Comwlth vs RufusJones — Feb. Term 1861.
Page1.
SampsonJenkins —

At the party — saw Jones at Grahams store that evening late — Hy Jenkins was there — I was there first — We three left there together to pike — Hy Jenkins left us at pike & I went to Mrs Jones with Rufus — While there Wilson was there & said to Jones I have got them d_d bullets molded. After a while went to supper & after Jones called Wilson into another room & came out pulled up his vest esposing something like knife and asked W if the ladies would see that — W said the ladies had no business pulling up his vest — On the way I was I said we would have a good deal fun — Jones said he was not going for fun — said nothing about Jenkins on the way — As we went from Grahams store Jones said to Jenkins what was that you heard something one say about me — Jenkins said he had heard nothing about him — Jones said never mind I will make you tell to-night. Wilson, Jones, & myself went together to party got there after dark, hitched horses — Jones stopped to talk with some one & I went on to house — dancing or playing when I got there — Heard Jones say to Wilson that D.D man would'nt speak to him, W. said hush Rufus for Gods sake hush — this in houseroom near door — x dont recollect ever examined but once — not quite sun down when we got to Mrs Jones — cant tell whether or not it is near 5 miles from Grahams turn to Mrs Jones — asker Graham, Henry Jenkins & Rufus & myself at store — Dont recollect any conversation at store. drank no whiskey — I went from my father after dinner to store. dined at home that day — Had been at home all day — had drank at Mrs Jones & on the road — not drink — dont know that I have any enmity to Jones — dont recollect ever said to Dr. Jones he would like to see Jones hung with mill stones to his past — Summoned to examining court but not examined — after saw not bad feelings bt Jones & Jenkins at store — I had bottle brandy got at store — Jones had a bottle at store. Wilson looked as if just been painting when we got to Mrs Jones — Saw no bullets — drank at Mrs Jones — Jones asked W to go to the part &e. —

(2)

Sampson Jenkins Cont.^d

Jones rode behind me to the party. Had conversation Dont recollect any conversation on road to party — drank out Rufus' bottle in road & throw it away. Little in my bottle when got to party. Some came to party after we got there: Hy Jones caught up with us about Charley Blowetts — Heard fuss commence in hall — Wilson road a grey horse to the party & Jones rode behind me — Jenkins had a gun when he left the store — I danced at party.

Asher W. Graham.

At party — got there 9 or 10 oclk — Danicing then in every room —

Saw Jones near gate when I got there — Wilson was with him — Myself, Carter & Hamel stopped with them & talked awhile — Jones & I went on to the house together & into the house — we went into room below & then up stairs & then came down — I went into room below again & left Jones in the hall — I did'nt see him any more till a quarrel at the back door — I was in room & heard noise in hall — when I heard it at back door I went out, I noticed Jones excited, & saw Jenkins & others — Jones had his coat off — dont recollect about Jekins having coat off — stated at first Jenkins had his coat off, dont now recollect — Jones 8 or 10 ft from door — dont recollect he was saying anything — had a knife in his hand — I Dont recollect I saw the blade — not attempting to use the Knife — After Jones put his coat on he went off with Wilson 8 or 10 steps from corner & stord little while — Jones came back to near where Jenkins was — Jenkins within 43 & 6 ft — saw nothing in Jones hand while standing or walking up — his hand hanging down — Jenkins did not move — Jones asked Jenkins if he had anything agst him & said if he had anything agst him he could get it — Jenkins said he was not afraid & Jones fired — Jenkins had one hand right one, in his pocket. Jenkins was not exactly facing him — Jones whistled & when he got to Wilson he s^d lets get away from here & that d_d quick — He & Wilson ran off — The first excitement had calmed down before shooting — I saw no pistol in Jones Coat when he put it on — Jones has been drinking — no evidence of drunkeness —

X 30 or 40 persons there, most of them went out in yard when excitement was up. I heard Jones sometime that night tell Jenkins he had nothing against him. Jenkins left hand hanging down when shot. My attention was to Jones —

(3)

