Page 70

Q

Did you drink anything while you were in the saloon?

A

Yes, sir I did.

Q

Did you drink anything during the time Mr. Brown and Griswold were in the saloon?

A

No, sir, I did not.

Q

During that time you did not drink anything?

A

No, sir.

Q

Did you drink anything previous to their coming in the saloon?

A

I drinked afterwards.

Q

After they had gone away/

A

After Mr. Brown had gone away.

Q

Was there anyone dressed in light clothes in the saloon that afternoon?

A

Well I could not say as to that.

Q

They all had dark clothes on didn’t they?

A

Probably they did.

Q

That is the reason that you know that Mr. Shimmel had dark clothes on?

A

Yes, sir, he ad dark clothes on, I think.

Q

Did any one in that saloon have a derby hat on?

A

Well I don’t know; I don’t think that there was without it was this Frenchman; he might have had one on; I could not say as to that.

Q

Who is Charlie Douck?

A

He is Mr. Fred Douck’s son.

Q

Where did they live?

A

They live in Nunica.

Q

You say you saw him in the forenoon?

Page 71

A

No, sir, I didn’t.

Q

In the afternoon?

A

Yes, sir.

Q

It was during the time you were in the saloon that you saw him?

A

In the evening.  I think it was in the evening.

Q

I thought you said you were not in the saloon only once that day?

A

No, sir, I said I was there in the evening.  It was not in the day time.

Q

You figure the evening one day and the afternoon another day?

A

Yes, sir.

Q

When do your days begin and end?

A

Well I don’t know; that is known to myself.  They commence pretty early in the morning sometimes, and pretty late at night.

Q

It depends on how many times you go to the saloon that the days change?

A

No, sir, I don’t probably go to the saloon any more than any other man of my age.

Q

That is about the only place you have got to go isn’t it, at nunica?

A

No, sir, I can go to a good many places without going to a saloon.

Q

What time of day was it you were in the saloon the next day - - in the evening?

A

Well I was in I guess in the forenoon.

Q

What time did you have supper on the 23d of April 1906?

A

Well I guess I didn’t have no supper only a dish of bread and milk.  I am a great hand for bread and milk.

Page 72

Q

Were the rest of the family at home?

A

That is all that was staying with me.

Q

Are you living alone?

A

All but two daughters.

Q

You live with your daughters there?

A

Yes, sir.

Q

You don’t usually eat supper there?

A

Well we do sometimes when we feel like it.

Q

You will swear positively that you didn’t eat any supper that night aside from bread and milk?

A

I don’t think I did.

Q

What time was it you ate bread and milk then?

A

Oh, I don’t know; it might have been - - well I would not say what time it, whether it was before I went up town or after I came back.

Q

It might have been after you came back?

A

Yes, sir.  I very frequently take a dish of bread and milk before I go to bed.

Q

What time was it when you walked over to the saloon?

A

Oh, probably about half past six at night.

Q

That evening?

A

Yes, sir.

Q

How long did you stay in the saloon that evening?

A

Oh, I could not tell.

Q

An hour?

A

Well I don’t know.  I might have stayed an hour and I might have stayed longer; I could not say.

Q

Where did you go after you left the saloon?

Page 73

A

I think I went home without I went to the post office.

Q

What time was it when you got home that evening?

A

I don’t know; I didn’t look at my watch.

Q

It might have been ten o’clock?

A

It might and it might have been 11 and it might have been eight I could not tell.

Q

You could not swear positively to it at this time.

A

No, sir.

Q

According to you best recollection how long were you in the saloon that evening?

A

Well I will say that I was in there an hour I think.

Q

In there an hour?

A

Yes, sir.

Q

Now who all was in there that evening you were there?

A

I could not tell you because they kept coming in and going out; they dept coming in and going out.

Q

You can name one which is Charlie Douck?

A

Yes, sir.

Q

How was he dressed?

A

I think in dark clothes.  I won’t be sure; I won’t be positive.

Q

Black hat?

A

I think so.

Q

Soft or stiff hat?

A

I won’t say for sure.  He usually wears black too together; That is, dark colors.

Q

Who was tending bar in the evening?

A

Mr. Sheler I think was tending bar.

Page 74

Q

Mr. Sheler?

A

Yes, sir.

Q

After you left the saloon that time did you see Mr. Shimmel or the Frenchman after that?

A

No, sir I did not.

Q

Whereabouts do you live in reference to where that saloon is located?

A

I live about 160 rods west.

Q

Do you know how Mr. Shimmel was there?

A

No, sir.

Q

(BY THE JUSTICE)  To the best of you recollection what time was it when you went into the saloon that afternoon?

A

Well I don’t know as I could really be positive but I think it was along somewheres, it must have been after one o’clock when I went in, betwixt one and two; maybe a little before that.

Q

And you remained there how long?

A

Well I remained their I guess about an hour and a half, I went over to the post office and I went and came back and came into the back door of the saloon.

Q

And then how long did you remain?

A

I think about an hour and a half some time.

Q

So that it would make from 2-1/2 to 3 hours you were in their in all?

A

Yes, sir, somewhere about that time.

Q

(BY MR. PARKS)   You were in the saloon twice in the afternoon?

A

What?

Q

You were in the saloon then twice in the afternoon?