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

VS

William Shimmel - - - (Defendant)

Darwin G. Shavalier

           Cross Examination

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Page 220

 

 

A

was only the one time

 

 

Q

That was the same one that he had this day that you saw him go through there?

A

That is the only time I ever saw him go through there with a horse and buggy.

 

 

Q

Now you say speaking about his dress you are just giving your best judgment?

A

That is right.

 

 

Q

You do not swear positively that he had a dark hat or a light hat on?

A

Well I would be pretty positive that he had a dark hat and dark colored coat.

 

 

Q

You would not swear positively to it?

A

Yes, sir, I will that he had a dark colored hat.

 

 

Q

Was it a derby had or a slouch hat?

A

No, it was a slouch hat.

 

 

Q

He has always worn the same kind of a hat, hasn’t he?

A

I don’t know.

 

 

Q

What kind of a hat did he wear when you saw him in 1901, do you remember?

A

I think he was dressed something the same at that time, clothes nearly the same.  A man working in the coal kilns there, you could not hardly tell what color his clothes were.

 

 

Q

What kind of a hat did you wear on April 23rd, 1906?

A

I wore a derby had something like this.

 

 

Q

Always wear a derby hat?

A

No, not always.

 

 

Q

Most of the people around that country wear dark slouch hats

 

 

 

Page 221

 

 

Q

don’t they?

A

Some of them do.  No, not the most of them.

 

 

Q

Well during April?

A

There is very few of them wore in that town.

 

 

Q

Maybe they wear silk hats?

A

No, we are not so far advanced as they are in Grand Haven.  We have to take what we can get.

 

 

 

    MR. LILLIE:  He doesn’t live in Grand Haven, he lives in Grand Rapids.

 

 

Q

How long was it after the 23rd day of April before you saw Mr. Woodbury the sheriff?

A

Well I couldn’t tell just exactly, something over a year.

 

 

Q

He came to you and talked about this case?

A

He came along to my place there and wanted to know if he could feed his horses, him and another gentleman, and get some dinner and I told them they could.

 

 

Q

Do you know who the other gentleman was?

A

I heard his name but I can’t remember it now.

 

 

Q

Is that the gentleman sitting over there beside Mr. Woodbury?

A

No, sir, I don’t think it is.

 

 

Q

That is not the gentleman?

A

He was a gentleman from Coopersville.

 

 

Q

Have you ever seen him before?

A

Not that I know of.

 

 

Q

Have you seen him since?

A

No, sir.

 

 

Q

Is Mr. Woodbury the first officer that you have seen to talk about this case?

 

 

 

Page 222

 

 

A

Yes, sir.

 

 

Q

He is the only officer you have talked with about it?

A

The only one at that time.

 

 

Q

You have talked with several since?

A

Not that I am aware of.  There has been several there, two or three there, as to when he has been going through, but I don’t know whether they are officers or not, they might have been.

 

 

Q

Did you tell him the same story that you have told here?

A

I think I did, sir.

 

 

Q

You told him the date?

A

I did.

 

 

Q

When did you go to look at this record to see what date you telephoned?

A

The day that he was there to my place to dinner.

 

 

Q

Did he go with you?

A

He did.

 

 

Q

Have you got the evening Press that you read about this murder in?

A

I have not.

 

 

Q

Do you remember what the heading of the article was?

A

I do not.

 

 

Q

What page of the paper was it on?

A

I think it was on the first, though I don’t know.

 

 

Q

Was there any pictures of any of the parties on that?

A

I could not remember now, I never gave it a second thought from that time until here a few weeks ago.

 

 

Q

You are positive it was the Evening Press?

 

 

 

Page 223

 

 

A

Yes, sir, that is the only evening paper that I take.

 

 

Q

What did you do that day after you telephoned in Sullivan?

A

Walked down to the house again and sat down and read.

 

 

Q

How far do you live from where you telephoned?

A

About a half a block.

 

 

Q

Do you have any chores to do?

A

Well I have chores but I don’t do them.

 

 

Q

In other words, you don’t work unless you have to?

A

Well my health isn’t very good, hasn’t been for the last year and I have others that can do the chores, and I let them do them.  I am very willing that they should.

 

 

Q

Were you sick in April 1906?

A

No, not very sick.  I have been kind of grunting and growling around, I haven’t done very much.  In one sense of the word that is laborious work; sometimes I have a hundred and fifty people working there, and I have to scuffle around quite a little bit to look after those, but to go out and plough or drag or do anything like that, it is very seldom, I don’t think I have ploughed five acres in fifteen years.

 

 

Q

Can you think of anything that you have done - - I will withdraw that.

 

 

 

MR. PARK:  That is all

 

MR. LILLIE:  That is all

 

 

 

D G Shavalier

 

Subscribed & sworn to before me this first day of July 1907

 

Daniel C. Wachs

 

Justice of the Peace