Asher Graham Cont^d.
Jones was not over 6 ft from Jenkins when I last noticed Jenkins Jones left hand hanging down when he came up — rather behind him — Jenkins had a rock in his hand in beginning — I took hold of Jones, he was not attempting to do anything with it — Jones about [...] & Jenkins about 18 or 20 yrs of age — raised in same neighborhood — Dont recollect Sampson Jenkins was at store that evening — or that Jones & Jenkins were there together. Jones was there — I went into back room with Jones — Jno Hamel had some liquor when we met Jones at the gate. He handed it out & Jones & Wilson drank of it — I filled Jones' bottle at the store. Jones excited by liquor but dont think so much so as not to know what he was doing — Somebody had hold of Jenkins when I took hold of Jones —

Tho. L. Stevens

At party — got there little after dark. Saw Jones in the crowd there as others in house & yard — first I heard of difficulty they were in yard. I went out. Jones & Jenkins seemed anxious to get at each other, a crowd around each_ Jones to right & Jenkins left of the door — met White coming in hand out. Jenkins had a rock when I went out saw no knife in Jones hand_ heard Jenkins say let him come I am not afraid of him — I first spoke to Jenkins & told him it was no place to have a fuss & then I went out with Jones & had some conversation_ Afterwards some remarks passed bt Jones & Jenkins before time of shooting, dont recollect what — Jones & Wilson walked off round the corner. Jenkins had got out to north of yard — I was within about 4 ft of Jenkins just before shooting — Saw Jones when he shot_ he was in about 5 ft of Jenkins — his right hand down & his left hand down & back — he said Henry if you have any thing against me you can help yourself & Jenkins said about same & Jones fired — Jenkins threw his hand up when shot & said Oh! — lived not long — At time of the fire I was noticing Jones — At that time saw no weapon in Jenkins hand, but didnt look at Jenkins till after shot — When ever any remark was made Hy Jenkins was easily excited & seemed to get up about as soon as Jones-

X Cant tell whether Jenkins changed his position —

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Tho. L. Stephens Cont^d.

Saw several with coats off before I got out — they had put on their coats about time I got out. From door to end of house 22 feet — Jones was drinking & staggered — walked with me with his arm round me — Jones & Jenkins raised in same neighborhood & friendly so far as he knows — Something said between them about there always having been friends — Other words passed after that before the shooting but dont recollect — What they were, but some words brot up the difficulty first —

Americus Harrison.

son of Mrs Harrison — Jenkins came between sundown & dark had gun & rabbitt — gave it to me & told me to put it away — first saw Jones between 8 & 9 oclock standing at door of room in hall. next saw him in front yard — me & Jo Mitchell were standing talking, Jones came up & asked & What we were talking about if we were talking about him. I said I thot too much of him to talk about him — He said nothing more to me — He pulled out some money & bullet patching & asked me what it was, I told him & he told me to keep it — He then walked off. Saw him next in back yard in time of fuss — he was near back door with coat off. Didnt see Jenkins then — Saw no knife in Jones hand heard him say nothing — I told him they had raised a fuss & I wanted them to get away — I took him out & then let him loose & I went in house & remained in house till pistol fired — Jones was quiet when I took hold of him — When I came down I met them bringing in Jenkins — died in 1/4 hour or longer —

X Jones acted like a man that was drunk drinking — Sampson Jenkins was acting like a man that had right smart liquor in him.

Tho. Jenkins.

5 1/2 miles from B. G. to Mrs Harrison's — I went there about 7. oclock — I saw Jones first in front yard with Wilson — saw him at various places in house & out — Hy Jenkins & Jones had some words at door of dancing room — I was on bed, Jenkins on inside — Jones said something about Jo Mitchell, Jenkins said [...] I dont think Jo M has any thing agt you & dont make any fuss here tonight — Jones said D. M you if

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Tho Jenkins Cont^d.

you take it up I will whip you — Jenkins went out. there was a fuss in passage & they got out doors. When I got out Jones had about his coat off. I took Jenkins off. he came back with me — Jones asked Jenkins what he had against him, Jenkins said he nothing more against him than a brother & Jones said about same — then friendly — all put their coats on — crowd went back into house — heard no other conversation between them — 10 minutes after till shot — I was in front yard when pistol fired — wound on left side — Jones & Wilson ran off — Dont know whether Jones was drunk or not. did'nt stagger-

X Jenkins sat about 10 minutes by me before he went out — Jo M — did'nt go out till after Jenkins — Jones pulled his coat off first — Jo M said to Jenkins he is not after you so much as me — Jones Wilson & Jo Mitchell had coats off — I took Jenkins off to right of passage 12 or 15 yrds — Jenkins was not undressed that night — no examination made for weapons — Liquor at the gate. I saw Jones going there several times — I went down myself once & drank. I was not intoxicated & that night — Saw no rock in Jenkins hand — had no rock when I took him out — Jenkins 19th year — he was a delicate, spare made, weakly young man — Jones was oldest from appearance — Jones heaviest of two — not so large then as now — (clothes of Jenkins identified) the shirt was smoking that night when I first went in where Jenkins was as Stephens said —

MiltonWhite.

