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Book 2 - Nathan, Amy, Madison and Ethan Berga

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ing around as if shuffling their feet on the<br />

floor.<br />

Q. Scuffling<br />

A. Yes Sir.<br />

Q. You went in, did you<br />

A. Yes Sir.<br />

Q. Who was there at that time<br />

A. Mr. Fry <strong>and</strong> the saloon keeper.<br />

Q. State what you saw when you first went<br />

in<br />

A. When I first went in they were in a<br />

clinch at the far end of the ice box. They<br />

scuffled there for quite a while, <strong>and</strong> Mr. Fry<br />

downed him, <strong>and</strong> he kind of broke away<br />

from him again, <strong>and</strong> Johnson caught his<br />

arm <strong>and</strong> they went at it again, <strong>and</strong> just as<br />

soon as Mr. Fry turned around, his back<br />

had been towards me, <strong>and</strong> just as he turned<br />

around a pail of water fell, <strong>and</strong> some<br />

checks, five, I think, <strong>and</strong> he said, “Pick<br />

up my checks: I want to get out of here.”<br />

And at that time they went at it again <strong>and</strong><br />

Mr. Fry broke loose <strong>and</strong> he went to get his<br />

checks from the floor, <strong>and</strong> Mr. Johnson was<br />

after him, <strong>and</strong> he tried to get at the door<br />

<strong>and</strong> Mr. Johnson after him.<br />

Q. Where were you<br />

A. Right at the door: I had my foot on it,<br />

<strong>and</strong> Johnson locked the door.<br />

Q. That left him alone<br />

A. Yes Sir.<br />

Q. Did you see anything of an axe h<strong>and</strong>le<br />

there<br />

110<br />

A. Yes Sir.<br />

Q. Where was it<br />

A. Behind the bar.<br />

Q. When did you see it behind the bar<br />

A. It was lying there two or three weeks.<br />

Q. Did you see it when you went in there<br />

A. Yes.<br />

Q. Where was it then<br />

A. They both had a hold of it, in a clinch.<br />

Q. Did you see anybody strike with the axe<br />

h<strong>and</strong>le<br />

A. No Sir.<br />

Q. There was no striking when you went in<br />

there<br />

A. No Sir.<br />

Q. Just clinch <strong>and</strong> scuffling<br />

A. Yes Sir.<br />

Q. Was Mr. Johnson bleeding at all<br />

A. I did not notice: his eye was black. I was<br />

kind of excited.<br />

Q. Did you see any blood on the floor<br />

A. Not until after the door was locked. He<br />

was bleeding then.<br />

Q. What time of the afternoon was this<br />

A. I don’t remember.<br />

Q. Was it before supper or after supper<br />

A. Before supper.<br />

Q. Would you say it was before four

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