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

VS

William Shimmel - - - (Defendant)

Thomas McCarthy

           Cross Examination

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Page 92

 

 

Q

Where you there present at his bedside at the time that he died?

A

No, not at the bedside.

 

 

Q

Where were you when he dief?

A

I was in some part of the house.

 

 

Q

Do you remember where it was?

A

No, I don’t know exactly where it was.

 

 

Q

Who came and told you first that he was dead?

A

I think Mrs. Carr was the first one I heard say that he was just dying.

 

 

Q

That he was just dying, but you can’t remember what part of the house you were in?

A

I don’t remember.

 

 

Q

And what did you do, you didn’t start to go in there, you just waited where you were did you?

A

Well I could not get in there.

 

 

Q

Was there a big crowd there?

A

Yes, sir.

 

 

Q

And you went there at two o’clock the next day?

Q

How long did you stay?

A

I think I stayed about two hours.

 

 

Q

Who did you talk with while you were there?

A

I think Ed Brown fro Nunica come there that afternoon, I think it was the next afternoon.

 

 

Q

And was Ed Brown the man that you talked with?

A

Ed Brown and anther deputy from Jamestown, I forgot what his name was.

 

 

Q

Was Ed Brown a Sheriff too?

A

He is a deputy Sheriff

 

 

 

Page 93

 

 

Q

Is he here to-day?

A

I don’t know. I don’t see him.

 

 

Q

Did you have a conversation with him there at the house?

A

Yes, sir, he come and asked my cousin and I how it was.

 

 

Q

Did you tell them the circumstances as you have detailed them to me this afternoon?

A

Yes, sir.

 

 

Q

Who did you say was with him, what other deputy?

A

I don’t remember his name - - from Jamestown.

 

 

Q

Did you detail to him also?

A

Yes, sir, the two of them was there together.

 

 

Q

Was that Andre?

A

I couldn’t tell.

 

 

Q

Wasn’t it Andre from Jamestown?

A

It might be Andre.

 

 

Q

Now where did you go from the house the next day after you left the Golden premises?

A

Went home.

 

 

Q

Anybody come down to see you down to your home?

A

Not that day as I know of.

 

 

Q

Wasn’t there anybody down there that day to see you about that matter?

A

I didn’t talk with anybody down there that day, that is there didn’t anybody come.

 

 

Q

Did you tell the deputy about this man going by you running?

A

Yes, sir.

 

 

Q

And about his wheezing?

 

 

 

Page 94

 

 

A

I didn’t say that he wheezed.

 

 

Q

Did you say that he had a heavy laborious breath?

A

Yes, sir.

 

 

Q

You told the deputy that at that time?

A

Yes, sir.

 

 

Q

That was not afterwards, I mean you told him right there that day, the day after the murder?

A

Yes, sir.

 

 

Q

Now how long were you at home that afternoon, after you came back from the Golden house?

A

Why I stayed around until chore time and then done my chores and went back up there that night.

 

 

Q

Went back up to the house?

A

Yes, sir.

 

 

Q

What time did you get there?

A

Why I should think about eight o’clock, very nearly, I guess it was eight o’clock.

 

 

Q

About how long did you stay?

A

I think it was twelve o’clock, along about that time when I went home.

 

 

Q

And did you have a chance to talk with Mrs. Golden any?

A

No, sir, I didn’t talk with her.

 

 

Q

Who did you talk with there that evening?

A

I talked with several, I don’t know as I can recall any of them.

 

 

Q

Can you recall any of the parties that you talked with that evening there at the Golden house?

A

Frank Culligan was one and Jonnie Golden was one.

 

 

Q

Was he a brother to Mart Golden?

 

 

 

Page 95

 

 

A

Yes, sir.

 

 

Q

Where does he live?

A

He lives north of Coopersville about two miles.

 

 

Q

Did you see Dr. Smith there?

A

Yes, sir.

 

 

Q

Did you talk with him?

A

Not personally.  We was all talking there.

 

 

Q

Did the doctor ask you about how the thing occurred?

A

No, he didn’t.

 

 

Q

You found out afterwards that you were the only ones that saw this fellow running by you, didn’t you?

A

Yes, sir.

 

 

Q

And you knew that you were a material witness in this case?

A

Well I don’t know as I did, I didn’t think anything about it.

 

 

Q

Well you knew you were very material, this man going by afterwards, you found out afterwards, you knew that whoever it was ran by down there or you made up your mind, done the shooting didn’t you.

A

Yes, sir.

 

 

Q

So that you knew that was a material fact in this case?

A

I thought so.

 

 

Q

And yet you say no one in particular inquired of you except the two deputies?

A

They were all talking about it.

 

 

Q

Did they want you to do the talking and tell them?

A

I did do the talking that night and told them the whole of it.

 

 

Q

Did you talk it over with Dr. Smith then and tell him personally about it?

 

 

 

Page 96

 

 

A

No, I did not.

 

 

Q

Did you talk it over with people in Dr. Smith’s presence there?

A

Yes, sir.

 

 

Q

So that the doctor heard you?

A

Yes, sir.

 

 

Q

And you told this matter as you have detailed it to me?

A

Yes, sir.

 

 

Q

Now then you went home at twelve o’clock that night?

A

Well about that, I don’t know exactly.

 

 

Q

Now that evening, did you see your cousin?

A

Yes, sir.

 

 

Q

Was he over at the house too?

A

Yes, sir.

 

 

Q

How long did he stay?

A

I don’t know.

 

 

Q

Well didn’t you and he generally go home together?

A

Not always.

 

 

Q

Well didn’t you generally?

A

Yes, sir, when we was there after the mail, when I started home he would come along as far as his place too.

 

 

Q

And do you know what time he came there or was he there when you came?

A

He was there when I came, that is, outside of the store, before I went into the house, there was several there.

 

 

Q

And you don’t know when he went away?

A

No, sir, I do not.

 

 

Q

Did you go there the next day?

A

Yes, sir.