Page 3  ( Continued )

CROSS EXAMINATION BY MR. TURNER.

Q

You say you have been in Nunica previous to this 23^rd day of April about six months continually?

A

Yes, sir.

Q

Where were you before that?

A

Fruitport.

Q

What were you doing down there?

A

Tending bar.

Q

And how long were you in Fruitport?

A

I was in Fruitport about six months.

Q

And whom did you attend bar there for?

A

Andrew Schottey.

Q

Up to the time that you came down to Nunica?

A

Well within two or three weeks of the time that I moved down there.

Q

What made you quit that job down there at Fruitport?

A

The man drank so heavy I couldn’t stand his abuse so I quit him.

Q

He abused you?

A

Yes, sir.

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Q

Where were you before that?

A

I was at Ebel Hass at Nunica.

Q

How long were you continuously at Nunica at that time?

A

I worked for him for a year.

Q

Tending bar?

A

Yes, sir.

Q

What made you quit your job with him?

A

He didn’t pay me money enough.

Q

So this man paid you more money down there did he?

A

He paid me more money, yes, sir.

Q

Now you say that you saw these parties in your place there on the 23^rd day of April do you?

A

Yes, sir.

Q

Was the proprietor of your place there?

A

I think he was there that night.

Q

You were there all alone during the day were you?

A

I was there tending the bar all alone yes, sir, there was nobody to tend to it only me.

Q

And you have stated the people that were in there that day, have you?

A

Well I don’t know as I have stated all of them, but I know they was in there because I was talking with them and talking with them about this man, when they were in there.

Q

All of these people that you have spoken of to Mr. Lillie in answer to his questions as to who was there, all those people were talking about Mr. Shimmel were they?

A

Why they were all talking, wondering who he was when he was in there, that is, all but the traveling man and I don’t know as he

Page 5

A

was saying anything, but he was in the party when we were talking.

Q

What talk was there about him that they should be asking about him?

A

Well they all seemed to know him but they could not place him and they were asking me who he was.

Q

Did they seem to know anybody else and could not place him in there that afternoon or that day?

A

I don’t know as there was, there wasn’t any one only him in there but what lived around there.

Q

Was there anybody playing cards in that saloon of yours that day?

A

Yes, sir, there was quite a number of them playing cards.

Q

Do you remember who it was?

A

Why Frank Green was playing cards for one.

Q

Who is Frank Green?

A

He is an old soldier that lives up there at Nunica.

Q

Who else was playing?

A

I think Jim Damerell was playing cards in there with him.

Q

You say that he was playing cards in there too was he?

A

I think he was.

Q

What makes you think that he was - - don’t you know whether he was or not?

A

He was generally playing cards when he was around there.

Q

Is that the only reason that you can give for saying that he was playing cards on this particular day?

A

Most every time he was in there he was playing cards.

Q

Just answer my question?

A

Yes, sir.

Q

That is the only reason you can give for saying that you think

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Q

he was playing cards on that day?

A

It is.

Q

Who else was playing cards there?

A

Well I couldn’t tell you who all was playing cards, they were playing cards all day off and on, and they came in and went out.

Q

Was Mr. Shimmel playing cards?

A

He was not.

Q

Was any of these other parties, Fremont Brown, playing cards there?

A

No, sir.

Q

Was this travelling man playing cards?

A

No, sir.

Q

How long was this traveling man in your place?

A

He was in there probably about fifteen minutes or twenty.

Q

Traveling men come in your place occasionally I suppose for fifteen or twenty minutes?

A

I never saw him before.

Q

I say traveling men do, I suppose.

A

Yes, sir.

Q

How long was Freemont Brown in there?

A

He was in there possibly about an hour, maybe not that long.

Q

About what time was Fremont Brown in there?

A

He came in along about three o’clock.

Q

About three?

A

Yes, sir.

Q

Well how do you place the time as being about three o’clock?

A

Well this traveling man he wanted to get the car and he was in there and was asking about the car and Freem had just come in

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A

before that and the traveling man came in with Ed and they went out and went over to the car.

Q

Do you know what car that was so that you can swear to it?

A

I don’t know just exactly what car.

Q

Wasn’t it the two o’clock car?

A

No, the two o’clock car had gone, I know they were talking about that, he wanted to catch that, or he came in on that, he either wanted to catch that one or came in on that one.  They were talking about the car.

Q

So that you remember it distinctly do you - - what else did the traveling man say?

A

I could not recall anything only they were talking about the car.

Q

Who was talking with him?

A

Ed Brown.

Q

What did Ed Brown say?

A

I could not tell you just exactly what he said.

Q

You can’t remember anything that Ed Brown said or anything excepting that the man said that he wanted to catch the next car, is that all you can remember?

A

Yes, sir.

Q

Well now will you tell me how it is that you remember that he made that remark when he came in, was there anything peculiar about it that settled it in your mind, when you cannot remember anything else that occurred there in the conversation?

A

When Ed came in he introduced him to his brother and he introduced him to me, and he stood there at the bar talking.

Q

Now isn’t it peculiar that you cannot remember any of the conversation excepting that he spoke about the car?