Shortly after as he was walking down the street he saw John Henry approach him from the opposite direction. He commanded him to stop on penalty of death but John had nerve and kept advancing till .the man with the gun fired. His aim was bad and before he could fire again the marshal nabbed him. He was taken before the justice of the peace and arraigned on the charge of shooting with intent to kill. He acknowledged the shooting but claimed J^hn Henry had attacked him with a razor. John was sent for, brought into court and seated in a chair at the side of and very near to the judge, but he had no razor. Now the judge was an almost constant smoker and kept a cigar or two in one of the drawers of his desk. He opened his docket on the table, but before taking up the case he took from the drawer a fragrant cigar, deliberately removed the tip with his desk knife, lighted it and took a generous whiff or two then laid the cigar on his desk beside the docket. After writing a few words he reached for his cigar but it was not where he had laid it. He then turned his gaze upon the prisoner. There sat John Henry in all his kingly dignity smoking the judge's cigar. The man who shot with intent to kill was fined $5.00 which he paid and was discharged. John Henry was fined $15.00 and sent to jail for being shot at. Whether or not the purloining of the judge's cigar had anything to do with John Henry's fine and sentence is still an unanswered question.