state of Kentucky Franklin County.

The affiant Will H Miller a resident lawyer of Caldwell County Ky, says that on the 17^th of Jan'y 1860, he went to see Thomas. B. Wadlington, in about one & a half hours after the rencounter between him (W) & Milton A. Cartwright. He says he went because he was a brother-in-law of Wadlington & his general attorney — He says he found Wadlington at the dwelling house of Eli Nichols, about 200 yards from the place of the difficulty, lying on a bed, badly wounded, but resting quietly, his wound in the thigh having been dressed by a physician — affiant says that he immediately excluded all persons from Wadlington's room and Wadlington went on & detailed to him all the matters that he recollected of the encounter between him & Cartwright & told affiant that Cartwright shothiminthethigh, first, and that when Cartwright did shoot, that he (Wadlington) was retreating, and further that before he (Wadlington) shot, he had seen the but end of a revolver in the pocket of Cartwright, who kept his hands in his pocket, from the time he approached the log, up to the time of his shooting. That after he was shot, Cartwright advanced upon him & they closed & that he Wadlington had but a confused idea of what did afterwards occur —

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Affiant says that he after finishing the interview with Thomas B. Wadlington, ^he^ left and found William J. Wadlington, the son (a youth) of Thomas & asked him alone ^by himself & no one present^, the particulars of the difficulty & that he said, Cartwright didshootfirst and fully corroborated the statements of his father to me, as to the difficulty — Affiant is satisified & believes that they (Thomas & William) had had no previous conference beforehand ^in regard to the difficulty^ — He says further that the negro man Jordan said to affiant that Cartwright shot first. & further he saith not

Will H Miller

Sworn to before me by Will H Miller this Feb'y 6 1861.

Leslie Combs
C. C. A.