after their disbandment. 4th It is not provid [proved] that any of the troops, any of these defts or any persons with-whom they were at any time ascociated, were at the jail when the Smiths were killed. 5th. They had not threatened their death, nor had any person with-whom they were connected. 6th. They did <​have​> not fled, or nor attempted to flee, nor evinced any consciousness of guilt but, have voluntarily sought their trial. And it is proved, that fairly proved, that these defts nor any of the troops were at the jail when the act was committed. It is also proved that other persons, at the composing the troops from the other Counties, did on the very ground threaten to kill them— the so states in this extra message & you Wilson so stated on the stand. It is a presumption of law & one you are bound to adopt that they who have threatened— have sworn to do an act— the act being done— they having the ability to do it & it not being shown to have been done by other means— that they have in compliance with their threat done the act. Now, those men, at , who made the threats— who swore they would kill the Smiths— had the ability— & it is not shown to have been done [p. 19]