street from one another. He followed me up and went in some one's house. He stopped in a house and got a gun. I went in the house and got a gun. I don't know which way the defendant went when I went in and got the gun. He went to my house, and there is where the shooting took place. I was not sitting on any stump at the time the shooting took place, nor when the shooting began. I had my face to the defendant when the shooting commenced; he was slipping up on me. He was just walking along and coming on down towards my house, and I looked around and saw him, and when I looked around and saw him he pulled out his gun and went to shooting. I did not raise my Winchester and take one or two shots at him before he shot at me; he shot first. I don't know how many shots I fired with the Winchester."
