State of Ky County of Scott

Affiant States that he was the only person presant when Thomas H Estes was shot by Chas H Tomlinson that he went to Stampinground that evening when he and C H Tomlinson was about starting home they saw Tom in the barroom treating some persons who were witnesses in a case pending between Tom and one Samuel Wright that Tom had become intoxicated That they knew from his language he meditated a difficulty with Wright, and prevailed on Tom to start in order to prevent him from getting in a disturbance when affiant and Charles had got on their horses John Lindsay caled them and asked them to wait for Tom and take him along that he was drinking and if thay left him he would get in a difficulty They promised to take him along affiant urged him to come along, that it was getting late &c he got on his horse and came on The rod out together in their usual friendly manner, meeting persons at different times on their way when they came to Estes house, which is near the road, at the point where affiant and C H Tomlinson turned off Charles took out a little bottle of whisky, and asked Tom to take a parting drink, telling him that was some worth drinking while we were

indulging in a drink Charles told Tom a joke Tom became offended and told him he could whip him and his partner Bill Hockersmith both together Charles in his jockular manner remarked he could not whip either of them, whin Tom began to pull off his coat remarking he would shew him affiant then got off his horse, approached Tom pulling his his coat on his shoulders, and in the kindest manner begging him not to get mad telling him Charles was joking then in a low voice told him Charles was not able to fight him thinking he had pacified Tom turned to go to Charles, who was still standing by his horse, to tell him to ride off without saying annother word we knew Tom to be violent and hasty when drinking after making a few steps Tom rushed by him, and threw a rock th which struck Charles on the head then seized him by the hair with the left hand and struck him a blow on the side with a rock held in the right hand while affiant was endeavouring to separate them, and prevent the third blow which was impending a pistol fired Tom released his grasp on the hair and stepped back, and walked a piece then lay down affiand affiant asking in a kind tone if he was hurt but he did not say a word Then called to the family Then turned to Charles and

remarked to him, Charles this is an awful thing Charles was standing with his left arm pressed against his sid and remarked about the blows he had received then said in a low tone as affiant understood him I did not aim to shoot his manner indicated suffering both bodely and mental affiant saw no pistol but from the remark believes that he had a small self cocking pistol in his breeches pocket, and when he was grasped by the hair, and struck on the side, that he snatched it out, and attempted to use it as a club, and by a punch, it went off from the pressure of the finger on the trigger, and done the mischief without intending it Affiant remained there till a late hour at night persons were there looking for signs of blood, a moisture was seen on the ground which taken for blood but it was only where Charles had got off his horse at the final trial Alexander Hamilton Swore affiant contradicted himself in all he stated before the coroners jury that Tom did not have hold of Charles when the pistol fired Givings Estes Brotherinlaw stated he said Charles shot Tom with a self cocking pistol, for he knew he had such a one they wer both greatly mistaken no such thing was said Alic Ford swore that Martin Sebree said he had swore to lies against him and that Sanford
Robertson said the same thing it was well Known that Sebree was made [atone] for the slander and denied it for two years, and proved himself crazy in the Franklin circuit courtand that Robinson denied it in the pesance of more than fifty persons W^m Hockingsmith came to see Charles that night, and told him he had told him often that Tom was an enemy to him but he would never believe him, that he would find it out to his sorrow Charles said he had found just as he told him They were Brothers in law Charles was exceedingly partial to Tom affiant was a particular to friend To T H Estes but Knew to be a violent and hasty man when drinking

Charles H Tomlinson is a small man, not weighing more than 120 lbs if that much- and in bad health T H Estes a stout robust man, weighing one hundred and eighty or ninety pounds

S Tomlinson

I have carefully read the above it is true to the best of my Knowledg and belief

S Tomlinson

Scott county Sct

Sworn to and subscribed by S. Tomlinson before me; and I further certify that I know Sad Tomlinson and think that he is is a man of Truth & that I would believe him on oath given under my hand this 8^th day Sept 1859

J. E. AlsopJ, P,