E. W. Gould sworn. I was in on the 27th day of June, the day the Smiths were killed. Was the evening and night of that day. I saw come into town riding a dark bay horse—it might have been sorrel, but think it was a bay. The horse I think belonged to Mr. [John] Dedman of . When I first saw , some person was with him on a white horse. I think it was James Gregg. He turned off before he came to where I was. stopped at his own house, 40 yards this side of [Samuel] Fleming’s, and on the opposite side of the street. He did not go on to Fleming’s, but stopped in front of his own house. Was travelling in a two horse buggy. I took his horse myself and led him to the tavern. This was about sundown; Gregg and separated about 50 yards above ’s house, and 100 from Fleming’s. Gregg turned off to the north, and went round to his own house or stable. It was as near that way to his house, and nearer to the stable. I saw a moment after his window, and did not see him again that night. I was about Fleming’s house nearly all the evening. If and Gregg had come up in a buggy about dark, I know I should have seen them, that is, if they arrived before dark. I was in the street and at my own house about that time. It is right opposite Fleming’s tavern. 70 feet off. Kept store there. There are 2 large doors in front, and we kept both open in warm weather. They were open all that day. I remained about town till 11 o’clock, and then went on guard. I boarded at Fleming’s. Some men arrived in the evening for supper. The extra supper was over, and all done eating before I left. They had been eating for an hour or two. Mean by evening, from dark till bed time. It was about 9 o’clock when the extra supper commenced, and continued till 11, perhaps later, but I think not. I was there when the men commenced eating, and think I staid till all were done. They were short of help, and Mr. Key and myself waited on the table. Did not see Mr. [William] Grover that day or night. Was perfectly well acquainted with him: think he could not have eaten supper there without my noticing him.

Cross Examined Think came in before sundown. Think I took his horse. Some one enquired the news. said Joseph and are no more. After I took his horse I went into ranks in front of ’s house; they were beating up a guard, were about a dozen in the company. Do not know that I saw Gregg again that evening or night. Do not know of a two horse buggy being got up for any express. I was in the ranks about 10 minutes. I was set for guard for the latter part of the night. Do not know how many carriages came to town that day. Think I was between the tavern and store at dark; was either at the tavern, store, or in the street. Was most in the street. Was about there all the evening. Do not recollect seeing Grover that night. Did not see Key call for supper. Think Key was gone to Tennessee. Gregg resides in . I would guess that between 40 and 60 eat supper that night. Think I saw a wounded man in the street, but not in the house. Did not see that night, to my knowledge. Myself and Key did most of the waiting. Was not in the barroom during supper; but was at the table all the time. Do not know every man that was there. Think I should have seen Grover and if they had been there. Do not recollect one word that was said. Do not recollect seeing a man in the kitchen with a quilt around him. Eliza Graham [p. 31]