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when it was opened and told Jim Warren to make a light which he did, and to give him his pistol and said that he considered him to be his prisoner. he then told him to move straight off with John Duval and they kept behind him, when John Duval came opposite his own house, they told him to go over home. They then made Jim Warren get up behind one of them, when they rode off until they came to a field of Mr. Ellis, about a mile and a half from there. They told Jim then to get down, one of them said to his comrade, are you not going to help me to shoot, and he replied not. He told Jim to move out a bit, when he shot him. Jim then attempted to run away but being wounded could not, he then followed him into the wood and made me and his companion go look for him when having found him he shot him seven or eight times. I saw him shoot him that number of times. They let him lie in the woods. They then came back to my house.

The one that shot him came into my house and stayed some time. Both then left and when leaving, told me