The People of the State of Michigan - - - (Complainants) VS William Shimmel - - - (Defendant) |
Charles J. Douck Cross Examination |
|
Page 47 |
|
|
A |
attention to him, I came in there, to Mr. Lilley’s place after I got back, and he was having a good time, I made the remark that he was, and as quick as they told me what his name was of course I remembered of seeing him before. |
|
|
Q |
Did he have a mustache or a beard? |
A |
He did have a mustache. |
|
|
Q |
What color was that? |
A |
Well sir I couldn’t tell you that. |
|
|
Q |
And how often had you seen him? |
A |
Why I couldn’t tell you just how many times. I have seen him off and on at different places. |
|
|
Q |
Do you remember what kind of a hat he had on? |
A |
No, I don’t remember. |
|
|
Q |
Do you remember what kind of a coat he had on? |
A |
No, sir. |
|
|
Q |
Do you remember any of his clothes? |
A |
I don’t remember at all, I didn’t take any particular look at him at all. |
|
|
Q |
What is the reason you didn’t pay particular attention in regard to him as you did in regard to Mr. Shimmel? |
A |
Well sir because Shimmel did not look just right to me when I come along the road there. When I meet a man I like to have him look up at me. |
|
|
Q |
You kind of made up your mind after this shooting - - |
A |
(Interrupting) Not at all. |
|
|
Q |
(Continuing) Down there in Denison, you kind of made up your mind after that shooting that Shimmel didn’t look exactly right to you? |
A |
|
|
Page 48 |
|
|
A |
He didn’t when I met him either. |
|
|
Q |
But you made up your mind afterwards didn’t you? |
A |
Why certainly. |
|
|
Q |
That is what I thought. |
A |
Certainly. |
|
|
Q |
That is what I wanted to get at. And you didn’t see anything particular about his appearance except that he didn’t look up? |
A |
Well sir I don’t believe that in civilization like that, that people has any occasion for walking along and not looking up, at anybody. |
|
|
Q |
Did you ever see a man walk along the street and not look up? |
A |
Well along the street I have but no in the country. |
|
|
Q |
Never have? |
A |
No, I never did as I know of before. I usually look up at everybody. |
|
|
Q |
And the only thing you thought peculiar about him was that he didn’t look up? |
A |
That was not it at all. I knew the man. |
|
|
Q |
That was the only thing you thought peculiar about it? |
A |
Yes, sir. |
|
|
Q |
Was that he didn’t look up? |
A |
Yes, sir, because I knew the man and think that he would not look up. |
|
|
Q |
Now you knew the Frenchman too, didn’t you? |
A |
Yes, sir. |
|
|
Q |
And you can’t remember what kind of a hat he had on or what kind of clothes he had on or the color of them, can you? |
A |
I didn’t pay any attention to him because it was something I |
|
|
|
Page 49 |
|
|
A |
hadn’t any occasion to pay any attention to |
|
|
Q |
Did the Frenchman speak to you? |
A |
No, sir. |
|
|
Q |
He didn’t? |
A |
No, sir. |
|
|
Q |
What time did you meet that Frenchman in Coopersville? |
A |
Well sir it must have been somewhere half past seven or eight o’clock. |
|
|
Q |
Half past seven? |
A |
Eight o’clock, something like that. About eight o’clock I should judge. |
|
|
Q |
What? |
A |
It must have been about eight o’clock. |
|
|
Q |
Why did you say half past seen a minute ago? |
A |
The car I went into Coopersville on does not get in there until 7:33. |
|
|
Q |
Where did you see the Frenchman? |
A |
I saw him in to Mr. Lilley’s when I saw him. |
|
|
Q |
The saloon? |
A |
Yes, sir. |
|
|
Q |
Then you went direct from the car right down to the saloon didn’t you? |
A |
I stopped there, yes, sir. |
|
|
Q |
And that was the first place you stopped then was it? |
A |
No, sir. |
|
|
Q |
What other place did you stop at? |
A |
I stopped at Mr. Simmers. |
|
|
Q |
Mr. Simmer’s saloon? |
|
|
|
Page 50 |
|
|
A |
Yes, sir |
|
|
Q |
Did you have a drink there? |
A |
No, sir. |
|
|
Q |
Did you have a drink at Lilley’s? |
A |
No, sir. |
|
|
Q |
And you did see the Frenchman then about eight o’clock? |
A |
It must have been something like 8 o’clock when I saw him. |
|
|
Q |
Now just go back a minute, I will ask you this, how long did you stay in Lilley’s saloon? |
A |
Well I didn’t stay in there but a very few minutes. Just the time I could not tell you. |
|
|
Q |
Was that where you saw the Frenchman? |
A |
In Lilley’s saloon, yes, sir. |
|
|
Q |
Well about how long did you stay there? |
A |
Well I couldn’t say exactly, I couldn’t tell you how long. |
|
|
Q |
Do you know George Brown? |
A |
George Brown? |
|
|
Q |
Yes, sir. |
A |
At Nunica. |
|
|
Q |
Ed Brown? |
A |
Yes, sir. |
|
|
Q |
Did you see him there that day? |
A |
Coopersville? |
|
|
Q |
Yes sir? |
A |
No, sir, I did not. |
|
|
Q |
Didn’t see him there at all. Did you see his brother? |
A |
No, sir, I didn’t see his brother. |
|
|
Q |
Did you see a man by the name of Griswold |
|
|
|
Page 51 |
|
|
A |
No, sir, not in Coopersville. |
|
|
Q |
Or a man by the name of Green? |
A |
I saw Mr. Green in Nunica. |
|
|
Q |
In Nunica? |
A |
Yes, sir. |
|
|
Q |
What time? |
A |
Well sir it must have been about seven o’clock when I saw him there. |
|
|
Q |
Where was he? |
A |
He was into Mr. Simmer’s saloon? |
|
|
Q |
What was he doing? |
A |
He wasn’t doing anything as I know of, he was standing around there, walking around. |
|
|
Q |
Did you talk with him? |
A |
Yes, sir, I spoke to him, I said good evening to him. |
|
|
Q |
You knew him very well didn’t you? |
A |
Yes, sir. |
|
|
Q |
How long since you had seen him before that? |
A |
Oh I see him nearly every time I go to Nunica. |
|
|
Q |
How was he dressed that night? |
A |
Well sir he had on a slouch hat, a big hat. |
|
|
Q |
What was it black or brown? |
A |
A black hat. |
|
|
Q |
What kind of coat did he have on? |
A |
He had on a black coat too. |
|
|
Q |
And overcoat or just a common coat? |
A |
He didn’t have an overcoat on when I saw him. |
|
|
Q |
He didn’t have an overcoat on? |
A |
Not Mr. Green didn’t. |