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F R A N K   G R I S W O L D, having been produced as a witness for and in behalf of the people and having been duly sworn, testified as follows:

DIRECT EXAMINATION BY MR. COBURN.

Q

Where do you live?

A

Nunica

Q

How long have you lived there?

A

Well I have lived there twice the last two years.  I was in Grand Rapids last winter and back to Nunica this spring.

Q

Well where did you live during the spring of 1906?

A

Nunica.

Q

What time had you moved to Nunica at that time, at that time when you were a resident there?

A

I moved there in August in the fall before.

Q

And you remained there until when?

A

Until September the next fall.

Q

Then you were there from August 1905 to September 1906?

A

Yes, sir.

Q

Were you at Nunica on the 23red day of April 1906?

A

I was.

Q

Were you there in the afternoon?

A

Yes, sir, most of it.

Q

Do you remember being there about three o’clock?

A

Yes, sir.

Q

Did you see Fremont Brown that afternoon?

A

Yes, sir.

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Q

At about what time?

A

About three o’clock.

Q

Where was Mr. Brown?

A

He came up the street and I was standing in front of Zimmers saloon.

Q

Did you have any conversation with him?

A

He went up and spoke to me.

Q

What did he say if you remember?

A

He asked me if I would not go in and have a glass of beer.

Q

What was your reply?

A

I told him I would.

Q

You never refuse do you?

A

I never refuse.

Q

Did you go in and have the beer?

A

Yes, sir.

Q

Into whose saloon did you go?

A

Zimmers.

Q

Who was there when you went in?

A

Well there was quite a number in there.  I don’t know as I can name over them all.

Q

Who was tending bar there?

A

Andrew Sheler.

Q

Can you name anybody that was in there besides this Andrew Sheler and Mr. Brown, can you think of anybody?

A

Yes, sir, Frank Green was in there for one.

Q

Anybody else?

A

Yes, sir, there was this Frenchman was in there, his name was Mayo, Joe Mayo.

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Q

Was anybody with the Frenchman?

A

This man they call Shimmel.

Q

Is that the man who was there with him? (pointing to respondent)

A

It looks like him.

Q

Did you have any conversation with the bartender about this man?

A

Yes, sir, I noticed this man and I didn’t know him, he was a stranger and I asked him who it was and he said it was a man they called Bill Shimmel, and he said Whistling Bill Shimmel that is the way they told me, and asked me if I didn’t know him.  That is just the way he spoke.

Q

What did you tell them?

A

I didn’t tell them anything.

Q

About how long did you remain in the saloon?

A

About a half hour.

Q

Who, if anybody came in there while you were there?

A

There was quite a number that came in I couldn’t tell you who all the people was.

Q

Was there a Frenchman and the respondent in there at the time that you left?

A

Yes, sir.

Q

You say you stayed there about a half an hour?

A

Yes, sir.

Q

And you left about what time?

A

About half past three.

Q

How do you know it was that time?

A

While I stood in front of the saloon a man come there and wanted to go to Spoonville and wanted me to take him down and I looked at my watch and it was half past three.

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Q

(By Mr. Park) who was this man that wanted to go?

A

I couldn’t tell what his name was.

Q

(By Mr. Coburn) Do you remember how the respondent was dressed on that day?

A

No, I couldn’t tell.

Q

Do you remember what kind of a hat he had?

A

A soft had I think his hat was.

Q

Did he wear an overcoat?

A

I don’t think he did.

Q

Did he wear a long coat or a short coat?

A

Just a medium I should think.