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

VS

William Shimmel - - - (Defendant)

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Dr. Frederick D. Smith

†††††††††† Cross Examination

 

Page 5† ( Continued )

 

 

 

CROSS EXAMINATION BY MR. PARKS

 

 

Q

Have you ever examined anyone that was shot before in the skull?

A

I donít call to mind just now a case.

 

 

Q

You never have seen any one that was shot in the skull even, have you?

A

I donít call to mind now any case.

 

 

Q

You say you did not probe into the brain.† You did not discover

 

 

 

Page 6

 

 

 

any ball from the gun shot, did you?

A

No, sir.

 

 

Q

Nor you didnít see any lead that was left on his skull?

A

No, sir.

 

 

Q

How far apart were those wounds?

A

Oh perhaps an inch.

 

 

Q

An inch apart?

A

Hardly that I guess

 

 

Q

You say one had a tendency to go down?

A

From the wound in the flesh.

 

 

Q

Did the ball glance off from the bone of the skull?

A

It didnít go through, that is, not where it entered the flesh.

 

 

Q

Where it entered the flesh and came out was the size of the wound the same?

A

I donít know where it came out.

 

 

Q

Would you say that it was in his head if it was a gun shot?

A

Well which wound do you mean?

 

 

Q

The one that glanced down.

A

I donít know whether it is in there or not, whether it went into the head or not, I donít know.

 

 

Q

Did you after he died try to find the balls?

A

No, sir.

 

 

Q

Were you the only physician there?

A

No, sir.

 

 

Q

What other physician attended him?

A

Dr. Fuller came, he came on the night train, midnight car,

 

 

 

Page 7

 

 

 

electric car.

 

 

Q

Dr. Fuller of Grand Rapids?

A

Yes, sir.

 

 

Q

What was the size of the wound tht appeared to have penetrated the brain?

A

I didnít measure it.

 

 

Q

What would you say in your best judgment?

A

Oh I should think perhaps it was a hole about the size of a 38 calibre or 32, about a 38 cartridge.† Of course that is guess work, I didnít measure it.

 

 

Q

What would be the diameter of a cartridge, 38 calibre?

A

Oh, I donít know, I never measured one of them, I am not much of a gunner myself.

 

 

Q

Was the wound hole a half inch across in diameter?

A

The hole in the skull?

 

 

Q

Yes.

A

I donít think so.

 

 

Q

Was it a quarter of an inch?

A

Somewhere about that.

 

 

Q

Somewhere about a quarter of an inch?

A

Yes, sir.

 

 

Q

The wound that you claim, if it was a gun shot, glanced down.† What was the size of that?

A

I think it was the same size.

 

 

Q

About the same size?

A

Yes, sir, from the wound in the skull.

 

 

Q

About a quarter of an inch?

A

Yes, sir.

 

 

 

Page 8

 

 

Q

In diameter or whatever the form was?

A

Yes, sir

 

 

Q

Or instrument?

A

Yes, sir.

 

 

Q

Couldnít another instrument have produced the same shaped wound other than a cartridge or a lead from a ball?

A

Possibly.

 

 

Q

You would not swear then that he was killed by the shot of a gun from the appearance of the wound?

A

I said it was my opinion that it was.† Of course that is only an opinion.

 

 

Q

You would not swear positively that it was that that caused his death?

A

No.

 

 

Q

Did those wounds bleed very freely?

A

Yes, sir, considerable hemmorage.

 

 

Q

Was there a stream of blood that left or just dropped?

A

Ozzing.

 

 

Q

Ozzing out?

A

Yes sir.† You asked about the doctors there.† Dr. Bayer was also there.

 

 

Q

Were they there before you or after?

A

Before.†† After.

 

 

Q

Did you stay until after they came?

A

Yes, sir.

 

 

Q

Do you know whether they made any examination of the skull after his decease?

 

 

 

Page 9

 

 

A

After his death

 

 

Q

Yes.

A

I think not.

 

 

Q

How long was it after he was shot that you appeared on the scene, if he was shot.

A

Oh it was a short time.

 

 

Q.

Was it a half an hour after?

A

I presume it was.† They telephone me and I telephoned for the livery to get things ready and the team came and took me down as soon as they could drive there.† It probably wasnít more than a half an hour.

 

 

Q

You didnít examine his heart or lungs nor any other organ of the body except these wounds?

A

His heart.

 

 

Q

What condition did you find the heart in?

A

Well it was normal when I got there, but sometimes of course the heart seemed very feeble.† We gave him a little stimulant for the heart.

 

 

Q

How did you administer the stimulant to him?

A

Gave him a tablet.

 

 

Q

One that he took internally?

A

Yes, sir.

 

 

Q

Did you give him any injection?

A

No, sir.

 

 

Q

What was the tablet that you gave him?

A

I gave him a tablet composed of strychnine and some other heart stimulants.

 

 

Q

What effect did this tablet have on him?