After leaving the traders we soon came to the Verdigris river, which was more than half bank-full, and was sparsely settled on both sides to the Indian Territory line. Near the mouth of Onion creek we left our horses at an old negro's on the east bank of the river and called up Mr. Phelps, who lived on the west bank eighty rods down the river. At this time I did not know Mr. Phelps was to be the main witness for the State against the Odens. Tom Oden said to me, when we arrived opposite Mr. Phelps's, that "Old Phelps keeps a skiff, and if you will call him up we can cross here; then it is only a mile down home, with a plain road all the way." Then he added: "I'd rather not let the old man know who I am at present, and if I was to call for him he might recognize my voice." I hallooed twice, and the response was, "What is wanted?" I answered, "There are three of us here from the Timber Hills, and we wish to cross the river." He remarked: "It is now nearly midnight. Can't you go to the house a little way down the river and wait till morning? Then I'll row you over." I told him our business was urgent, and that "we must cross at once." He said, "all right; I'll soon be there." When Mr. Phelps came down the bank he set a lantern in the bow of the boat. He did not use oars, but sat in the stern and paddled across, and, as he neared our side, let the boat drift to the bank, bow up stream. I caught the gunwale at the bow and said to the prisoner, who yet had his head and face muffled, "Rogers, you get in first." Mr. Phelps said, "I can't take but two of you at once." I said, "Mahlon, you get in here, then, near the bow." Mr. Phelps then asked me to hold the lantern up high, as he believed he could make the other bank at a place he wished to land better than if they took the lantern with them. The river here was about 200 feet wide, and very deep, with a strong current. The boat had not gotten more than ten feet from the shore, when Oden shifted his position suddenly, which tilted the boat violently and threw Mr. Phelps into the river. I called to Mahlon King to throw me the bow-line, but he caught up the line and leaped towards shore, the bank at that place being a gradual slope towards shore. He made a few strokes, and found footing. Phelps, being in the stern of the boat when tilted out, was farther out in the stream; for he had backed out to swing the bow around; and when pitched out he was in deep and pretty swift water. There were some long overhanging limbs just below him, which, on account of the swollen condition of the stream, nearly reached the water. Mr. Phelps was calling for help.