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That he witnessed the scuffle.
that he discovered them in the passage
that Benton had a pistol but does not know whether it was cocked — that he drew it out of his pocket — that the pistol was loaded & primed — that in trying to shoot it off afterwards it flashed — that Benton said he marked the fence after having flashed twice — that Lytle got a pistol out of some room.
That some time ago, Mr Lytle had a cosen whipped by the
boys — the boys called rascals by Lytle — Mr Benton took it up — Benton raved —
Lytle would fight after exams. T. Benton asked for the whipping promised T.
Benton had practiced with his pistol — asked the witness to be his
second — under the oak trees — A Benton came up
— Lytle said something curious — all laughed. A. Benton
got a horsewhip — but walked off again. Afraid of A. Benton Lytle
got a pistol loaded & primed — The witness asked Benton to
quit it But T. Benton swore he would not — Lytle came into the
passage, & Benton also.
Warned Benton against pistol — Lytle got a pistol from the witness
— when Lytle presented near to him Benton's pistol fell
— Benton's pistol guarded — A ball in both pistols
— Benton said if his pistol had gone off the business would have
been ended — they were to go out into the woods to fight
— Lytle's pistol cocked — Lytle had prepared his pistol
for fear of
A. Benton went & got his whip — &mounted a horse
afterwards & rode towards r
Gillaspie's
T. Benton could not be satisfied till revenge was had or until he was whipped
— Lytle always kept off, for the laws of the
Saw what Mr Dickson saw in the first of the quarrel
— the witness interfered — could not dissuade them
— took Lytle away but he returned — Benton wishing to be
whipped constantly & challenging Lytle.
Benton said he had tried his pistol and said he had sent a ball two inches into a hard piece of oak — that Lytle always alleged the laws & his over size — That Benton said he meant to hit him in the shoulder — Benton was pointing his pistol at Lytle all the time that Lytle was trying to get the pistol out of the witness's pocket — Benton declared yesterday that he never would let it alone till he finished it himself — Benton wanted to fight in college — Lytle wanted to go into the woods.
that he was provoked — mentions the correction of the nephew
— the name of rascal — resentment — when B.
first spoke was disposed to be friends — asked if L. thought him a
rascal L. said yes — asked L. if he would whip him L. said yes,
after exam. — came up after exam. to receive his whipping
— came providedr G. Clarke prevented him from holding his
pistol while L. was getting his pistol — tried to cock his pistol
— both before L. got his and afterwards — His pistol was
primed & loaded with powder and ball — he had come
intending to shoot Lytle under
That he did not know about the first quarrel Benton came and told L. that he
was ready for him. It was hinted to L. that B. must have a trick. L. Got
m Bakerd kick him.
That he knew but little — was told in the yard that there was
terrible work in college and ran in, and saw B. Held by G. Clarke &
m Baker
Knew nothing till it was all over — was informed of it by some of
the boys — Asked B. if he intended to kill him. B. said no, but to
wound — expressed
That he did not know the beginning — Benton in the door &
L. at hand B. asked for a whip & L. asked where they shd go — B. said in the place where they were
— L. asked B. if he would not confess he was a liar —
and told him he was a liar — relating to L.'s nephew. The witness
went away when the pistol was drawn —
That he saw B. & L. after a few words the first time — L.
Alleged the laws against fighting his fear of punishment — B. told
him to clear out — L. doubled his fist — L. had said any
persons who had abused his nephew were damned rascals — Mr Martin said B. had told him that he (B.) had whipped
L. and wd do it again — came out the last time
& saw Mr L. running across the passage to get a
pistol —
That the cause of the quarrel was the whipping of the Boy — B. said
to the wit. that he had whipped L. and would do it again — B.
asked L. if he called all of them damned rascals. L. said not all, but those
that had whipped the boy
Origin of the quarrel the abusing of John L. B. said he had whipd L. and would do it again — A. L. called them
Dd rascals — B. came and attacked L. L.
said he would not. B. said he wished him to do it. L. said to B. that he
wd beg his pardon if he had not whipd young L. B. ordered him away. L. said he wd not
go. The witness said it was against the laws.
After exm B. stood in the door & called upon
Lytle for a whipg. The wits went for m Bakersm
B.s he got his pistol from W. Baker
refrained from fighting on account of the laws at first. The witness had
come a great way to school and did not wish to be expelled or to fall into
disgrace — Intended to get Mr Crawford or
m Bakern —