At party — Jones got there 8 or 9 oclock I suppose — first saw him house — Difficulty occurred about 11 oClk. I was in dancing room — saw crowd leaving room, I went out to back door & out. Jones was standing next to house at the right of door & Jenkins further off 6 or 8 ft — both had coats off. Jones had knife in his hand. resembled knife shown — Hy Jones had hold of Rufus who struggling to get to Jenkins — I took hold of Jones & cut my hand agst knife — & then his brother myself & asher Graham carried him to corner of house. I went in house & got my hand tied up — I then went out again. Jones walked up to Jenkins & said Henry if you have any thing against me you can get it & Jenkins said about same —

(6)

Milton White Cont^d.

several standing round — some nearer then I — Jones came up in about 6 ft of Jenkins — saw pistol about time it fired — Jenkins arms handing down — saw him make no motion except he threw his hand to his side when shot. Jones fired instantly upon reply of Jenkins as stated. Dont know whether he could have seen anything in Jenkins hands — I was watching Jones — Did'nt see Jones got Wilson — they ran off — saw when he was shot that night — saw no weapons on Jenkins — Jones intoxicated that night. X Saw Joseph Mitchell in Dancing room — He was out in yard when I got out. He had his coat off near Jenkins — saw no Jenkins rock in Jenkins hand. When Jones put on his coat he said he would'nt say anything more about it & would drop it — Saw Jenkins clothes on fire in house & I think Steve Polter put them out — cant say whether his hand in his pockets or not — theywere not up. I think I would have seen it if he had cut or thrust at Jones — Jenkins could not have reached Jones without advancing — my attention was to Jones — Dont know what he did when I was looking at Jones — He might of course, have and his hand or advanced a step when I looked at Jones & not have seen it —

StearmanJenkins -

At party — first I saw was in yard — someone holding Jones in passage — & he said Henry if you dont let me aloose I will cut you — had his knife up — Henry Jenkins went out & Rufe followed him out — I went out — saw some person have hold of Jones in yard — saw Jenkins pick up rock when he went out & said d_n him let him come — He dropped the rock after the fuss was sorter squashed — After rock thrown down I heard no more of the fuss till pistoll fired —

X when I saw Jones with knife in passage he was near the front door of passage — I was in passage when they went out — Jenkins picked up rock as soon as Jones get out. Saw him drop the rock; not very long after he picked it up — Saw no pistol. When I saw Jenkins in room at time Jones had knife in passage he was inside the bed [...] room — Did'nt see Jo Mitchell or Jo Mitchell out in yard — No unfriendly feelings toward Jones now or heretofore — no recollection of saying to Roberts doorman if Jones was not [...] & Wilson put in the penitentiary there was no use in law. I was not intoxicated;

7

Stearman Jenkins Cont^d.

Jones was drunk — the liquor gave out & I went for fresh supply —

JamesMitchell

At party — first saw Jones in yard before difficulty — Did'nt speak to him that night — saw no difficulty in passage — heard difficulty in back yard. I was in dancing room, went to back door. Jones & Jenkins 6 or 7 steps apart & quarreling. Jenkins nearest door — Jones to right & Jenkins nearly in front of door — neither had coats off — The lie was passed by both — Jenkins said he thought Jones had treated him amiss & he did'nt know what about they had always been good friends Jones said they had always been good friends — Jenkins said then stop it — As I stepped out Wilson said to Jo M I'm yr man & Jo said if you are come ahead. I stepped between — Jones & Jenkins had second conversation — Jones had his hand under his coat — they were so close I could'nt get between them — Jones said he could whip him & Jenkins said he might whip him but could'nt scare him & he was not afraid — I stepped between & Jones walked off — Jones & Wilson stood off together — Jones came back to Jenkins. I was in 4 ft of Jenkins — Jenkins did not move — Jones came up in 4 or 5 ft of Jenkins — Jenkins hands in his pockets — when shot threw his hand to his side — saw him make no other motion — Jones said Henry if you have got any thing against me you can take it or have it now. Jenkins said same & Jones fired. J could have seen any motion Jenkins might have made — Jones wheeled & ran — Wilson had some back to the crowd — several nearer to Jenkins & Jones — Saw no weapon in Jenkins hand at any time —

