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

VS

William Shimmel - - - (Defendant)

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Dr. Frederick D. Smith

           Cross Examination

 

Page 10

 

 

A

Well I don’t know, his heart seemed to be a little stronger for a little while, whether it was that or not I don’t know, I suppose it was, but it is hard to say.

 

 

Q

Did it have a tendency to make him lie quiet?

A

No, it would have a tendency to stimulate his hearts action.

 

 

Q

That would give him more life?

A

Yes, sir.

 

 

Q

Was that the only medicine that you administered to him?

A

It was.

 

 

Q

Did any of the other doctors to your knowledge administer any medicine to him?

A

Not that I know of.

 

 

Q

Who took particular charge of the case, you or the other physicians?

A

I did until they got there.

 

 

Q

Then you turned it over to them?

A

No, I don’t know as I did.  Fuller came in and examined him.

 

 

Q

Did you see Fuller administer any injections or give him any medicine internally?

A

No, sir.

 

 

Q

He asked you of course what you had done for him?

A

Yes, sir.

 

 

Q

Who did you say this other doctor was?

A

Dr. Bayer.

 

 

Q

That is of Grand Rapids?

A

Coopersville.  When he came I was over east at the store, a few steps from there, whether he gave him medicine or not I don’t know, I don’t know that he did.

 

 

 

Page 11

 

 

Q

What time in the evening was it when you left the house that night?

A

It was past one o’clock.

 

 

Q

When did you come back again?

A

It was the next afternoon.

 

 

Q

Were you of the opinion that he would live when you left?

A

No, sir.

 

 

Q

Were the other doctors there when you went away?

A

They were.  Fuller could not get away until the morning train, he layed down and stayed until morning, that is why I went away because he was there.

 

 

Q

Did they tell you that they would stay there as long as he was alive if necessary?

A

He said he couldn’t get away until morning, I knew he couldn’t, there was no train.

 

 

Q

Do you know why there wasn’t any post mortem held?

A

Do I know?

 

 

Q

Yes.

A

Yes, sir.

 

 

Q

No one asked for a post mortem?

A

Yes, sir.

 

 

Q

You say the wound that penetrated the brain was a little to the right of the center of the skull?

A

Yes, sir, just a little bit.

 

 

Q

How far would that be, an inch or a half inch from the center?

A

Oh not to exceed a half an inch.

 

 

Q

And how high up was that wound from the eyebrows?

A

I think it was just a little nearer the eye brows than it was the hair.

 

 

 

Page 12

 

 

Q

If it had been a little lower it would have been below he base of the brain?

A

Yes, sir.

 

 

Q

What part of an inch would it have had to been lower to escaped touching the brain?

A

Why I suppose it would depend something on the shape his head was in, whether it was leaning forward or leaning back.

 

 

Q

Well from the shape of his head?

A

Well I mean the position his head was in.

 

 

Q

Yes.

A

Of course that I don’t know.

 

 

Q

Do you know who brought him into the house?

A

I do not, no.  He was in the house when I got there.

 

 

Q

What position was he lying in in the house when you came there?

A

On his back.

 

 

Q

Who was present when you appeared there?

A

Well I saw Mr. McCarty there, Thomas McCarty.

 

 

Q

Do you mean the old man or the young man?

A

The old gentleman and the young man both.

 

 

Q

Both the young man, young Tom and Sport.

A

Yes, sir.

 

 

Q

Is the young one the one they call “Sport McCarty”

A

He was there and his father.

 

 

 

   Mr. LILLIE: They don’t call young Tom “Sport McCarty” do they?

 

 

A

Why there is Thomas McCarty there, a man about 65 years old or 70, that is Thomas McCarty and his son they call “Sport”.

 

 

 

Page 13

 

 

 

   Mr. LILLIE: Then there is another Thomas McCarty?

 

 

A

There is another Thomas McCarty, yes, sir, and he was there.

 

 

Q

And a cousin of Sports?

A

A cousin of Sports.

 

 

Q

Then there is two of these Toms they call “Sport” McCartys and the other they don’t.

Q

Which one of the McCartys is it they call “Sport” McCarty?

A

That is the old man, Tom McCarty’s son and this other young Tom McCarty is John McCarty’s son.

 

 

Q

How many sons has he got?

A

This Tom?

 

 

Q

Yes.

A

Only one.

 

 

Q

Only one?

A

Yes, sir.

 

 

Q

And they call that son “Sport” McCarty?

A

Yes, sir.

 

 

Q

Who is the other Tom McCarty?

A

He is the nephew of the Thomas McCarty.

 

 

Q

Where does he live?

A

He lives a little west of Tom McCarty.

 

 

Q

How far west?

A

Oh it is not a quarter of a mile.

 

 

Q

Who else was there besides the McCartys?

A

The brother of the - - Will was there, Will Golden and McGrath, Mr. McGrath. Not proition he was there

 

 

Q

Do you know the first name?

A

Why there was another man there.