Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-11-28

thought he was in his right mind he
wanted to sit up; part of the time he sat up
and part OF the time he lay down; he was
bleeding from his mouth and nose.
MA. PECK SWORN.
l reside in Deer Greek; knew Barnes; saw
him May Goth last at his house in bed; it
was in tho afternoon about o'clock; he was
sitting up or reclining; his face was swollen;
only stayed half an hour. Witness here
described the wounds went to him and
said you are badly hurt; he made no reply;
/ I saw him the next morning:
did not converse with him:
| was with him every day and helped take
care Of him; heard HIM tell how he was
hurt on the Friday following; heard him
asked how he was hurt about twenty min
utes before he died Mr.. Regain asked him
Albert Wright was also present; DR.. Crom-
met and Mrs. Peck were also there : he made
answer, but did not hear it so could tell
1t; he seemed to be dying; on the Friday
/ spoken of he told twice how he was hurt
he told the story to Mrs. Burrows and Mrs.
Wright; gave clear and rational account
the first time, but was rather more hesitating
the next time; he was getting weaker.
Cross examined-I have been married
eighteen years; lived in Fsribault one wear;
my wife resided on Barnes place; my place
Is one and half miles from Barnes; have
known Barnes twelve years; knew him in
Relso, Sibley county; Barnes was divorced;
his daughter is between 8 and 10 years old;
have bean very intimate with Barnes for ten
years; he made his home with US; I was not
with him when he kidnapped his child from
his wife; was not called on the stand in his
divorce case; am related to Frank Gordon;
he is my brother-in-law; l made complaint
against Heathcote; he was shown complaint
think that is my signature;
have not taken any especial interest in this
matter; did not write to Gov. Davis to be
counsel, nor did I see letter written to
| him; did not tell Capt. Thompson that the
| jury was packed; I said I could see which
| way the thing was going; the team that
Barnes was driving the day he was hurt was
g fiery team. The complaint, which was
shown the witness, stated that Heathcote
killed Barnes with club and was sworn to
positively, and not on information and be-
lief, and, as the evidences shows, the witness
knew nothing except by hearsay.
| MRS. N. A. PECK SWORN.
live in Deer Creek; have lived there four
years; know Barnes; was with him when
he died on June 6 last; saw Barnes on the
Goth of May soon after he was hurt; it was
about noon; he was in the kitchen; he
was sitting there; he was delirious and ha
left his bed pieces OF flesh were hanging
down; he could only open one eye; he was
bleeding constantly from the mouth; there
was large swelling on the left side of the
| Gol
hand; said, can you tell me how you were
hurt; he said no; asked him
several times how he was hurt; he was not
able to tell me; I attended him during the
night; all this was On Monday, the day he
was hurt; took care OF him until he died
he appeared rational at times; he told me
how he was hurt on Friday succeeding; he
did not talk very much; | heard him make
| this statement to others on the same day: he
asked me how he was hurt; what ails me, he
said; said you have been sick; he said what
made me sick; l said you have got hurt; he
said where; said over near the field; he
said, how? said We think somebody struck
I you; he was not perfectly nationals his con-
dltion on the other days was much the same;
| he was conscious for few moments
at time; this was his condition all the
time; he died about o'clock; was present
whom Regan and Wright were there; I heard
them ask Barnes how he was hurt; this was
twenty minutes before he died; he was on
the lounge in the sitting-room; he appeared
rational; he was getting weakly; his little
daughter came in; he touched her cheek; he
said what does Lula say; she said she wished
to stay with her auntie; this was about
o'clock in the morning; he said that is right,
stay with your auntie: he said to me, where
are your folks; want to see them; he spoke
their names; he asked if he was laid out
right; want you at once to lay mo out as
[ always lay; his sister said do you
trust in God be said trust him always:
DR. Crommet came in the afternoon; Barnes
said don't want to see the doctor to-day, l
want to go home; he used liquid food alto
gether; he could not nasticate; his sister
gave him little portage; it seemed too thick
| for him.
At this point the attorneys held a long ar
gument as to the admission of Barnes state
ment how he was hurt. The court decided
that the testimony should be received. The
attorney for the prisoner excepted.
Mr.. Peck continuing: Mrs Ryan and Mr..
Wright were present on the day he died;
Mr.. Regan said, can you tell us how you
We're hurt; MIR. Barnes said, l guess SO; he
spoke SO indistinctly could hardly under
stand him; he turned his head towards me
and said, 'you tell, J" "tell about the CLUB I
said to Mr. Wright, it will do no good, will
it; he said no, he must tell it himself;
Barnes called his daughter Lula twice; she
came to his bedside; he said, tell, tell it,
said you can't tell it my child; she said can;
she went away and Mr. Regan and Wright
went out of the room, and Barnes turned to
mo and said something which [ could not
understand; said tc him it's all right, [ will
tell it; nothing more occurred that know OF.
The cross-exami :ation of the witness was
quite amusing. She is a regular Mrs. jerks.
She got back some good hits at the council,
but he could get nothing moro out of her.
DIR. cRoMMEr SWORN.
live at Wadena am physician; | did
not know Mr.. Barnes until was called in to
see him; attended him eighteen days
II was with him when he died I
saw him the day he was hurt
he was restless; he required to be lifted in
bed to breathe easier; his general appearance
was bad; his face was swollen and discolored,
especially the left side; his left eye was
nearly, if not completely, closed; there was
a bad swelling on the left side of his neck;
there were several cuts on his face, one nerr
bLio 1SAt toAPle; tuc "OunuS SS1o puuClufeU;
there was bruise behiRd the right ear; his
nose was bruised; a wound on the left jaw,
not of any importance; his lips were swollen
badly; after looking him over, found his
chest badly crushed Or stove in;
there were no wounds on the
outside; the only internal injury I noticed
was some internal bleeding; found this by
listening over the chest; saw him the second
afternoon; he was unchanged; he was quite
J restless during the night; he was bolstered
up; theSnext visit he was q little batter: he was