g  the  murderous  wound  in- 
flicted.

Barney  Kerr  and  Peter  Mungall,  the  par- 
ties accused,  were  brought  into  town  by  the 
officers  and  lodged  in  jail.  Their  preliminary 
trial  was  held  before  Judge  Givens  on  Tuesday 
and  Wednesday.

H.  E.  Muse,  the  arresting  officer,  stated

( 22  )

that  he  reached  the  scene  of  the  tragedy  about 
10  o’clock  Friday  night,  and  found  Barney  Kerr. 
I remarked  that  this  was  a sad  occasion  for  us 
to  meet,  and  asked  him  who  knocked  his  brother 
in  the  head ; he  said  he  did  not  know  anything 
about  it;  there  was  no  malice  in  him.  I took 
him  in  and  showed  him  his  brother  and  asked 
him  who  could  have  hit  his  brother  such  a ter- 
rible blow.  I asked  him  if  Scotty  hadn’t  hit  his 
brother;  he  said  that  Scotty  didn’t  have  a

d d thing  to  do  with  it.  I asked  him  if  there