Book 2 - Nathan, Amy, Madison and Ethan Berga

A. Yes Sir.
Jerome Fry
Jerome Fry, being first duly sworn on his
own behalf, testified as follows:
Q. You are the Defendant, Mr. Fry
A. Yes Sir.
Q. You may begin at the beginning and
state how this matter occurred
A. Well, I went down to the saloon on the
26 th . In the afternoon to see Mr. Johnson,
to see if he would help me a little on his
board bill. He had been boarding with me
and he had run a little account with the
boys that are working on the section with
me, and he told me if I would send in the
bill to be collected for him that he would
turn it on the board that he owed me, so
I turned it in and got a check, and I took
it down and gave it to him and I said,
‘There is the check that I got for you and
I want you to endorse it,’ and he took it
and looked at it and put it in his pocket.
I had the time book in my hand, and he
took up the axe handle. I said, ‘Give me
back my checks.’ And I struck at him with
the axe handle. He grabbed a bottle and
a glass and struck at me and clinched me
and took the handle away from me at the
door, and I tried to get out then. I gave up
trying to get my checks then; he was too
much for me and I thought I would let my
checks go. He kept me from getting out
and I started for the back door and he went
after me and he struck me and I picked up
a piece of board he had for kindling and I
struck at him two or three times with that.
I think I struck him on the head and we
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clinched, and after we clinched, Wheeler
came in the door and I said to Wheeler,
‘Come in and pick up my checks and help
me to get out.’ And he said, ‘No, I don’t
want to have anything to do with it.’ We
scuffled up and down there and finally I
saw a chance to get loose of him and I ran
for the front door. He slipped and fell and
I saw my checks in a pail of water and I
grabbed them and ran. He followed me
and closed the door.
Q. You heard Mr. Hildermann’s testimony
with regard to your making a statement
at the house to the effect that you did not
want to bring any proceedings against him
to collect your bill because you struck the
first blow. What was the facts about that
A. We did not talk about that. I talked
about the axe handle, I said, I struck him
the first blow with the axe handle.
Q. Who was there when you talked with
Mr. Hilgermann
A. My wife, my brother’s wife, Frank
Wheeler.
Q. How long had you known Johnson
A. I have known him since the first of August.
Q. You say he had boarded with you
A. Yes sir, he boarded with me all the time
until we had the trouble.
Q. What had been his habit during that
time as to drinking
A. Well, that man was what I consider a
pretty heavy drinker. I had to lead him to
the table and up and down to keep him