Washington Billings, sworn, said: "I see the row, and it warn't in no saloon--it was in the street. Both of 'em was drunk, and one was a comin' up the street, and t'other was a goin' down. Both of 'em was close to the houses when they fust see each other, and both of 'em made their calculations to miss each other, but the second time they tacked across the pavement--driftin'-like, diagonal--they come together, down by curb--al-mighty soggy, they did--which staggered 'em a moment, and then, over they went, into the gutter. Smith was up fust, and he made a dive for a cobble and fell on Jones; Jones dug out and made a dive for a cobble, and slipped his hold and jammed his head into Smith's stomach. They each done that over again, twice more, just the same way. After that, neither of 'em could get up any more, and so they just laid there in the slush and clawed mud and cussed each other." (On the cross-examination, the witness could not say whether the parties continued the fight afterward in the saloon or not--he only knew they began it in the gutter, and to the best of his knowledge and belief they were too drunk to get into a saloon, and too drunk to stay in it after they got there if there were any orifice about it that they could fall out again. As to weapons, he saw none used except the cobble-stones, and to the best of his knowledge and belief they missed fire every time while he was present.) Jeremiah Driscoll came forward, was sworn, and testified as follows:--"I saw the fight, your Honor, and it wasn't in a saloon, nor in the street, nor in a hotel, nor in--" THE COURT.--"Was it in the city and county of San Francisco!" WITNESS.--"Yes, your Honor, I--I think it was." THE COURT.--"Well, then, go on." WITNESS.--"It was up in the Square. Jones meets Smith, and they both go at it--that is, blackguarding each other. One called the other a thief, and the other said he was a liar, and then they got to swearing backwards and forwards pretty generally, as you might say, and finally one struck the other over the head with a cane, and then they closed and fell, and after that they made such a dust and the gravel flew so thick that I couldn't rightly tell which was getting the best of it. When it cleared away, one of them was after the other with a pine bench, and the other was prospecting for rocks, and--" LAWYER.--"There, there, there--that will do--that--will--do! How in the world is any one to make head or tail out of such a string of nonsense as that? Who struck the first blow?" WITNESS.--"I can not rightly say, sir, but I think--" LAWYER.--"You think!--don't you know?" WITNESS.--"No, sir, it was all so sudden, and--" LAWYER.--"Well, then, state, if you can, who struck the last." WITNESS.--"I can't, sir, because--" LAWYER.--"Because what?" WITNESS.--"Because, sir, you see toward the last they clinched and went down, and got to kicking up the gravel again, and--" LAWYER.--(Resignedly)--"Take the witness--take the witness."