X Jo Mitchell in the yard when I went out. I said nothing when I stepped between Wilson & Jo M. - Jo M. myself & Wilson had coats off. Dont know which said first they had always been friends — Jenkins said why not drop it then — it then ceased — after it was renewed Jones told him he could whip him & as before states — I expect Jenkins had said something before but dont recollect what it was —

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Jas Mitchell Cont^d

Jenkins had not moved a foot when the shooting took place from where he stood in front of door when they had talked before — From time of second itnerview as spoken of till shooting 2 or 3 minutes — Sampson Jenkins had drank enough to make it noticeable — & the only one I did notice — I put on my overcoat to go home before the difficulty & was requested not to go by my brother Jo Mitchell — this was not over 1/2 an hour or an hour — saw Jo in the room after that — sawing him dancing before that —

JosephMitchell

At party — Cousin of Dec^d — did'nt see commencement of quarrel — had not seen Jones in Dancing room — We met in front yard — A Harrison myself talking — He asked us what we were talking about; he said he did'nt know but what we were — I said I did'nt talk about a man behind his back what I would [...] say to his face — He walked off a piece & turned round & pulled out 1 or 2 1/2 [...] & said he had more money than hell was worth — I said I had as much as I wanted — He then pulled out some paper money & asked Harrison had much it was — Harrison asked me to go in the house — I did so — I was in room when I heard the fuss — I saw one man running the other back_ I saw this thro the window — When I went out Jones had his coat off, several around him — I took off my coat. Dont know what Jones said or done — After I pulled my coat off I saw Wilson & Bro Jas with coats off — They carried Jones off further — The crowd kept talking & walking — After words Jones & Jenkins met & spoke of their having been friends — There were out there by the side of the unfinished room — they got together again & the d_d lie passed from both — I saw the shooting — in about 3 ft of Jenkins to his left side — Jones & Wilson stood off together — several round Jenkins — Jones came up to said Jenkins — saw nothing in his hand till he shot — Jones in about 3 ft of Jenkins — (shoves the pistol in about 6 inches of Jenkins) about length of his arm, 8 or 10 inches from his body — Jones s^d if he had any thing agst him now was his time, Jenkins said same — Jenkins had one hand in his pocket & the other down — saw him make no motion — Dont know whether Wilson followed Jones up near Jenkins — Jenkins did not advance on Jones. Stood with his face toward Jones rather with left side forward.

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Jos. Mitchell

I assisted in carrying Jenkins to door — Heard no remark from Jones after he shot —

X Harrison went out with me at my request. I saw Jones before I went out. After that I told my brother not to leave — He did'nt show me his money. This 1/2 hour till fuss. I then went into dancing room & remained till fuss commenced. Tom Jenkins stood by me in corner next to fire place — I did not hear Jones call my name while I was in that room — The man I saw through the window were Simon Jenkins pushing Hy Jenkins — Jones had his coat on the second time they met. Jenkins had gotten further out there — nearer to where Jones was — 3 or 4 ft apart the first time they met after Jones was carried off — After they parted friends Jenkins stepped off father to the right — Then they met again & the d_d lie passed by both — the seperated & saw Jones & Wilson go off together — At time last meeting I saw both — I wont say Jenkins did not move he may have done so — cant say — had his left hand in pocket. That night I did'nt like the way Jones came up then — I told Brother not to go away — gave him no worse for it. Did'nt say White & Jones were then drinking & we would have some fun. Saw Jim M. put on his overcoat. Dont know what brot on the fuss — Told them if any fighting to be done there I was going to do it — I have now bad feelings towards Jones — I have expressed great anxiety for his conviction — Saw pistol in Jones hand 5 or 6 minutes before shooting & before Wilson & he went out — Saw Jones stagger — Sampson Jenkins not drunk — When I saw the pistol before the shooting it was when the d_d lie passed — he changed the pistol from his pocket to under his coat & then back to his breeches pocket —

Jno. S. Jenkins

At party — cousin to Dec^d — I was in dancing room when I first heard fuss out doors — I saw Jo & Jim Mitchell, Wilson & Jones with coats off — he did'nt know who was going to fight — Jones was to right of door — Jenkins was off some 7 or 8 ft — Jones was not doing anything at first — Coats were put on after that Rufus went up to H Jenkins & said he was in [...] & Jenkins said it was a poor way to make fun — Jones said maybe he did'nt like it & went off.

