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33 dead. The witnesses were now called and examined by the attorney for the people, the first witness was present at the whole offray he was sworn and statd that the deceased was in the saloon drinking when the prisioner came in and asked him if he would retract the lying statements he had made about him while asking him this question he kept his hand in his breast and stood in a threatening attitude the deceased answered no that he would not and put his hand in his breast to get his pistol, as he did so and before he got it out the prisioner jerked out his pistol and revolver and fired two charges into him one of which took effect in his arm. he now had his pistol and they exchanged a few shots one of which struck the deceased in the head killing him instantly.