Book 2 - Nathan, Amy, Madison and Ethan Berga

Q. Do you know of any persons who were
with him before his death
A. Mr. Fry, I think he told me he was with
him before his death.
Q Do you mean the Defendant
A. No, a brother of the Defendant.
Cross examination.
State rests.
Frank Wheeler
Frank Wheeler, recalled on behalf of Defendant,
testified as follows:
Q. Mr. Hilgermann who was on the stand
a little while ago testified that as he was
going up to the saloon during the fight he
heard Mr. Fry say, “Give me my time book
and my checks.” And Mr. Hilgermann said
that was just before he came out of the
room. Your testimony was that Mr. Fry
asked you to get his book and his checks
A. Yes Sir.
Q. Where was the book and the checks at
that time
A. On the floor and in the water.
Q. About how far from the door
A. I should judge about 12 feet.
Q. Did you see Mr. Hilgermann as he came
over from the crossing to the saloon
A. No sir, I did not.
Q. You were probably standing looking in
at the door at that time
A. I was inside at that time.
120
Q. You testified that when you looked in
there the two men were at the back end of
the saloon clinching, and that each had a
hold of the axe handle
A. Yes Sir.
Q. Which end of the handle did Johnson
have hold of
A. The round end of the handle.
Q. And which end did Fry have hold of
A. The end that was broken off.
Q. Had you seen the axe handle before
A. Yes Sir, behind the bar.
Q. How long had it been there
A. I can remember three weeks that I am
sure of.
Q. Kept behind the bar all the time
A. Well, every time I was in the salon, off
and on three or four times every week.
Cross examination
Q. Take the axe handle and let us see how
it lay behind the bar
A. It just stood like that right against the
wall.
Q. Which end did Fry have hold of
A. This broken end.
Q. They were clinched pretty close together
then
A. Yes Sir, wrestling you might say.
Q. And it stood behind the bar broken end
up