Bates (?)) lived they encountered a party of ten or twelve cowboys who had been above and were now on their way back also with a drove of cattle.

The hostile parties were ignorant of each other's strength. It was dark and the cattle became intermixed and the drivers were mutually afraid of each other. Each party sprang over the fence opposite each other. Ferris and Knapp fired several times, then ran round a [^Knoll] for cover, loaded and fired again. The Refugees all this time couldn't see them. After awhile all was still. Ferris then crept [marg: ?] between the rider and rails of the

fence so as not to expose himself, and picked out or got a cow and pair of oxen in the dark which he turned out into the field where they lay among the bushes. The whole drove being tired by this time had laid down in the road. Ferris had made out so well he now attempted another capture, but on going through the fence the rails cracked and broke, and he perceived a man behind and opposite the fence sink down and therefore didn't dare to cross, but went behind a tree and watched carefully. Presently the man raised his head, then his body, and at last he stood up straight behind the fence. Ferris then took as good aim as he could in the dark behind a tree to which he had gone for concealment and fired mortally wounding the

stranger who died that night.