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State of Texas
County of Colorado}
Wm. M. Smith being duly sworn according to law doth depose & state as follows - On the evening of the 12th inst I was in my store attending to some customers young Tooke was there & passed out, shortly after I heard some loud talking outside & went to see what it meant & heard young Tooke tell Harry Taylor f.m.c. that he was drunk & to go home. Harry told him to go away & not bother him, that he respected his father but thought little boys like him should let old men alone. I did not see Harry do anything that was wrong. I thought young Tooke was drunk.
W. M. Smith
Sworn & subscribed to before me this 16th day of December A.D. 1867
Enon M. Harris
S.A.Comr.