Again it developed in the proof that Jase Deaton, Fletch Deaton's nephew, and Red Tom Davidson, also accused of killing Callahan, were tried in the Bourbon Circuit Court on the charge of killing John Abner in the town of Jackson several years before, and that Callahan had been active in the prosecution against them, employing counsel and supplying money. It further appears that Jase Deaton referred to above had been killed at the home of Anse White, some while before the killing of Callahan, by Anse White. White was tried for this killing in the Montgomery Circuit Court and also acquitted. This acquittal had been attributed to the activity in behalf of White on the part of Ed. Callahan. The proof on the trial of Fletch Deaton and of Andrew Johnson showed that Callahan came to his death at the hands of three men, who had concealed themselves on the mountainside across the creek from Callahan's store. One of the witnesses for the prosecution testified that he recognized Dock Smith and Andrew Johnson as two of the assassins, that he saw a third, but failed to recognize him. Dock Smith himself testified that the third man was James Deaton of Caney Creek, a son of Fletch Deaton. All the trials of the men accused of the murder of Callahan were held at Winchester, Clark County. In each of the cases, with the exception of the one against Red Tom Davidson, the defense relied upon alibis, claiming that they were in Jackson on the day of the killing. Dock Smith and Govan at the critical moment, realizing their situation, made a full and voluntary confession of all they knew regarding the murder of Callahan.