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Jno. S. Jenkins Cont^d

I was in 7 or 8 ft when pistol fired — At time of shot Jones told him if he had anything agst him to take it now & Jenkins said same & Jones fired — I assisted in taking Jenkins in the house I was rather behind Jenkins when shot — Dont recollect where his hands were just before & when shot — could'nt see —

X Rufus said Henry I have always loved you as a brother & I was only in fun — Jenkins said it was a poor way to show fun= The vest & shirt was on fire — several standing round Jenkins, behind & on sides —

Chas. A. Spalding.

At party, Heard fuss near back door — I was up stairs — went down — several in passage — I went out front door & around & stopped corner house — Jones was opposite corner of house — had his coat off. Saw no knife — Saw Jenkins out nearer fence — Jones said to Jenkins we have always been good friends & Jenkins said same — after that few minutes, perhaps, 15 or 20, pistol fired — In mean time Jones was in crowd — At one time I saw Wilson & Jones together enter out at the edge of the crowd. I was few feet from Jenkins when shot — saw Jones walk up towards Jenkins crowd. Jones 6 or 8 feet off when shot — Jones & Wilson stood 15 or 20 feet from Jenkins — He said Henry Jenkins if you have any thing agst me help yourself & fired — Wilson remained where he & Jones had stood. As Jones approached he drew the pistol from under his coat just as he started. His arm was extended with pistol before he stopped — Jenkins made no movement — his hand in his pockets. After shot he took his hand out of his pocket & put them on the wound. Wilson was as far as from when witness sits to East door of Court have from Jenkins when pistol fired —

X Wilson & Jo Mitchell had coats off — Thinks he heard Jenkins say it was a d_d poor way to show fun —

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Chas. A. Spalding Cont^d

Dont recollect seeing Jones make any drawing motion or jirk of his body just before shot — I was standing in front of Jenkins — His brother married Jenkins sister since last court. Jones was about opposite me when he fired - Asher [...]

Willliams Blewett

Went to Nashville & assisted to arrest Jones — got Police Officer & found Jones there at Commercial Hotel — No weapons on his person — he told Police Officer to look in his coat pocket — he did so & found the pistol now shown — Saw the knife with blood on it in hand of police-man — brot Jones to B Green — Cousin of Jenkins —

Jno.Gary.

At party — At Mrs Jones few days before party. I saw there a knife similar to one shown — Saw a pistol there also Similar to one shown — both on mantel piece — (Excluded) Saw the shooting I was 4 or 5 steps from Jenkins when shot — Saw Jones draw the pistol from udner his coat — Saw Jones & Wilson standing 8 or 10 steps from Jenkins & Jones walked up & shot with his left hand — he was about 5 ft from Jenkins — Jones said Henry if you have got anything agst me now's your time to take it — Jenkins started to say same but Jones shot before he got it all out — Jenkins had his hands in his pockets & stood still — Wilson came back about 1/2 way toward Jenkins from where he & Jones stood — Jones went back by Wilson & said Lets get away from here & that d_d past — good many near Jenkins when shot — same between Jenkins & Wilson. Jones was between —

X Relation of Jenkins — raised with Jones & Jenkins — they were always friendly as could be — thinks Jones played some in house — I saw first of difficulty from window — Jo Mitchell had his coast off & also Jim Mitchell — When I went out right smart excitement — in a few minutes heard both Jones & Jenkins say they had always been good friends — Wilson went with Jones about 1/2 way to Jenkins — Jenkins was in front of the door when I first went out. Shot out from the north corner of the house — Jones drew the pistol after he stopped — & did not draw it till after the words he used — not examined on trial of Wilson — Jones was drinking but not very drunk — Jones was pretty close to the door when I first went out — he had knife in his hand — Some one had hold of him, struggling — After that both said they were friends & had nothing agst each other —

L. L.Cooke —

Knife & pistol been in his possession since August 1859 — Saw stain on knife when it was first exhibited on trial.

