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d had a pistol in his hand and was in the act of presenting it at the guard. The guard commanded him twice to put his pistol up, and he failing to do it, the guard levelled his gun at him and fired, when he instantly fell. I was nearly opposite the men, distant about thirty yards. Knew neither of them before. Do not know whether they were under the influence of liquor or not. Catherine Summers, sworn, deposed — Was in my house; heard an alarm in the street, went to the door and saw Mr. Walker coming out of Mrs. Noland's cellar, looking quite excited. Mr. Clifford came out of the cellar and asked where the man was who cocked the pistol at them. Dann came out into the street and asked also where the man was who cocked the pistol at him. He then walked across the street with a pistol at his side. Mrs. Noland's daughter went down the street and said something to the guard. The guard then commanded the deceased to halt. The deceased stopped and went back towards the guard, with