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Lay lifting his axe, prevented the companion Indian from assassinating the Swimmer; the Swimmer, however, flung down the negro was was reaching upon him; but during the struggle, the older Lay rushed upon the Swimmer and gashed him severely on the forehead with his axe. The Swimmer [unclear] from the black, plunged into the river and escaped. The other took the alarm and they set off, t[unclear] Swimmer was severely wounded. Again they were driven to the wood, but they were again more hostly hunted than before. It is said that while I was myself at Capville, during the [unclear] of the court and the presence of the Georgia Guard, there was a petition by John Ridge, [unclear] Watie, Main Ridge, and others set up and sent to this band of [unclear], desiring them to have the Swimmer shot wherever he might be seen in the woods without trial or further ceremony. About two weeks after the rising of the court at Capville (Sept. 1835) there were rumors spread that the Swimmer and the Duck were lurking near the Oo-ith-kelloh-koh Creek, four or five miles below New Echota on the OOsten