W^m B. Martin

Identifies knife & pistol deposited with him as clk after examining court, — Blood on the blade of the knife then.

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DefendantsEvidence.
Dr. John B. Henry —

Jones came to my office about 18 January 1859 & I dressed his wound about 12 or 1 oClk at night — The wound was in abdomen — 1/2 or 3/4 inch to right of navel & little below — over an inch wide — cut went through abdomen — dont know that bowels wounded — sewed up the wound put back bowels — clean & smooth cut — went in straight — his shirts very bloody — wound liable to terminate fatally — dangerous wound —

Dr. A. C. Wright.

The wound was dressed when I got to D^r. Henry's shop — not covered but closed with stitches — about 1 inch in width — from appearance of the wound would say it went in straight — horizontally — his clothes very bloody — saw a grey horse — he was bloody on withers — night Jenkins was killed —

X Mr. H. Wilson, E. Bettersworth, Jno Hines & D^r. Henry present — I left Jones there — wound on right (perhaps an inch) of navel & little below — thickness of wall of bowel about 1/2 inch — no abrasure of skin — cut straight in — the knife shown could not have made that wound an inch in width without wounding the bowel — dangerous wound — clothes on him but loose — hole in his shirt — saw knife like one shown on person of Wilson —

Dr. Tho. J. Jones.

Sampson Jenkins happened together never [...] field he said he could see Jones hung with a mill stone tied to his feet. I was at Mrs Harrisons after Jenkins killed. I folded the clothes off & smelled a search & dark around the wound — had appearance of being burned —.

*Conversation with Sampson Jenkins took place before or after Wilon's trial.

RobertGraham

At party — I went out little after fuss began — As I went out several had hold of Jones — Jenkins was out looking for rocks, picked up two & came forward & said d_n him let him come, he was not afraid — if he drawed a knife on him he would mash his brains out. after that I went back in house — Some one took Jenkins off — I went out again & saw Jones go up to Jenkins & offer to make friends with him — Jones said to Jenkins you & I have always been good frds have'nt we. Jenkins said yes till to night — Jones said it was all in fun — Jenkins said it was a d_d poor way to show fun — Jenkins Jones then said Henry if you have anything agst me help yourself — last time I was out when Jones asked Jenkins if they had not allways been frds — Jo Mitchell said to Jenkins say what you d_d please you shout be hurt — I was up stairs when pistol fired — Jones & Jenkins were standing in second conversation back of the unfinished room & half way from room back to fence —

X I went out because I was told there was a difficulty — I saw Jones with his coat off — several around Jones — I met White coming with his hand cut — dont know that Jones was trying to get to Jenkins — Saw no knife in Jones hand — one or two took hold of Jenkins — I think [...] Jenkins one of them — Jones laid his hand on Jenkins shoulder & said we have always been friends, have'nt we, Jenkins said it was a d_d poor way to show fun — Jones said Henry if you have any thing agst. me help yourself — About the time this conversation began Jo. Mitchell spoke as above — It was after Jones had said we have always been friends — Jones seemed cool & rational then — saw no weapon there that night except a pistol in Wilson's bosom — Jenkins brot there a gun & rabbit —

Tho.L.Stephens

Jim Mitchell had put on our over coats & were [...] the passage to go home — Jo Mitchell came to us & said not go away yet he thought there would be some fun — He started back & I followed Jo & asked him what he meant — he said he thought Russ Jones & M. White were getting drunk & he thought they wanted to whip or thrash him — [...]M & myself remained —

HensonWilson

At party — At work at Mrs Jones — Rufus Jones & Sampson Jenkins invited me to go — Jones said he had authority — Sampson I came then before we started — I was in Mrs Jones parlor painting when they came — When they came I did not tell Jones I had molded those d_d bulletts — I never molded any — The facts was on Tuesday night — Jones had molded some the day before to hunt with M Quisenberrys rifle — Dont recollect that Jones pulled up his vest & asked me if the girls would see that (knife) I rode near Jones horse & Jones rode behind Sampson Jenkins. We drank several time before we stated & after — Sampson had a bottle & Jones had a bottle which he or I carried — Sampson hid his bottle near the gate & we went out & drank after we got there — First words I heard I spoke to Jo Mitchell & he did'nt speak — Jones spoke ot Jo. Mitchell & I did not see him speak — Jones, Sampson & myself walked out to get some liquor — Jones was talking about Jo M not speaking to him I told him to hush — no place to have a fuss — He said he did'nt want any fuss I did not intend to have any — I was in the dancing room when fuss began in passage — Jones & Jenkins were quarreling in passage, Jenkins said let him come & went out & Jones followed — Jenkins had a rock when I got out — d_d lie passed between them — it was hushed & both said they had been

