The Deposition Solomon Mitchell taken before me at my office in Carlisle Nicholas County Kentucky in the 14' day of November 1864 to be read as evidence in the part of the Plaintiff in a suit depending in the Fleming Circuit Court in which Samuel Mitchell is plaintiff and John Rickets is defendant This deponent of Lawfull age and first duly sworn Answers

Question by Plaintiff Were you present in Company with the plaintiff and Defendant at any time during the months of August or July 1863, if so State who else was in Company and when was it and what took place at the time state all that occured

Ans I was in Company with Samuel Mitchel Ward Hammonds Albert Jackson & Thomas Stanforth in July or August one year ago Last July or August— we were coming flemingsburg toward home — John Rickets came riding up I ^or Albert Jackson^ asked who it was that was riding up I was told it was John Rickets — Rickets and Samuel Mitchel got into a Dispute about a Fiddle— Rickets hollered to Mitchell that he was a Liar several times Mitchel Rickets run his hand into his side pocket as if he was going to Draw out a Weapon but I did not see any Rickets said to Mitchel I suppose you have got a Pistol — Samuel Mitchell said to Rickets I suppose you have one Rickets replied I have Mitchel Rickets said to Mitchell I suppose you have got a pistol Mitchel Rickets run his hand in his pocket and asked Mitchell ^asked him^ if he had a pistol Rickets said he had and made a motion to Draw and afterwards denied he had a pistol — Rickets then said to Mitchell I suppose you have one Mitchell told him he had one and asked Rickets if he wanted to see it Rickets replied he did Mitchel pulled it out of his pocket and

showed it to him — he then put it Back in his pocket — By plaintiff Did you or not hear me at anytime call rickets a Rebel and threaten to shoot him

Ans I heard no such talk

By same In what Manner did I carry my pistol Ans you carried it in your outside coat coat pocket on the left side

By same on which side of me was Rickets

Ans he was on the right hand side

By same with which ^hand^ did I draw the pistol

Ans with your left hand

By same did I point the pistol in Direction of Rickets? if not in what direction did I point it

Ans you pointed the pistol in the direction we were riding and not towards Rickets

Solomon Mitchell

State of Kentucky Nicholas County } I E. F, Chappell Examiner for Nicholas County do certify that the foregoing deposition of Solomon Mitchel was taken before me at the time and place and in the action in the [Caftion] Mentioned and that said witness was by me duly sworn before giving Testimony and that his testimony was by me written down and in his presence and read to him and by me at his request subscribed in his presince and that Samuel Mitchel of the parties was present at the Examinations Given under my hand this 14^th of November 1864

E. F. Chappell Examiner N. C.

Mitchells cost Officers fee 25, Examines { ^paid^ 1.00 postage } $1.30

S. Mitchell
Deposition
John Rickets