Page 34  ( Continued )

CROSS EXAMINATION BY MR. PARK.

Q

Did he have anything with him when he was in the saloon?

A

I don’t understand you.

Q

Was he carrying anything with him?

A

Not that I know of, I didn’t notice anything.

Q

Had you been in that saloon in the forenoon that day?

A

Yes, sir.

Q

How many saloons are there in Nunica?

A

Two.

Q

Had you been in the other one that day too?

A

Yes, sir.

Q

Were you there in the forenoon?

A

I think I was

Q

What time of day was it when you were there in the forenoon?

A

I couldn’t tell you that.

Page 35

Q

Seven o’clock in the morning?

A

No, not quite so early I guess.

Q

What time do you usually get over there?

A

Well it is according to what I go for.

Q

You usually go to get something to drink don’t you?

A

If I go to get something to drink I go early; if I don’t, I don’t go.

Q

What is your business?

A

I am running that hotel there at Nunica.

Q

Were you in the other saloon in the forenoon?

A

Yes, sir.

Q

What time of day was it when you were in the other saloon?

A

I couldn’t tell you.

Q

You don’t know whether it was eight o’clock or twelve o’clock.

A

No, it wasn’t twelve I don’t think.

Q

Did you look at your watch that forenoon to see what time it was?

A

Yes, sir.

Q

During the forenoon on that day?

A

Well I generally do, I can’t remember whether I did then or not.

Q

And what time was it when you looked at your watch?

A

What - - in the forenoon?

Q

In the forenoon, yes, sir.

A

I couldn’t tell.

Q

Do you know what time you got up that morning?

A

Yes, sir, I generally get up betwixt four and five.

Q

Four or five in the morning.  Do you get up that early every morning?

A

As a general thing I do.

Page 36

Q

What time does the saloon open?

A

Well I don’ know, they calculate to open at six o’clock I believe.

Q

Have ou a bar in connection with your hotel?

A

No, sir.

Q

How far is the saloon from your hotel?

A

Oh one of them is about twenty rods I guess.

Q

How far is the other one?

A

About I should think, forty rods.

Q

On April 23^rd 1906 who owned the two saloons at Nunica?

A

Mr. Haas owned one of them and Mr. Zimmer owned the other.

Q

Which one was the closest to your place?

A

Mr. Haas.

Q

What saloon was it you say you saw Shimmel in?

A

Mr. Zimmers

Q

How far is that from your place of business?

A

About forty rods.

Q

That is the closest?

A

No.

Q

The furtherest one?

A

Yes, sir.

Q

How many times during the afternoon of April 23^rd were you in that saloon?

A

Once.

Q

You say someone came up to you and asked you what time it was?

A

No, sir.

Q

A man asked what time it was?

A

No, sir.

Page 37

Q

How do you know it was 3:30 then?

A

I said there was a man asked me to take him to Spoonville and I looked at my watch to see what time it was.

Q

Did he say what time he wanted to get to Spoonville?

A

No, sir, I told him I would go right down and hitch up and take him.

Q

Do you remember what time it was when you got to Spoonville if you went over there?

A

No, I didn’t look.  Probably about a quarter after four.

Q

How far is that from Nunica?

A

About two miles and a half.

Q

Did you immediately after 2:30 when this man asked you - -

   MR. COBURN:  (Interrupting)   2:30?  He said 3:30.

   THE WITNESS:  3:30

Q

(Continuing)  Go over and hitch up your horse?

A

Yes, sir.

Q

Then you drove over there two miles and a half?

A

About that.

Q

How long did it take you to hitch up your horse that day?

A

It would take me about five minutes.

Q

Then you started to take the man over?

A

Yes, sir.

Q

And you got over there about 4:15?

A

Somewheres about that time, I couldn’t tell exactly.

Q

What time was it when you returned to Nunica?

A

Oh it might have been a quarter to five.

Q

It took you longer to go than it did to come back?

A

I had a little more room.  I was in a hurry to get back.

Q

What kind of a vehicle did you drive over there?