HensonWilson Cont^d

friends & nothing agst each other — then Jo Mitchell came up & said the fuss was not raised on Jenkins account, but on his & if any fighting to be done he was the man to do it — pulled off his coat & I pulled off mine & Jim M. pulled off his — Jones & Jenkins said they had always been friends & raised together & did'nt want any fuss — Jo Mitchell told Jenkins to say what he d_d pleased & he should'nt be hurt — After that 20 or 30 minutes till pistol fired — 15 or 20 in yard during quarrells. After quarrel squashed the crowd was walking about — Some went in house — I was right behind Jones when he fired the pistol — I noticed Jenkins at the time & saw Jenkins Jones shrink just before he was shot — I saw Jenkins — his left hand in his pocket & toward Jones, he pulled it out & made a motion like a thrust — ^with right hand &^ I think he had something in his hand — not certain — After Jones shot he turned round to me & we went off down to the fence — I came back & saw them about the time they got Jenkins to the door & then I heard some one say lets catch the d_d rascal & kill them & then we ran off — I saw something in Jenkins hand, but would'nt say whether it was a knife or what — Jones shrunk back just as Jenkins made the motion with his hand — Jones gave me the pistol after he shot — pistol shown is the one — the knife is one Jones had — I got the knife from him when the first quarrell was squashed & kept it till we got to Nashville & I discovered first Jones was wounded when we were going down to the horse — he bled very freely — first I rode before & then Jones rode before — was present when D^r Henry dressed the wound — Dont know of the wound being done at any other time than at the shooting — Noticed no blood when Jones

H. Wilson Cont^d

& I were talking before the shooting & did notice it as we went down to the horse — When I got the knife I gave Jones the pistol — which was at the end of the first difficulty — & it was 20 or 30 minutes before the shooting — it was Jones pistol — When Jones went up As Jones & myself started off before the shooting Jenkins made some remark — When Jones went up in the last interview Jones told him he had come back to tell him he had nothing agst him, but if he had anything agst him he could take it out — Jenkins said if Jones had anything agst him he could take it — The motion Jenkins made was about the middle of the conversation — The pistol loads without patching — Jones drew the pistol after he shrank back instantly — Did'nt walk up with the pistol presented — he

X handed no bullets to Jones at his mothers — I did'nt load the pistol & did'nt see Jones load it — I did'nt know whether it was loaded or not — Jones carried the knife — he asked me to carry the pistol — Jones said he had spoken to Jo M. & he woul'nt speak to him & I told him to hush because he was drinking — I heard the noise in passage & I went to the door — Henry Jones had hold of Jones — heard some say Jones had a knide & some one said Jenkins had a knife & dont let. them get to-gether — Jenkins went out & Jones followed — Jenkins about 5 ft from door & Jones 4 or 5 above door. 5 ft apart — did'nt see Whites hand cut — I got out 1/2 minute after Jones — Saw Henry Jones talking to Jones — Jones & Jenkins both excited — saw Jones with knife in hall, but not in yard — Jenkins had rock in his right hand — did'nt see him attempt to throw it — Tom Jenkins carried Jenkins off — Jones was then near the corner of the house — Jones & I started home — Jones & Jenkins talked friends after

