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 Aug. Benton who might leap out of the bushes upon him. Lytle requested to have every dangerous weapon taken out of his pockets —

A. Benton went & got his whip — &mounted a horse afterwards & rode towards Mr Gillaspie's — the horse was brought by the boy — this was before the examination a week or so — Lytle thought A. Benton had intentions against him.

T. Benton could not be satisfied till revenge was had or until he was whipped — Lytle always kept off, for the laws of the University — Sherrod & Haskins excepted when Lytle called the boarders at Mr Taylors rascals.

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 providedwith a pistol — but not intending to kill Lytle — that it was neither cocked nor unguarded — the guard was good — He wished the guard to have been off — and it was his intention to shoot L. under the shoulder — had practiced before the examination — Mr 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 Wm Baker to come with him. It was hinted that A. B might be concealed — or that T. B. might have a knife or pistol. Baker took the pistol & put it into his pocket. The witness followed when they went out — B. & Lytle got into the middle of the passage — B. stopped and challenged L. to strike if he wished to strike L. said it was not a fit place — B. after abusing L. pulled out the pistol was seizedby G. Clarke — The witness interfered — got a bed post & threatened to knock down the first man that fired a pistol — L. got the pistol from Baker and came up and told B. if he wished to shoot — to shoot — Saw B. trying to cock the pistol, & supposed he did cock it — Saw B. put both hands to the pistol, but could not tell whether he tried to cock the pistol — Heard Baker say he ran away to keep L. from getting the pistol. Benton's hand fell when L. got the pistol. B. said to L. did I not say I would walk with you before from which the wit. supposed B. had intimated a readiness to go out with pistols — But Lytle perhaps had said that he would not fight with such a boy with pistols, but wd 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 & Wm Baker with Lytle's pistol. B. said if his pistol had gone off every thing would have been easy —

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 [unrecovered] that the guard had not been down, and thatthe matter would have been settled — The witness told B. a wad would have wounded — & B. said it was not a wad but a bullet —

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 boyasked if he intended to do any thing — L. wished to consult and met B. who said here I am to receive your whipping — L. passed on and said he would wait on him presently — B. Sent G. Clarke to tell Lytle to come, he came out shortly & then the pistol was soon drawn — L. said he tho't he ought to give B. a whipping as he had promised it, to retain character of a gentleman.

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 Wm Baker . B. asked if L. was ready — L. said yes — upon being advised to make it up could not — upon a dispute about the boy L. told B. he lied. B. pulled out a pistol. being afraid A. B. or any of T. Bs friends gave Wm B. a pistol loaded and ready — upon T. B. drawing out his pistol the wits 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 Wm Baker or some person to go and talk to Bn —