5

The following is a true statement of the facts which trans-
pired in evidence against James H. Hindeman, lately tried
in Davidson circuit court, for the murder of William
L. Simmons. -

The defendant and the deceased met at a house of ill fame,
some time previous to the fatal encounter, where they had a
fight. The evidence was contradictory as to the commencement
of the fight; some of the witnesses alledging that the defendant
struck first, others that the deceased did. The deceased was
most unmercifully beaten. In the course of the fight, the defen
-dant was joined by two others, who appeared to be of the
defendant's party. Though before the conclusion of the fight,
the defendant endeavoured to prevent these two others from
further beating the deceased.-

The deceased was very ill, and was confined at his lodgings
for several days, from the abuse he recivd b[sic] in the fight.
He was a soldier in the U. States army, and the other soldiers
stationed in town, hearing of the treatment of the deceased
at the aforesaid house of ill fame, resolved that he should have
satisfaction. In consequence of that resolution, several parties of
them armed themselves on different nights, and went in pursuit
of the defendant. The deceased was in company with them on
two of the nights. In their searches for the defendant, they used