Book 2 - Nathan, Amy, Madison and Ethan Berga

A. Sometime on Saturday afternoon. I do
not know just what time.
Q. You don’t know how long he had been
unconscious before you got there
A. No, but I think it was sometime during
the night.
By the Court: Q. How large a man was
this man that was killed: A. He as a very
large, muscular, heavy man. I should judge
he would weigh over two hundred pounds.
Q. Could you tell from your examination
whether he had been drinking A. No, I
could not. Q. Would a blow such as you
consider this one was on a man who was
very angry, with blood vessels extended,
or who was intoxicated, be more liable to
result fatally than if he were in a normal
condition A. It would be liable to result
fatally in any case.
Frank Wheeler
Frank Wheeler, being duly sworn on behalf
of State, testified as follows:
Q. Where are you living now, Mr. Wheeler
A. Well, I was living at Iron Mountain.
Q. Where are you living now
A. I am stopping here at Rhineland now.
Q. Do you remember the time you were
stopping at Gagen on the 26 th day of September
A. Yes Sir.
Q. What were you doing there
A. Working on the section.
Q. Who for
A. Mr. Fry.
Q. Mr. Fry was section foreman, was he
A. Yes Sir.
Q. Where you boarding at Mr. Fry’s house
A. Yes Sir.
Q. And did you know Mr. John C. Johnson
A. Yes Sir.
Q. What was he doing
A. Keeping a saloon.
Q. How far from Mr. Fry’s house
A. About a hundred feet or more.
Q. Do you know whether he had sold out
his saloon about that time
A. Yes Sir, he did. He sold it to Mr. Hilgermann.
Q. You were there the Saturday night Mr.
Johnson got hurt, were you
A. Yes Sir.
Q. About what time was it
A. I think it was about one or two o’clock.
Q. One or two o’clock in the afternoon
A. Some time about that.
Q. where you out on the section that afternoon
A. No Sir.
Q. You were not working on the section
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