Page 161

L L O Y D   A D K I N,   having been produced as a witness for and in behalf of the people, the following proceedings were had.

     MR. LILLIE:  I would like to ask the witness a few questions before the court administers the oath to him:

Q

How old are you?

A

Ten.

Q

And you are the son of Mr. Adkin here?

A

Yes, sir.

Q

Do you know what it means to take an oath?

A

Yes, sir.

Q

What is it?

A

To tell the truth.

Q

Now if you should not tell the truth, if you took an oath, could you be punished for it?

A

Yes, sir.

Q

Do you know what they could do with you?

A

Yes, sir.

Q

What could they do with you?

A

Put me in prison.

    MR. PARK:  Let me ask a question.

Q

Now the answers that you made Mr. Lillie, Mr. Lillie told you those, didn’t he?

    MR. LILLIE:  Sure, I will admit that.

Q

And he told you to answer the questions just as you have answered them?

Page 162

    MR. LILLIE:  I will admit that too, that I told the boy what it meant to take an oath and all about it, because I realize that these little fellows don’t know unless somebody tells them and I would not take advantage of a child and put him on there without having him understand what the meaning of an oath was.

    MR. PARK:  All I am asking for is to find out how he made these answers.

    MR. LILLIE:  I have told you.

    MR. PARK:  I submit that they are not proper, that he is not a proper witness to answer questions.  The witness has been informed to make answers to certain questions put to him.

    THE COURT:  Well you may ask him some further questions if you like.

    MR. PARK:  The answers you make Mr. Lillie you make because Mr. Lillie told you to answer them as he asked you?

A

Yes, sir.

Q

And did he ask you the questions before you came on the stand that he has asked you now?

A

Yes, sir.

Q

And he told the answers to make to those questions?

A

Yes, sir.

    MR. PARK:  He is not a proper witness.

    THE COURT:  That boy is old enough to know and intelligent enough I think.  Now you may hold up your hand and be sworn.

( The witness was here sworn )

Page 163

DIRECT EXAMINATION BY MR. LILLIE.

Q

Do you go with your papa sometimes when he goes after junk?

A

Yes, sir

Q

Now do you remember going with him one time when you stopped at a man’s house down near the little Dutch church, down south of Sullivan?

A

Yes, sir.

Q

And did you hear them talking about anything that happened the night before there that time.

A

Yes, sir.

Q

What were they talking about?

A

About Mr. Golden.

Q

About Mr. Golden.  Now where did you and your papa go after you heard your papa and that man talking about Mr. Golden?

A

I don’t know.

Q

You don’t know which way you went?  Do you remember where that little church is?

A

Yes, sir.

Q

Now when you went from Mr. Bolemas or that man’s house, did you turn to the right that way, and go up the road that way - - do you remember that?

A

Yes, sir.

Q

Now you were with your papa all that day were you?

A

Yes, sir.

Q

Now after you had left this little Dutch church and gone on the road with your papa, did you meet anybody in the road?

Page 164

A

Yes, sir.

Q

Who did you meet?

A

Will Shimmel.

Q

Now how long have you known Will Shimmel?  Do you know him?

A

Yes, sir.

Q

And have seen him there at your place have you?

A

Yes, sir.

Q

Do you remember who first saw Will Shimmel that morning, or that afternoon, you or your papa?

A

Yes, sir.

Q

Who?

A

I

Q

And whether or not you called your papa’s attention to it, did you say anything to him about him, to your papa?

A

Yes, sir.

Q

What did you say?

A

I said, “pa there comes Bill Shimmel”

Q

And how far ahead of you was it that you saw Bill Shimmel first, about how far - - farther than the length of this room did you see him?

A

Yes, sir.

Q

And he came right along towards you did he?

A

Yes, sir.

Q

And whether or not he stopped and talked with your papa?

A

Yes, sir.

Q

Now do you remember what kind of hat he had on?

A

Yes, sir.

Q

What kind?

A

Black

Page 165

Q

A black hat.  Was it a slouch hat or stiff hat?

A

A slouch hat.

Q

And what kind of pants did he have on?

A

Blue overalls.

Q

And do you remember whether his coat that he had on was kind of long and come down most to his knees?

A

Yes, sir.

Q

I didn’t come down below his knees?

A

No, sir.

Q

Do you remember whether your father at that time told Mr. Shimmel about the Golden murder or not?

A

Yes, sir.

Q

He told him about that did he?

A

Yes, sir.

Q

I don’t suppose Lloyd that you remember about what time of day it was?

A

No.

Q

And was Bill Shimmel afoot or did he have a horse and buggy?

A

A foot.

Q

Then after your papa and he had talked did you go on then the same way that you were going?

A

Yes, sir.

Q

Which way did Bill go?

A

That way. (witness indicating)

Q

He went the same way that he was going, passed by you?

A

Yes, sir.

Q

Did you see him after that day?

A

No.