H. Wilson Cont.^d

first quarrel — I wore an overcoat then & left it — did'nt think of my overcoat — As we started Jenkins made some remark — & then Jones came back & the shooting took place — Jones & myself were off together when we started home — I had given him the pistol before that — I took the knife — He asked me for the pistol — I gave it to him & he gave me the knife — he put the pistol in his waistband — dont know which side — This was after they had talked of being friends — When Jones started back I followed him — Dont think Jenkins advanced. Several round when Jenkins was shot. I followed him because I had gone with him there & to see no one imposed on him — Jones said he was going to tell Jenkins he was friendly to him — Jenkins a little quartering to Jones, dont know which side — Jones said lets get away from here — started off in a walk till he got half way to fence — I went back — 15 or 20 steps from fence to horse — Several in back yard when I went back — I saw them taking Jenkins in — I went back to Jones & we went on to horse — he got behind & rode near 1/2 way — then he rode before to town — Jones gave me the pistol after he shot — Jones said to Jenkins he had nothing agst him — they had been friends — but if he had any thing agst him he could get it — Jenkins said if he Jones had any thing agst him he could take it — Jenkins I think touched him when he made the thrust — Jones shot when Jenkins made the thrust — I think he had the pistol in his breeches pocket when he went up & shot — & had his hand in his pocket & pulled it out immediately after Jenkins made the thrust. Saw the blood before he got on his horse — he bled freely & bled till the wound was dressed — got to B G about 12 oClock. left in about 3 hours — stopped at Nashville at Commercial Hotel & registered our ficticious names —

H. Wilson Cont^d

Jones molded some bullets Monday morning before the party — Jones went hunting on Tuesday —

Was on the jury that tried Wilson — Spalding was examined on the trial & stated he testified then that Jones shrunk back a little just before he shot — & showed the motion.

X we talked about it in the jury room —

Know Jones & Jenkings — had seen them together that day or day before — They were friends & lounging upon each other — They spoke & acted as friends — it was bt 10 OClk a m & 4 P. M.

F. C. Herrick —

Saw Jones & Jenkins in store day before killing after dinner — They were talking & acting as intimate friends — Jenkins lying on Jones arm — he was killed the night of the day he was here — Jones was in my store frequently — 3 or 4 OClk

State of Kentucky
Warren County

I L L Cooke Clerk of the Warren Equity & Criminal Court state that the foregoing evidence of the Trial of Rufus Jones is in the handwriting of Geroge C Rogers Esq — and so far as I heard the evidence given in I believe he has correctly taken it down this February 26^th 1861 —

L L Cooke C W C C

Jno. Terwilliger

Saw Jones & Jenkins in B. Green on Saturday before killing in my shop — very friendly — very intimate — frequently saw them together in town, friendly —

Jackson Cox
A. D. Roberts.

Two of the Venrones, Chas Jackson myself & Steerman Jenkins, were going out of town, some one asked me what I thot the jury would do with Wilson, I said I thot they were bound to acquit him from the evidence — Stearman Jenkins spoke up & said if they did'nt penttentiary Wilson & hang Jones there was no use in law —

X I maried a cousin of Jones — Beverly Vernon was in crowd — cant say who asked me the question —

Tho. B. Gaines

at Mrs. Harrisons day after Jenkins was killed.

Tho. Jenkins Re-called —

At Mrs Harrison's next day — did'nt show any body or say to any body where i carried Jenkins the night before — good many there — I carried Jenkins to the right of back door — nearly in front of the door — Did'nt state or show to Gaines he carried Jenkins to left of door —

Tho. B. Gaines Recalled

I drove back out there — Jenkins & I were sitting on fence near the gate — We could not see back fence further up than opposite back door — & he pointed to that portion of the yard in the lower corner as when he carried Jenkins —

Jackson Cox -

Heard Chas Spalding examined on Wilsons trial — he stated just before Jones shot Jones shrunk back a little & he got up & showed the motion —

Had Jones in custody — gave no promise or threat. I asked what he killed him for — I did not tell him I would not ajust him if he would tell one all about it — I told him not to tell me much about —

Jones asked me to take a walk with him — he said he wanted to talk with me — he asked what the people said about it up here — This was between this & Nashville — Jones said he did not know how he was cut & first asked what they say about it — I told him I had heard but little about it — I told him what I knew, about warrant &c — told him where we first heard of them — meeting Wilkins — told him I thot he & Henry were friends — He said he did like him & had nothing agst him — I asked him what he killed him for he said he would'nt have done it but ^if it had'nt^ - (& there he burst into tears — & silence for 5 minutes — He then said a good deal about how he was to be tried &^c — He put his hand on his wound I asked him if it hurt him — He said it did & he wished to God it would kill him — He said he killed him because he was mad & a fool — he had always liked Jenkins & had nothing agst — He said they all acted wrong —

X Davis & another police man with us in coming from Nashville but not present in conversation above detailed —