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

VS

William Shimmel - - - (Defendant)

Lloyd Adkin

†††††††††† Direct Examination

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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, didnít 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 donít 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 manís 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 donít know.

 

 

Q

You donít 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 manís 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 papaís 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, ďpa there comes Bill ShimmelĒ

 

 

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 didnít 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 donít 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.