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Head Quarters Dist. of Selma
Selma Alabama Feb 5 1867

Lieut J.F. Conyngham
A.A.A. General
Sub Dist of Ala.

Lieutenant

In compliance with your letter Order of the 2nd inst I have the honor to make the following statement of circumstances connected with the [[strikethrough]] with the [[/strikethrough]] Affray and shooting affair referred to in your communication.

On the night of the 26th of January, Sergeant Weeks and Private Robinson of Co E. 33rd Infantry were sitting in the house of Elmore Lockett (Freedman) on Washington St near Alabama St (See plat) sipping egg-nogg with some of the inmates, when they were disturbed by the entrance of one Malone who after taking a hasty survey of the room passed out and immediately reentered with three men in Company. They then commenced a vulgar, swearing talk which was replied to by the inmates asking the intruders to leave, in answer to this, some one said "you had better send for the Sergeant of the Guard". Sergt Weeks replied "you had better let the Sergt of the guard alone, he is not disturbing any one." upon this Malone said "you take it up do you" and at the instant struck Sergt. Week on the eye, at the same time the light was put out.
 
In the affray Sergt. Weeks succeeded in getting Malone down on the floor, and with his revolver inflicted