Dyas went down on his hands and knees and saw one of the escort deliberately aim at him. He then jumped up, and ran dodging from right to left, trying to avoid the bullet. Presently the man fired, and he felt himself struck through the thigh. He fell with his face to the men, and saw his would-be assassin put a fresh cartridge into his rifle and aim at him. Turning his face to the ground he awaited his death, but the bullet whizzed past his head. He then saw the men take the horses and go away, thinking they had finished him. After waiting a while he managed to get up and struggled to a house not far off; where he was kindly treated and remained till he recovered. Some time after this occurrence a Hottentot, named Allan Smith, made a statement at Newcastle, from, which it appears that he had been taken prisoner by the Boers and made to work for them. One night he saw Barber and Dyas tied to the disselboom, and overheard the following, which I will give in his own words:-- "I went to a fire where some Boers were sitting; among them was a low-sized man, moderately stout, with a dark brown full beard, apparently about thirty-five years of age I do not know his name. _He was telling his comrades that he had brought an order from Piet Joubert_ to Viljoen, to take the two prisoners to the Free State line _and shoot them there_. He said, in the course of conversation, 'Piet Joubert het gevraacht waarom was de mensche neet dood geschiet toen hulle bijde eerste laager gekom het' ('Piet Joubert asked why were the men not shot when they came to the first laager.') They then saw me at the fire, and one of them said, 'You must not talk before that fellow; he understands what you say, and will tell everybody. "Next morning Viljoen told me to go away, and gave me a pass into the Free State. He said (in Dutch), 'You must not drive for any Englishman again. If we catch you doing so we will shoot you, and if you do not go away quick, and we catch you hanging about when we bring the two men to the line, we will shoot you too.'" Dyas, who escaped, made an affidavit with reference to this statement in which he says, "I have read the foregoing affidavit of Allan Smith, and I say that the person described in the third paragraph thereof as bringing orders from Piet Joubert to Viljoen, corresponds with one of the Boers who took Dr. Barber and myself to the Free State, and to the best of my belief he is the man who shot Dr. Barber." The actual murderers were put on their trial in the Free State, and, of course, acquitted. In his examination at the trial, Allan Smith says, "It was a young man who said that Joubert had given orders that Barber had to be shot.... It was not at night, but in the morning early, when the young man spoke about Piet Joubert's order."