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A

attention to him, I came in there, to Mr. Lilley’s place after I got back, and he was having a good time, I made the remark that he was, and as quick as they told me what his name was of course I remembered of seeing him before.

Q

Did he have a mustache or a beard?

A

He did have a mustache.

Q

What color was that?

A

Well sir I couldn’t tell you that.

Q

And how often had you seen him?

A

Why I couldn’t tell you just how many times.  I have seen him off and on at different places.

Q

Do you remember what kind of a hat he had on?

A

No, I don’t remember.

Q

Do you remember what kind of a coat he had on?

A

No, sir.

Q

Do you remember any of his clothes?

A

I don’t remember at all, I didn’t take any particular look at him at all.

Q

What is the reason you didn’t pay particular attention in regard to him as you did in regard to Mr. Shimmel?

A

Well sir because Shimmel did not look just right to me when I come along the road there.  When I meet a man I like to have him look up at me.

Q

You kind of made up your mind after this shooting - -

A

(Interrupting)  Not at all.

Q

(Continuing) Down there in Denison, you kind of made up your mind after that shooting that Shimmel didn’t look exactly right to you?

A

Page 48

A

He didn’t when I met him either.

Q

But you made up your mind afterwards didn’t you?

A

Why certainly.

Q

That is what I thought.

A

Certainly.

Q

That is what I wanted to get at.  And you didn’t see anything particular about his appearance except that he didn’t look up?

A

Well sir I don’t believe that in civilization like that, that people has any occasion for walking along and not looking up, at anybody.

Q

Did you ever see a man walk along the street and not look up?

A

Well along the street I have but no in the country.

Q

Never have?

A

No, I never did as I know of before.  I usually look up at everybody.

Q

And the only thing you thought peculiar about him was that he didn’t look up?

A

That was not it at all.  I knew the man.

Q

That was the only thing you thought peculiar about it?

A

Yes, sir.

Q

Was that he didn’t look up?

A

Yes, sir, because I knew the man and think that he would not look up.

Q

Now you knew the Frenchman too, didn’t you?

A

Yes, sir.

Q

And you can’t remember what kind of a hat he had on or what kind of clothes he had on or the color of them, can you?

A

I didn’t pay any attention to him because it was something I

Page 49

A

hadn’t any occasion to pay any attention to

Q

Did the Frenchman speak to you?

A

No, sir.

Q

He didn’t?

A

No, sir.

Q

What time did you meet that Frenchman in Coopersville?

A

Well sir it must have been somewhere half past seven or eight o’clock.

Q

Half past seven?

A

Eight o’clock, something like that.  About eight o’clock I should judge.

Q

What?

A

It must have been about eight o’clock.

Q

Why did you say half past seen a minute ago?

A

The car I went into Coopersville on does not get in there until 7:33.

Q

Where did you see the Frenchman?

A

I saw him in to Mr. Lilley’s when I saw him.

Q

The saloon?

A

Yes, sir.

Q

Then you went direct from the car right down to the saloon didn’t you?

A

I stopped there, yes, sir.

Q

And that was the first place you stopped then was it?

A

No, sir.

Q

What other place did you stop at?

A

I stopped at Mr. Simmers.

Q

Mr. Simmer’s saloon?

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A

Yes, sir

Q

Did you have a drink there?

A

No, sir.

Q

Did you have a drink at Lilley’s?

A

No, sir.

Q

And you did see the Frenchman then about eight o’clock?

A

It must have been something like 8 o’clock when I saw him.

Q

Now just go back a minute, I will ask you this, how long did you stay in Lilley’s saloon?

A

Well I didn’t stay in there but a very few minutes.  Just the time I could not tell you.

Q

Was that where you saw the Frenchman?

A

In Lilley’s saloon, yes, sir.

Q

Well about how long did you stay there?

A

Well I couldn’t say exactly, I couldn’t tell you how long.

Q

Do you know George Brown?

A

George Brown?

Q

Yes, sir.

A

At Nunica.

Q

Ed Brown?

A

Yes, sir.

Q

Did you see him there that day?

A

Coopersville?

Q

Yes sir?

A

No, sir, I did not.

Q

Didn’t see him there at all.  Did you see his brother?

A

No, sir, I didn’t see his brother.

Q

Did you see a man by the name of Griswold

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A

No, sir, not in Coopersville.

Q

Or a man by the name of Green?

A

I saw Mr. Green in Nunica.

Q

In Nunica?

A

Yes, sir.

Q

What time?

A

Well sir it must have been about seven o’clock when I saw him there.

Q

Where was he?

A

He was into Mr. Simmer’s saloon?

Q

What was he doing?

A

He wasn’t doing anything as I know of, he was standing around there, walking around.

Q

Did you talk with him?

A

Yes, sir, I spoke to him, I said good evening to him.

Q

You knew him very well didn’t you?

A

Yes, sir.

Q

How long since you had seen him before that?

A

Oh I see him nearly every time I go to Nunica.

Q

How was he dressed that night?

A

Well sir he had on a slouch hat, a big hat.

Q

What was it black or brown?

A

A black hat.

Q

What kind of coat did he have on?

A

He had on a black coat too.

Q

And overcoat or just a common coat?

A

He didn’t have an overcoat on when I saw him.

Q

He didn’t have an overcoat on?

A

Not Mr. Green didn’t.