He went in that direction. Prisoner said, " I will go and kick up a row with him." Wit ness dissuaded him from doiug so, saying that he would only get himself into trouble. Prisoner followed the man. Witness de clined to have anything to do with the matter. Shortly afterwards lie saw the men fighting. He did not interfere between them for fear of being mixed up in tli'e affray and getting beating. He saw no weapon, but he saw fire flashing fram the stones, from which la' judged that one of them must have had a weapon in his hand. A few minutes after wards witness heard a cry of murder. The prisoner at the time wore a cap similar tw the one produced, but witness could not swear that it was the same. Witness saw prisoner with a shingle-hammer in his pos session, similar to the one produced in Court, on the night previous to the occurrence. lie took it from under his coat, and showed it to witness. Witness had no reason to know whether the prisoner had the hammer with

him at the time when he was fighting with Scott. 6

By the jury: When I heard the err of murder, I did not go in the direction from which it came. The prisoner was dressed iu a dark suit of clothes. When I saw the flash of fire from the stones, I thought that they were occasioned by the strokes of a weapon.
I have known the prisoner for about a twelve month. I thought that the prisoner and Scott were mates, as I saw them together at the door of the house.
