Said that lie was summoned toaattend Wagner sume time between eleven and twelve o’clock (11 the night of July 3rd; found \\ agner lying 011 the ground 011 the east side of the River road;was breathing hard; 1 asked whathad happened and was told; had 3everyone get back and looked for I^ •« asigns of a scuttle as the case look 'ed like a bad one ; couldn’t tin(1anv traces of a scuttle ; the ground 1was pattgd in front of Wagner; 1it was about six or seven teei.from bis head to the wheel trackin the road; Berkmier and Shirni-ier drove up in a bnggv and got out; I asked Berkmier how theaffair happened and he replied, 1 had to do it that was about allbe -aid ; later he told how W agner had throw 11 off his grainacks and sugar; that Wagnerihad said to him^' If^vou want any^ • * ■thing out of me you can get it,” hand jumped into him; I heard Berkmier repeat it different times “It i- too bad, but 1 bad to do itthe bodv.was placed in a buggyvr -If*md taken to the Wagner home.a a\ thorough examination wasmade upon the arrival of Dr. Revnolds and we operated on thewound; found skull fracturedand am of opinion that the man never regained consciousness after the blow which produced thicondition When asked if Wagner’s wound could have been pro-duced by bumping his head up anddown, said not 011 a hat surface j but could be made by bumpingon a heavy cleat; caid the woundin Wagner’s head couldn’t have;been sustained by a wagon running over it for the reason thatthere was 110 dirt on the head, inthe hair, or on the fact.