Page 52

Q

What kind of pants did he have on?

A

Well sir I couldn’t say just what color - - dark clothes as near as I could see.

Q

Well were they dark?

A

As near as I could judge they were dark pants.  Not as dark as his coat.

Q

Now when you met Shimmel down there in the road did Shimmel have anything with him carrying it?

A

Not that I could see.

Q

Didn’t have a thing?

A

No, sir.

Q

Well now how did he have his hands, where were they?

A

Well sir he had his hands down by his side as near as I could see.

Q

Swinging them along like that?

A

Well he wasn’t swinging very much, he walked kind of humped over, shuffling along at a pretty good gait.

Q

If he had had anything in his hands of any magnitude you would have noticed it?

A

If he had had anything in his hands I would probably have noticed it.  He didn’t have anything that I could see.

Q

So that you are able to say that he didn’t have anything in his hands?

A

No, sir, I didn’t see him carrying a thing.

Q

When you saw the Frenchman that night did the Frenchman have anything in his hands?

A

I don’t know anything about that, I didn’t look at it.

Q

Didn’t you see the Frenchman have a small grip?

A

No, sir, I did not.

Q

You are willing to swear to that, are you?

Page 53

A

Yes, sir, I did not see him have anything.

Q

And what part of this saloon was he in when you first saw him?

A

The Frenchman?

Q

Yes, sir.

A

He was in the front part of the saloon there at the bar.

Q

What was he doing, taking a drink?

A

He was not when I saw him.

Q

Was he standing there and talking with somebody else or the bar tender?

A

He was talking to the bar tender, was the only man that I saw him talk with.

Q

Now when you got into Nunica it must have been about six o’clock?

A

Well it must have been somewhere around that or a little after.

Q

A little after?

A

Yes, sir.

Q

What did you do when you first got in there?

A

I went into the saloon with Al, the man that owns the place, Simmer, and they were bothered about lighting their lights and it was getting dark inside, so I went right back out again.

Q

How long were you in there?

A

Well not over five minutes, it could not have been over that for I just walked in and got a cigar and walked right down to the factory.

Q

And then you went right over to your place?

A

Yes, sir.

Q

And what was your business over there?

A

To test my tanks.

Q

How long does it take you to test those tanks?

Page 54

A

Well sir it didn’t take very long - - well sometimes if they need any salting it would take a half an hour.

Q

Did they need any salting that night?

A

I gave two tanks some salt.

Q

Do you  it take  think you over there a half an hour?

A

I don’t believe I was over there over three quarters of an hour because I walked right back and got into Nunica just a few minutes before car time.

Q

After you got back there, what is the difference between the cars there - - is there just exactly an hour?

A

No, sir, an hour and a half.

Q

And where did you go when you got back into Nunica, did you go to Simmer’s saloon again?

A

I waited there until the car came.

Q

Did you go anywhere else?

A

No, sir, I did not.

Q

And was the Frenchman still there when you got back?

A

At Nunica?

Q

No, I don’t mean the Frenchman, but who was there, I will ask you that?

A

I don’t remember of anybody being there only - - well there was a bunch sitting around the table playing cards

Q

Was Mr. Simmer there?

A

No, sir, he had gone.

Q

Was Mr. Griswold there?

A

Not that I could say.

Q

You know Mr. Griswold don’t you.

A

Yes, sir, I know him well.

Page 55

Q

You didn’t see him there?

A

No, sir, not at that time as I know.

Q

You can’t remember anybody being there but the bar tender?

A

The bar tender and Mr. Green, the one that I spoke to.

Q

Do you know why this Frenchman, Joe Mayo - -  was that his name - - do you know why he was at Nunica that day?

A

No, sir, I don’t, I don’t know anything about it.

Q

You didn’t see anything peculiar about his looks?

A

Why nothing only he was feeling real good.

Q

Now was he in Nunica or was he in Coopersville?

A

He was in Coopersville when I saw him.

Q

What was he doing there?

A

Why I didn’t see him do anything only saw him around there having a good time.

Q

Did you see him the next day?

A

No, sir, I did not.

Q

You were around Coopersville the next day weren’t you?

A

I was not.

Q

Where did you go the next day?

A

I went to New Era the next day.

Q

Have you seen the Frenchman since that time?

A

I have not.

Q

You saw him before that quite frequently didn’t you?

A

Not very many times, no.

Q

Well you saw him occasionally didn’t you?

A

Yes, sir.

Q

You saw him once a week didn’t you?

A

No, I don’t know as I did.

Page 56

Q

Didn’t he have a long overcoat on when you saw him?

A

I couldn’t tell you, I couldn’t tell you what he had on.

Q

And you haven’t seen him since?

A

I don’t recollect that I have?

Q

Do you recollect of hearing any talk in your town down there about not seeing the Frenchman since that time?

A

Well sir I have not, I have heard his name mentioned a good many times but I have not heard of anybody not seeing him since.

Q

You haven’t heard of anybody saying that they haven’t seen the Frenchman around there since the 23^rd day of April?

A

Not as I know of, no, sir.

Q

You would know it, wouldn’t you?

A

Yes, sir, I presume I would.  I could not swear that I have because I don’t know.

Q

Do you know about what time it was that the Frenchman got to Coopersville that day?

A

No, sir, I don’t know anything about it.