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E D W A R D   B R O W N, having been produced as a witness for and in behalf of the people and having been first duly sworn, testified as follows:

DIRECT EXAMINATION BY MR. COBURN.

Q

Where do you live?

A

Nunica.

Q

About how long have you lived there?

A

Over twenty years anyway.

Q

What is your business?

A

Postmaster.

Q

Anything else?

A

Deputy Sheriff.

Q

Anything else?

A

Druggist.

Q

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

A

Yes, sir.

Q

Did you see your brother in the afternoon?

A

Yes, sir, I did.

Q

Whereabouts was he?

A

He was in Mr. Zimmers saloon.

Q

Did you go into Zimmers saloon that afternoon.

A

I did.

Q

Who went with you?

A

Why Evans, traveling for the - - he stepped into the post office and said, “I have got time to buy one before I catch the car

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A

for Muskegon” and I went with him and let him buy one, that was all.

Q

What time does the car leave for Muskegon?

A

Why four something I think.  He got in from Grand Rapids at 2:29, he told me that he got in then.

Q

At 2:29?

A

He got in on that afternoon car.

Q

Were the cars running on the hour or the hour and a half schedule at that time?

A

The hour and a half schedule I think at that time.

Q

He got in at 2:29 and it leaves in an hour and half, and that would make it about four o’clock as you say?

A

Yes, sir, I should think something like that

Q

(By Mr. Park) He got into Muskegon at four o’clock?

A

No, it leaves there just a minute before the hour for the west I think.

Q

(By Mr. Lillie)  That is, leaves Nunica.

Q

(By Mr. Coburn)  The agent then was about to leave Nunica on that four o’clock interurban?

A

Yes, sir.

Q

Do you know whether he caught that interurban or not?

A

I think he did.  I didn’t see him afterwards.

Q

About what time was it you entered the saloon if you remember?

A

Why he said he had been up to Picketts and done his business with Pikett.  Pickett is an implement man there and he had done his business with him and stepped in there on his way going to the car.  I was acquainted with him.  That would make it about anyway three o’clock or after three when I saw him.

Q

Who did you see in the saloon?

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A

Why the bartender and my brother and there was two or three other fellows in the back room.  Thry got up.  There had been some - - they thought Mr. Evans was the sheriff when he came in there with me and they got up and walked out there.  There had been some bet about it or something, so I understood afterwards.

Q

Who else did you see in there besides those that you have named?

A

There was Mr. Green was in there and Frank Griswold and my brother and these two strangers, I think there was Pete Plant sat there by the table at the same time.  I don’t remember seeing Green in there.

Q

These two strangers that you speak of, who were they?

A

I didn’t know at the time, didn’t know either one of them.

Q

Did you make any inquiries in regard to them?

A

I did.

Q

Of whom did you make those inquiries?

A

Why I asked Sheler who they was after I heard of the murder.

Q

You didn’t ask him that day who they were?

A

No, I didn’t ask him until the next morning, I think it was.

Q

Is the respondent there one of the people that you saw in there that day?

A

That is the man there.  (pointing)

Q

How long did you stay in the saloon?

A

Why I might have been there ten minutes or five minutes, not over that anyway because I went right back to the office anyway.

Q

Are you acquainted with Mr. Shimmel?

A

No, sir, not only once before, I saw him in a case where he had a fellow arrested for stealing some money of him, shortly after or before I was appointed a sheriff.

Q

Did you go to Denison on the night of the 23^rd after you heard

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Q

of the murder?

A

No.