3rd was in bed and heard wagoncoming; supposed it went by till I dog ran out door which was open ;and commenced to bark; wasafraid lie would jump throughscreen door and got up; just as'a1 raised up I heara someone strikesomething which sounded likepounding a horse; when I reached the door J heard another suchblow, at the same lime a manexclaimed ,—d— you, you willm * +throw my sacks off the wagon; supposed the blows had beenstruck at horses; after strikingsecond blow, saw man walk tohead of horses and put on neck- cIyoke, saw this distinctly; manw ' mS *then gut on wagon and drove on;saw Uerkmier drive past place with a hayrack on way to Sher-Jr 'wood during the day and looked c like same outfit; on cross examm U lt;ition witnc'^ stated that with the 11 lt;| exception of the oath and the bal ance of the sentence in which itI was incorporated she heard noltother outcry ; after the team itdrove on she went to bed anddidn't see nor hear more; that Iethe night was moonlight and she 1 could see very plainly; that thej\team was about a hundred feetfrom the door; that she had aclear, unobstructed view to thewagon ; that as the last blow wa,s ! struck and she reached the door IJj she saw the man standing in front 11 jot hi wagon back of the horses; |i! she heard the rattle of- the rings in the neckyoke as he put it back Um place; he then got on the wagji on and drove off; she then struck 11a match and found it was 10.20sun time; she didn't know thatanything was wrong till the nextmorning when Jake Sailor ami 11 Henry Foss- of Sherwood, came I kalong to investigate; they askedher what she had heard the night before and lie told them; twcpools ot blood were found in tinroad where the wagon had stoodthe night before; they were about a foot from the middle of the middie of the road, on the south side;pi1 •the largest spot was about six inches in diameter; the smallest ■was about three or four inches in diameter; the two ^pots were 11 about a foot and half apart ;Berk-mter came later and asked betwhat she had heard the night before; said she had been quoted ult; saying that she had heard him j strike blows with a neckyoke; sin refused to answer any oi his quest i ions.