Ferguson, unable to secure the first guard, found it much easier to pass the second. After ascending to the second floor, Ferguson left his own guard at the steps to stop anyone who might come looking for him. Three Confederate soldiers came into the room of Orange Sells, Lieutenant Smith, and Captain Dagenfeld, of the 12th Ohio Cavalry. Ferguson, flanked by one unknown man, and Hildreth, (rank unknown), walked into the room without saying a word, pulled out his musket and stopped directly in front of Sells's bed. Lieutenant Smith recognized Ferguson as he reached the middle of the floor and moaned, "Champ, is that you?" Ferguson made no reply, but jerked his gun up to point at Smith and hit the breech with his right hand. He then looked at Smith and asked, "Smith, do you see this?" Smith then begged Ferguson not to shoot saying, "Champ, for God's sake, don’t shoot me here." Ferguson then put the gun to Smith's head and shot three times before the gun went off. The ball hit Smith in the side of the forehead and went through the other ear. Five witnesses in the hospital testified at the trial of Champ Ferguson that they heard or saw Ferguson shoot Smith. Even the Rebel quartermaster's sergeant, A.J. Watkins, testified that he saw Smith dead in his bed promptly after hearing a shot.