The People of the State of Michigan - - - (Complainants) VS William Shimmel - - - (Defendant) |
Darwin G. Shavalier Cross Examination |
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Page 215 |
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CROSS EXAMINATION BY MR. PARK. |
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What paper was that you saw it in? |
A |
The Grand Rapids Press. |
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The Grand Rapids Evening Press? |
A |
Yes, sir. |
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Q |
It comes to your house every day, does it? |
A |
Yes, sir, I have taken it for the last eight or nine years. |
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How long have you lived in Sullivan? |
A |
A trifle over nine years. |
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Raised sugar beets all that time? |
A |
Yes, sir, this is my ninth year in growing sugar beets. |
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What were you doing on the farm on the 24th of April 1906 |
A |
Conducting the work on the place, looking after the people that were working. |
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Putting out sugar beets? |
A |
No, we were fitting land for sugar beets. |
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Who did you have working on the farm that day? |
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Oh I couldn’t tell exactly, I don’t think I remember. |
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What particular work were they doing that day? |
A |
They were dragging. |
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Who was dragging? |
A |
I think Mr. Botruff. |
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Who else? |
A |
Mr. Young. It would be hard to tell exactly what people worked on that particular day. |
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What were you doing the day before, dragging or ploughing? |
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No. Of course those people never ploughed. I only had a trifle over ten acres ploughed last spring. |
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They were dragging it over? |
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Page 216 |
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A |
They were dragging it over. |
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What were they doing the day before that? |
A |
I suppose they were working there if they were working. |
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And the day after you saw Shimmel drive through Sullivan what did you do on the farm? |
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Oh, I couldn’t say. |
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Did you go to the village of Sullivan every day? |
A |
Yes, sir, I live there. |
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You live right there? |
A |
Yes, sir. |
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You telephone to your customers about feed about every week or month do you? |
A |
No, I think I telephoned on the 10th of April. |
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The 10th of April 1906? |
A |
And I telephoned on the 24th of April 1906, and then it was some little time before I telephoned again, perhaps a week or two weeks, I couldn’t tell, just as it happened. |
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When you telephoned there did you make a record on the telephone books in the store? |
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Do I? |
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Yes. |
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No, the people there do that. |
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The people that take charge of the telephone? |
A |
Yes, sir, Mr. Spoon or his wife. |
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You have no way of knowing whether they made that correct or not except as you found it? |
A |
No, I have not. |
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You say that the first time you telephoned before hat was on |
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Page 217 |
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the 10th of April? |
A |
The next time before that was on the 10th of April, yes, sir. |
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You are positive you didn’t telephone between the 10th of April and April 23rd? |
A |
No, sir, April 24th. |
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Did you telephone on the 25th? |
A |
No, sir. |
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When was the next time you telephoned? |
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Well I think it was a week or ten days after that or to weeks, something or anther. |
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You have no other way of telling that this was the 24t except as you have found it on the books kept by the people in the store there? |
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Yes, sir, that is proper. |
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As April 24th? |
A |
That is proper. |
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If it was the 23rd and they had set it down April 24th it is their mistake and not yours? |
A |
But I have something else. |
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I am not asking you about anything else. |
A |
I went down to Mr. Drennen’s where I get my feed to see at what date he shipped that feed to me and he shipped it on the morning April 25th, the next morning after I telephoned. |
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And can you swear positively that he shipped it the next morning except from his books? |
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That is all I can say, just from his books. |
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You have no way of telling whether it was the 24th or 25th except as you saw it on the books? |
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That is it. |
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Page 218 |
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Q |
What kind of a horse was Shimmel driving when he went through there that day? |
A |
Why a kind of a dark colored horse, I should judge it was a bay. |
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A nice looking horse? |
A |
Why just a fair looking horse, I didn’t take much notice of the horse. |
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What kind of harness did the horse have on? |
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Oh I couldn’t tell. |
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You say it was an open buggy? |
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Yes, sir. |
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You are positive about that? |
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Yes sir. |
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Did you ever see the horse and buggy before? |
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I don’t know as I ever did. |
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Have you seen it since? |
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Not as I know of. |
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Do you know whose it was? |
A |
I do not only by hearsay. |
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You say that was about four o’clock? |
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I think so, somewheres near four o’clock. Of course a man coming out of a field and not noticing he cannot tell just to the hour, but I should judge it was in the neighborhood of four o’clock in the afternoon. |
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Who else was with you when you saw him? |
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Oliver Alfred Lenquist, his name is. |
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He lives right there in Sullivan does he? |
A |
He lives nearly half a mile south of Sullivan |
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Page 219 |
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You know him well? |
A |
Yes, sir, I have known him for years. |
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Who else was there? |
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That is all I was talking with at that time. |
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Just you two? |
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Just those two. |
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Did anyone else in Sullivan see him go through there? |
A |
Not that I know of. In fact I never gave it a thought. |
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You have seen him go through there before hadn’t you? |
A |
Why I had not saw the gentleman not since he left there I don’t think from work. |
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In 1901? |
A |
Yes, sir, I think it was about 1901. I might have met him on the road somewheres betwixt that time, but I don’t remember. |
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You would not swear positively that you had ever met him since then? |
A |
Since what? |
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Since 1901 |
A |
Oh yes, I would swear positively that he passed there. |
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Passed through there? |
A |
Yes, sir. |
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With a horse and buggy? |
A |
Yes, sir. |
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On several occasions? |
A |
No, I didn’t say that. |
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The same horse and buggy? |
A |
I said one. |
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Did he have the same horse and buggy? |
A |
He only had the one horse and buggy, that ever I saw him drive, |