Michael McFarland testified as follows:I knew deceased; I know where his land it* it is near Dr. Martin’s; they were building a house there the latter part of the summer; saw an affray there between prisoner and Thomas Blondian; can’t say who commenced it; Blon dian was on one side of bench and prisoner on the other; Blondian hit prisoner on the nose; Blondian got an axe, and prisoner took a hand* saw; I took away saw from prisoner, and the axe was taken from Blondian; Blondian 6aid that nobody but he ar.d uncle .Tohnnv and Cox had any right there.