The People of the State of Michigan - - - (Complainants)

VS

William Shimmel - - - (Defendant)

Thomas McCarthy

           Cross Examination

Home        Previous        Next

 

Page 97

 

 

Q

After that?

A

Yes, sir.

 

 

Q

Stayed there some little time?

A

Yes, sir.

 

 

Q

And every day up to the time of the funeral?

A

Yes, sir.

 

 

Q

And after the funeral was over on Friday that was ten o’clock I suppose?

A

Yes, sir, about that.

 

 

Q

Did you go back to Golden’s house after that?

A

No, sir.

 

 

Q

Have you been back there since?

A

Yes, sir.

 

 

Q

When was you there last?

A

I was there on Sunday night after it happened.

 

 

Q

Was that the last time you were there?

A

Yes, sir, while they lived there.

 

 

Q

Well how long did they live there?

A

Well they only lived there a few days, they didn’t stay and live in the house there, they went to Coopersville a few nights after that.

 

 

Q

How many days would you say - - a week, did she stay there a week after the funeral?

A

No, I ‘aint sure, but I don’t think they stayed in the house only one night after that.

 

 

Q

Did she have some relatives living in Coopersville?

A

Yes, sir.

 

 

Q

What relatives were they?

 

 

 

Page 98

 

 

A

Her mother and sister.

 

 

Q

And she went down there?

A

Yes, sir.

 

 

Q

Now you think that they only stayed there one night after the funeral?

A

Well I ‘aint positive but I think that is all that they stayed in the house.

 

 

Q

Then you were there on Sunday night were you?

A

Yes, sir.

 

 

Q

What did you go back Sunday night for?

A

I went back with her brother, he wanted to get something out of the house?

 

 

Q

And you went back and assisted him in getting it?

A

I didn’t go in the house, no.  He got what he wanted.

 

 

Q

You went down to the house with him?

A

Yes, sir.

 

 

Q

Have you seen Mrs. Golden since she moved to Coopersville?

A

Yes, sir.

 

 

Q

When did you see her after that?

A

I saw her several times.

 

 

Q

Talked with her?

A

Yes, sir.

 

 

Q

Is she friendly and all right?

A

Yes, sir.

 

 

Q

Is she just as friendly as she ever was?

A

Yes, sir.

 

 

Q

When did you see Mrs. Golden last?

A

I saw her to-day.

 

 

 

Page 99

 

 

Q

To-day?

A

Yes, sir.

 

 

Q

When did you see her outside of to-day?

A

I saw her yesterday.

 

 

Q

You saw her here do you mean?

A

Yesterday, I saw her yesterday.

 

 

Q

Where did you see her yesterday?

A

Church.

 

 

Q

Down there at the church that you go to?

A

Yes, sir.

 

 

Q

Did you see her last Sunday?

A

No, sir.

 

 

Q

Did you talk with her when you met her at church?

A

Just spoke is all.

 

 

Q

Now did you ever see this man Shimmel before that night?

A

Yes, sir.

 

 

Q

Where did you see him?

A

I saw him up in the town of Ravenna at Mrs. Zoles.

 

 

Q

What does Mr. Zoles do, is he a farmer?

A

He was a farmer.

 

 

Q

And what were you doing up there?

A

I was visiting my sister.

 

 

Q

Does you sister lie up there?

A

She is married to Andrew Zoles.

 

 

Q

What was Shimmel doing up there?

A

He come there to spend the evening, they were playing Pedro.

 

 

Q

At Zoles?

A

Yes, sir.

 

Page 100

 

 

Q

How long ago was that?

A

That was about or twenty one years ago I should think, somewheres around there I don’t know exactly, but it is pretty close to that.

 

 

Q

Was that the last time you had seen him since this time?

A

Yes, sir.

 

 

Q

So that you can really say that you were acquainted with him?

A

Well I wasn’t acquainted enough to speak to him, I just see him there one night, I think one evening.

 

 

Q

And did he look just about as he does now?

A

Yes, sir.

 

 

Q

Hasn’t made any change in twenty-one years?

A

Older and he is not as heavy I don’t think.

 

 

Q

Did he have any beard or mustache at that time?

A

Well it was shaved off, only about a weeks growth on when I saw him.

 

 

Q

About a weeks growth?

A

Yes, sir.  Had a mustache.

 

 

Q

And a beard?

A

Yes, sir.

 

 

Q

You think he was heavier at that time?

A

Yes, sir.

 

 

Q

And you never saw him again until you thought it might have been him that night?

A

Well I didn’t think it was him.

 

 

Q

Well I know, but afterwards you thought it might have been him didn’t you?

A

I thought it might have been him.

 

 

 

Page 101

 

 

Q

Now there is one thing that I omitted.  Did anybody ask you there that night when the shooting occurred why you didn’t go and try to find this man and get him and stop him?

A

Yes, sir.

 

 

Q

Who asked you?

A

L.D. Taylor.

 

 

Q

Who is he?

A

He is deputy sheriff there at Coopersville.

 

 

Q

What did you tell him?

A

I told him we didn’t have any right to stop him and what would we stop him for.

 

 

Q

You knew that you did have a right to stop him, didn’t you?

A

No, sir, I didn’t know any such thing.

 

 

Q

If a man would kill your brother wouldn’t you detain him until a man arrived that could take him into custody?

A

We didn’t know that he had done anything then, exactly.

 

 

Q

You didn’t know that he had done anything exactly, but you imagined that he did from the statements you made to me, didn’t you.

A

That was afterwards.

 

 

Q

After the shooting you said, somebody has been trying to hold Mart up and he has shot at him and then you afterwards before he got to you - -

A

(Interrupting)  I said that Mart shot at him.

 

 

Q

I know, and after that before he got to you, you said, if that man done the shooting we want to look out.

A

Yes, sir, I said it.

 

 

Q

Now the reason you didn’t stop him was because you wanted to