C. M. Barnhardt being duly sworn deposed as follows:

Q. State your name, age, residence and occupation.

A. My name is C. M. Barnhardt. Age 40 years. I reside in Santa Rosa, Sonoma County. I am a constable of Santa Rosa Township.

Q. Do you know the parties in this suit?

A. I do.

Q. Have you ever heard the defendant say anything about one Sophy Nelson and if or when and where and what he said?

A. I did. About the 1st of Sept. 1889 in the Justices' Office of John Brown in Santa Rosa; he, Judge Brown stated to him the defendant, that he, Brown was about to begin a suit for the divorce for his wife on the ground of adultery of defendant with one Sophy Nelson; the defendant then said that he could get a divorce from his wife on the ground of desertion but he would have to wait a year for it, and that his wife, plaintiff, will good ground of divorce against him, as she, plaintiff, could prove by old man Nelson, that he, Nelson, had caught him, the defendant, an found ? of his, Nelson's wife twice.

Q. Do you remember the circumstances of defendant ? this man Nelson come ? last April for an assault with a deadly weapon.

A. I do. It was about the middle of April. He was discharged from custody.

Cross Examination:

Q. How long have you been constable of Santa Rosa Twp?

A. Since last January.

Q. Have you much acquaintance with the plaintiff or defendant in this case?

A. I never had any business with either of them much -- I have known them as husband and wife for six or seven years. I did some work for them once.

Q. Who was present when the defendant made his remarks you have mentioned in Judge Brown's office?

A. R. M. Swain an attorney, and Judge Brown and myself.

Q. Was he intoxicated at the time?

A. No. I think not -- he was sober.

Q. Do you know this Sophy Nelson?

A. I only saw her in Judge Brown's office when her husband was arrested April last.

Q. Do you know where they lived at the time?

A. They lived in the defendants' house on his ranch in Rincon Valley near Santa Rosa.

Q. Are you married?

A. No, sir.

Subscribed and sworn before
me Sept 28, 1889
<signed by> C. M. Barnhardt
John Yoss
Court Comr.