The People of the State of Michigan - - - (Complainants) VS William Shimmel - - - (Defendant) |
Thomas McCarthy Cross Examination |
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Page 82 |
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cousin on the run that night? |
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No, I do not. |
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Are there any houses between the place where you and your cousin were standing and the store? |
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No, sir. |
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Not a house? |
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No, sir. |
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Do you know whether or not there was anybody on the road there between you and the store that night? |
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No, I do not. |
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Did you ever hear that there was? |
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No, I never heard that there was. |
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How was this man wheezing pretty hard when he came before you? |
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I could not say that he was wheezing, it was a heavy thick wind. |
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As if he had been running quite a ways? |
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Yes, sir. |
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Now twenty-five rods, if he had run twenty-five rods, that would not be a great ways to run, would it? |
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No, not a great ways. |
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It would not make a man with ordinary lungs wheeze very much would it? |
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No, I don’t think so. |
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And especially the way he was running? |
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No, sir. |
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You say he was just loafing along? |
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Yes, sir. |
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And you say he had one hand down here? |
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Yes, sir, his left hand was down like that. |
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Page 83 |
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And the other hand swinging out to his side? |
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Swinging loose, yes, sir. |
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How long did you stand there after he passed by you? |
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Well just as long as Mrs. Golden come out on the stoop with the lamp and called, it was not long. He didn’t get over eight rods from us from the time we started I don’t think. |
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He was about eight rods on the other side, was he? |
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Yes, sir. |
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When she called you? |
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Yes, sir. |
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What did she say when she called you? |
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She didn’t call us, she called Mart, she called Mart twice on the porch but he didn’t answer. |
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Then what did she say? |
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She started down the walk then. |
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And where did you meet her? |
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We met her right where Mart laid. |
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Was she the first one to get to Mart? |
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I guess so, that is the first we saw. |
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Who was there when you got there? |
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Mrs. Golden. |
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Anybody else? |
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No, sir. |
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Did Mrs. Golden say anything to you right at that time, you and your cousin? |
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When we come running along there she says, “who are you, who are you” and as soon as I spoke she recognized my voice. |
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And what did she say? |
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Page 84 |
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She didn’t say nothing, she was crying. |
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Did she say anything to you and your cousin? |
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I don’t remember that she did. |
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Didn’t she think at first that it was you that did it? |
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I don’t know. |
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Didn’t she so express herself? |
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I don’t know I never heard her. |
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I say didn’t she so express herself there that night? |
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Well she thought - - |
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(Interrupting) Whats that? |
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I didn’t quite understand your question. (Last question read) |
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Didn’t she kind of think in her wildness there that you were the people? |
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Yes, sir, I think she did. |
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That had done it. Do you remember what she said about that? |
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She thought it was them coming back again she said I think. |
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And what did you say to her? |
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I just spoke her name, I said “Oh Minnie, Minnie” just like that when I saw him laying on the ground. |
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Did she keep repeating that, she thought you were the ones that did it? |
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No, sir. |
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How many times did she say that? |
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Which. |
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How many times did she say that she thought you were the ones that did it? |
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I just heard her say it once. |
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Page 85 |
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And how long after you got there was it before some other people came? |
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I don’t think it was over ten minutes because we carried him in the house. |
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You and your cousin carried him in? |
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Yes, sir. |
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And do you remember who came first after that? |
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Mrs. Carr came to the house I guess. |
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Who else? |
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Well I don’t know who was the next one that come to the house. |
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You say that he died that night at two something? |
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I think it was a quarter to two. |
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How long did you stay at the house? |
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I stayed their all night. |
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And did your cousin stay there also? |
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I think he went home some time during the night. |
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Do you know what time he went home? |
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No, sir, I do not. |
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Did you go to bed there? |
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No, sir. |
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You stayed up? |
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Yes, sir. |
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And was your cousin under the influence of drink in any manner that night? |
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No, sir. |
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And was he a man that drank some? |
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He drinks sometimes. |
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But he had not been drinking that night? |
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Page 86 |
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No, sir. |
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You could not tell what time he went home? |
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No, sir I could not. |
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Now you were on pretty good terms with the family weren’t you, you and your cousin? |
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Why I suppose so I never had any trouble. |
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You were on good terms with Mart and so was our cousin? |
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Yes, sir. |
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Did you ever do any work for Mart? |
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No, sir. |
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Did your cousin? |
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I don’t know, not as I know of, he might. |
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Didn’t he ever do any work for him? |
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I don’t know. |
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Don’t you know whether Golden ever hired him to do any work for him or not? |
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I ‘aint up around there day times, just evenings I go up there for the mail, and he might work for him and I wouldn’t know it. |
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What was your cousin’s business? |
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Farming. |
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Was he up town quite a little? |
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What town do you mean? |
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Denison. |
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Why he lives right there near the - - |
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(Interrupting) I know, but I say was he right up there to the store a good deal? |
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Yes, sir. |
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And don’t you know of Mr. Golden having him in the store there |