On night of July 3rd was sitting at window smoking; hearda wagon drive tip to my place anrt g p, Berkmier came up; vaid lie ; ^was in trouble and w anted me uto come down; begged me1-aid he had had a light with \\ ag 1ner; 1 went out and climbed upon the wagon and saw blood ;told •Berkmier to go home and put up his horses’ an'1 lie said that heawould and would then hitch up ,his buggv and go alter Wagner;} | f returned to house, dressed an'1went in search ol body; it was 10 1— *minutes till eleven when 1 leit, I} and two minutes of tw elve when j 1 1 returned; 1 joined a party of j,live, with a lantern; night wasn’t tvein dark; could distinguish object- eight or ten rods away with1(out recognizing them; sky was! \***** * , iiclear; body was found paralleling!]road; blood on the head ,and on i^ the ground under head, of opinion b:that bod\ was placed wiiere'aiound; thought there had been no1truggle where body was found; N remained live minutes then walk f ed homt : Berkmiet came over to bsee me next morning ; he talked i ver\ little about his tight thenight before ; said that he hadgone to Shenvood alter grain sacks and W agner was riding home \\{uh him; 011 er css examin j. atwai witness said that on thenight of Juh trd when Berkmier .accosted him after pulling up hilearn, he, Berkmier, wasone moment and calm the next;V, | 1that the ha\ rack was 01 the plat- J,form varied} with a closed Hoor;j that there was some ..bloods111 tite center of the wagon, cov j t ring a space live 01* six inches in diameter; at that time in referringto his trouble with W agner Berkmier said. St e- here’s the blood 1Berkmier, when asked to tell thedtails uf the trouble said that hehad g ne for a neckvoke; 1 be-lieve I gave him too much.” he aid Later on when asked whatsort of an instrument he used heaid he didn't know; 1 got theneckv.tke and gave him too muchwas one ol his statements.