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

VS

William Shimmel - - - (Defendant)

Fremont Brown

           Cross Examination

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Page 19

 

 

 

CROSS EXAMINATION BY MR. PARKS.

 

 

Q

Where were you born?

A

I was born in Coopersville, Ottawa County.

 

 

Q

How old are you?

A

50 last birthday.

 

 

Q

What is your occupation?

A

Merchant.

 

 

Q

Have you always followed the same occupation?

A

Oh pretty near always - - miller, county clerk here for four years.

 

 

Q

What were you doing in the forenoon of April 23rd, 1906?

A

I was in the store all the forenoon.

 

 

Q

Waiting on trade?

A

Yes, sir.

 

 

Q

What ere you doing the day before?

A

Well I was there I thinking in the store all the time.

 

 

Q

Waiting on trade just the same?

A

Yes, sir.

 

 

Q

What were you doing the day before, two days before that?

A

Well I think I was at the store, I am there most every day, I hardly ever miss a day but what I am in the store.

 

 

Q

Where do you get your groceries from - - do you run a grocery store?

A

A general store.  I get some of them at Muskegon, some at Grand Rapids, the groceries.

 

 

Q

Did you receive any goods that you handle in your store on the 20th, 21st, 22nd or 23rd that you remember of?

A

Well I couldn’t say as to that, I might.  There was goods coming in every day

 

 

Q

During the forenoon of the 23rd, was there any one in your store

 

 

 

Page 20

 

 

 

That purchased anything?

A

There is always someone there.  Yes, sir, there was.

 

 

Q

Who, if anyone, was in there that purchased any articles that you can name?

A

Well I couldn’t tell you that.

 

 

Q

Who was in there in the afternoon if you remember that purchased anything?

A

I couldn’t name any one in particular, so many come in.

 

 

Q

How many times were you in the saloon that day?

A

Just the once.

 

 

Q

You say you think you went in about three o’clock>

A

It was not far from that.

 

 

Q

What was the occasion of your being there?

A

Well I had been down to my wife’s mothers for dinner and stayed there and visited and she was sick and I stayed there with her awhile and came along up town and I met Mr. Griswold and asked him if he didn’t want to go in and have a glass of beer and he said yes, so we went in.

 

 

Q

How far do they live from where your place of business is?

A

That is who?

 

 

Q

Your wife’s mother.  You stated she was sick.

A

Oh about 80 rods.

 

 

Q

You go over there pretty near every day don’t you?

A

No.

 

 

Q

Did you go over there the day before?

A

No, I wasn’t, not the day before.

 

 

Q

Were you in the saloon the day before?

A

I don’t think so.

 

 

 

Page 21

 

 

Q

Were you in the saloon the day after?

A

I think I was.  I won’t be sure about that, I think I was in there with an officer.

 

 

Q

You won’t say for certain but what you were in there the day before will you?

A

I won’t be certain about it but I don’t think I was, I don’t go in there very often.

 

 

 

MR. LILLIE: The day before was Sunday.

 

 

Q

I would like to have you give me the name of any one party that was in your store on the 23rd of April 1906, that purchased any articles or any one that came in there to see you that did not purchase any articles.

A

Well I don’t know as I could do it.

 

 

Q

You could not name a party?

A

I don’t think so.  Still I might if I should think it over a little.

 

 

Q

Can you name a party that was there the day after?

A

I think not.

 

 

Q

What time that day did you have dinner?

A

About one o’clock.

 

 

Q

Where did you eat?

A

At my wife’s mothers, my mother-in-law.

 

 

Q

That is about 80 rods from where this saloon is?

A

Yes, sir.

 

 

Q

What did you do between the hours of one and three o’clock?

A

Well I sat there and visited with them, with my mother-in-law.

 

 

Q

What time did you leave there house?

A

Well I don’t know as I could just tell that.

 

 

 

Page 22

 

 

Q

Did you leave there at 1:30?

A

Oh it was after that, it must have been after two o’clock when I left there

 

 

Q

Did you have a watch with you?

A

I think I did, I most always carry one.

 

 

Q

Do you remember looking at your watch?

A

No, I didn’t look at my watch.  At the time I am stating I saw these people in the saloon I didn’t look at my watch.  I know it was along in the afternoon, the sun was shining in the windows.

 

 

Q

You could not swear whether it was one o’clock or three o’clock positively at this time?

A

I couldn’t say just exactly, but it was pretty close to three o’clock, it must have been.

 

 

Q

You say you didn’t look at your watch.  Did you see any clocks that you looked at to see what time it was?

A

No, I didn’t look at any time.

 

 

Q

Then you couldn’t swear positively it was three o’clock, you are just giving a guess at it as you look at it now?

A

I couldn’t say just exactly, I think it was about three o’clock.

 

 

Q

And it might have been two o’clock.

A

Well it was after two o’clock before I left the house.

 

 

Q

Where did you go after you left the saloon?

A

Went right to the store.

 

 

Q

What time was it when you got to the store?

A

Well I don’t know, I didn’t look to see.

 

 

Q

It might have been five o’clock or it might have been but two o’clock except that you are guessing at it.

A

Well it was somewheres in the middle of the afternoon I know that, I couldn’t say just exactly the hour.