Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-11-29
WALTER s. HEATHcoTE SWORN.


am SO years old; am married; have six
children; have lived in Der Creek six years;
was employed by the N. P. railroad as master car
builder; had homestead in Deer creek; l first
met Barnes about foar years ago, in the fall, at
my place in Deer Creek, in com pany with the
Gordons; they wanted homesteads; showed
Mr. Barnes his homestead; lived quietly with
Mr.. Barnes until the next summer, when | had
difficulty with him; was not at home
on the 10Th of May last; | was
subpenaed to come to Fergus Falls; Mr.. Hoyt
go unless | was subpuuaed; l made arrange
ments with Mr. Eoyt to meet the train on The
Otter Tail road; this WAS about 8 O'clock, and
got ready to go Immediately; | started from
my home about half-past nine. The witness
then explained map of the country, where
the ARRAY occurred, to the jury. The drst man
saw that morning was Carew, near the fence
in the field, bent over and his back towards
me; | thought he bag, but
he stood up shortly after and
l saw it was a man; first thought it was Bar.
Burrows, but afterwards saw it was Mr.
Carew; he was about thirty-hve rods from the
guide board; had gone about thirty rods,
when saw team coming ON the same road
that was travelling on; when the team came
over the hill, saw it was Eir Barnes; ne came
down the hill; l turned cut of the road; he
stopped the horses, ana stopped, looking on
him; the horses were quiet; l have seen
the girl drive them; I asked him if he
had torn down my fence; be said
he had: he would tear il down every time [
put it up; told him if he did L was going to
Fergus and should ind out if he had legal
right TO tear it down; he said he had; he should
tear it down every time put it up; told him
he was mean enough to do anything; he made
some reply; called him q wboremonger; l
started on; had got little way; l had valise
I 49, 4
out Of the wagon; he came ont over the fore
wheel, and pulled the lines with him
he SAID, have tsken ell The abuse from you /
am going to, and struck in the mouth Sc
we're blow, which nearly Knocked me down; it
cut my lip on the inside. and loosed nv teeth.
AS soon as he struck nae, dropped my valice
and grabbed him, and caught him by the side
of the neck and threw him the wheel
Of the wagon; he had hold of my
arm; he then got loose from me and
sprang to the west eide of the
wagon; the team started, and he struck me
again, first with one hand and then the other;
l avoided his blows IS well as l could; we
fought mp the road three four rods and
crossed the road; he jumped at me and [ AVOID
ed the blow; he kicked me in the knee; 1 struck
at him and knocked him down, and caught him
by the hair and struck him in the face; I had
him down with my knee ON his side, trying to
keep him down; am taller than him; ne was
heavier built than me; about the same
weight az myself; when l had him down /
struck him several times; soon he ceased
resisting got up and took my valise and coat
and started; saw the team going over the
hill; saw Barnes hat lying in the road, about
six or eight rods away. l then went on and
looked back at Barnes, and thought he would
get up; thought he had pistol; I thought
he would shoot me; had been told he mad
said he would; l went to some oak
timber the west side of the road !:
Istopped then and looked back; it was about
100 rods from where left Barnes; was about
eighty rods from where expected to meet the
team; l examined the road and found they were
gone; found them q little further on; my
face and mouth were bleeding; my hand was
sore; my knuckle was tender; 1 thoughta bone
was broken; when came to the team bir. Lane
and MIR. Bolton were there; told them had had
an encounter with Barnes; told them thought
| had hurt Barnes; | told them some of them
had better go back and see after Barnes; two of
them went back; they were gone about half an
hour; they came back and said he was gone:
We then came on and went on to Fergus;
made no secret of my encounter with Barnes:
told the county attorney about it; he asked
me about it.; told him I
thought I had whipped him; ] frat
heard Barnes was hurt the same day in the
afternoon; was arrested on Wednesday on the
charge OF doing great bodily harm; I gave
bonds and waived examination; I was arrested
again on the Tuesday folloaing on the charge
Of an attempt to kill Barnes; was held here
until after Barnes died; I told the county at
torney that if Barnes died it would leave me il
precarious condition; Z was afraid they would