Page:Federal Reporter, 1st Series, Volume 3.djvu/135

 128 FEDEEAIi EEPOETEIÎ. �about 200 yards further along the road, wlien they were agaîn fired on from the underbrush with which the road was skirted. About 16 or 20 steps from the road was a cotton field, enclosed hy a fence. The space between the road and fence was thickly covered with underbrush, and it was from this covert that the tire upon the revenue men was delivered. Jones, who was afterwards killed, was seen to fire, although only a partof his person was exposed. When he fired he was about 10 steps from the fence, and was seen to turn and run towards the fence. The fire of the party in the buahes was promptly returned by the revenue men. Seven or eight shots were diacharged into the ambush. The officers then at once charged through the underbrush to the fence. Eatteree was found in the fence- corner outside the field, wounded in the arm and finger, Jones was seen to climb the fence and start across the field. He climbed the fence 15 or 20 steps from where Eatteree was lying. As Jones got down from the fence he fell forward on his hands and knees. He got up and started across the field, ran 25 or 50 yards and fell again. He again got up and ran from 100 to 125 yards, and fell dead. One of the witnesses thinks he fell, in ail, four times. Jones was found to be shot through the body, the bail entering his back and coming out at his breast. A double-barreled shot gun was found near him, both barrels of which appeared to have been recently diacharged, and a pouch oontaining ammunition was found on his person. Two other persons disappeared in different directions. �The claim on the part of the state is that as Jones was running through the fields, with his back to his pursuers, he was fired upon by them, and so received the fatal shot. This claim is supported by the evidence of Eoss, who was in cus- tody of the revenue party at the time, and by F. G. Suttles, who witnessed the occurrence from his house, 500 or 600 yards distant. �The testimony for the defendants is to the effect that but few shots were fired after Jones crossed the fence, and these were aimed at the other persons, who were endeavoring to «scape in other directions. One witness for the defence, and ����