JLive* east of Delaware Bendon evening of July 3rd met Berkniier at Sherwood with a load ofsacks; invited me to ride home:)got on wagon, so did Wagner, stopped at liolzer's saloon, \\herei Berkmier said he had businessAand went in leaving Wagner and myself in wagon; there were ten or twelve bundle? of sack; some1 groceries and sugar and someloose lumber the length ol hayrack, in the wagon; Wagner laiddown on the sacks 111 the rear otdhwi:tl* I the wagon; Berkmier remained in11 the saloon an hour and 1 got tiredI I of holding his hoi se* and waitingon him, and left the team andwalked home along the track,Wagner was lying on the sackswhen 1 left; lkte in the night Iwas awakened by Berkmier whocame into mv house and said‘Lou, go with me up the road.Jack and 1 got into a tight; the last time 1 hit him he was stand-vwtltlcaing up, and he fell olT the wagon; he said that he had told the priest], ul the fight; didn’t see anythingI in the wagon with which he could qhit Wagner; he didn’t say what he hit him with; lie said that Wag., ner had thrown off his sacks .andjp that he had caught him as he,rthrew off the last bundle; he thenL.grabbed the sugar when Berkmier! jsaid he stopped him; that he unL|uo!:, d hi team and both got off ,]tlu w agon . -aid they had a couplelights in front of the Anthony house after which both hookedup the team and started homewhile on the way Wagner cameat him again he then hit Wagnerwho fell off the wagon ;he stoppedhis wagon and went back whereWagner was but the latter wouldnot get up, couldn’t answer him, L. and }ielt; Berkmier, got scared; later. alter W agner had been found Berkmier asked the doctor if hewas hurt badjiy to (which thedoctor answered yes. ,