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

VS

William Shimmel - - - (Defendant)

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Dr. Frederick D. Smith

           Cross Examination

 

Page 14

 

 

Q

Where does McGrath live?

A

He lives just a little further west than McCarty.  William FitzPatrick.

 

 

Q

Where does he live?

A

He lives a little west of Denison.

 

 

Q

How far is that?

A

Oh it is about a third of a mile I guess west.  Alexander Carr was there.  His neighbors were all gathered in there.

 

 

Q

He lived right there in Denison

A

Yes, sir, the neighbors right there in the vicinity.

 

 

Q

Who met you at the gate when you drove up there - - any one?

A

I don’t remember, there was quite a few standing around outside.  It was dark outside.

 

 

Q

Who was the first peson to speak to you when you arrived there?

A

I couldn’t tell.

 

 

Q

Who shoed you to the room where Golden layed?

A

Why I don’t know anyone.  I went right in, I had been there a good many times.  I didn’t wait for anybody to show me, I went right into the house.

 

 

Q

You assumed to know right where he was and proceeded to go right to him?

A

Yes, sir.

 

 

Q

Did any of the McCartys say anything to you while you were there?

A

I conversed with him.

 

 

Q

Did you talk with the members of the family?

A

I did.

 

 

 

Page 15

 

 

Q

Did they tell you what had happened before you got to where Golden was?

A

Not before I got there.

 

 

Q

After you were in the house, I mean

A

They were all talking about it.

 

 

Q

Do you know who called for you?

A

I do not.

 

 

Q

What was the message that you received that you responded to?

A

That I should come to Denison, they said Mart Golden was shot.  I supposed it was an accidental shooting until I got there.

 

 

Q

Did any of them try to tell you what they knew about the shooting while you were there?

A

They all talked about it, I don’t remember what they said.

 

 

Q

Did the McCartys try to tell you anything about the shooting?

A

I don’t know as they did.

 

 

Q

You say you talked to one of them.  What was the nature of you conversation?

A

I don’t remember particularly.

 

 

Q

It was in relation to the shooting affair?

A

There was quite a number there talking, they were all talking.

 

 

Q

Did they tell you where they were at at the time?

A

I don’t know as they did.

 

 

Q

Did you ask them if anybody had seen any of this shooting?

A

I don’t think so.

 

 

Q

Did you ask them any questions about this shooting?

A

Why yes, I did.

 

 

Q

Who did you ask?

 

 

 

Page 16

 

 

A

I don’t know as I asked any one in particular, there were several standing around there and I asked them going into the house if it was accidental or something to that effect, I don’t know as I directed my conversation to any one more than another.

 

 

Q

Everyone there appeared to be excited, didn’t they, more or less?

A

Yes, sir.

 

 

Q

Did the McCartys seem to be excited?

A

No more than the rest of them.

 

 

Q

Do you remember anything that they said to you about this shooting affairs?

A

No. I made the remark that they ought to go out and try to find the man that done the shooting, but they - -

 

 

Q

Who did you make this remark to?

A

Nobody in particular, in a general way.

 

 

Q

What was said in response to that?

A

Why I think his wife said, “take care of Mart, do what you can for Mart.”  They cared more for that than anyone else.

 

 

Q

Did anyone start out to find him?

A

Not that I know of.

 

 

Q

Did any one else suggest trying to find the man?

A

There might have been something said in that line.

 

 

Q

You don’t know of anyone starting out to try to find him?

A

I don’t know.

 

 

 

   MR. PARKS:  That is all.

 

   MR. LILLIE:  That is all

 

 

 

Added July 1st - 07 by Mr. Parks

Q

Did Dr Bayer probe in these wounds in Martin Golden’s head?

A

I think he did.

 

 

Q

Did he insert an instrument through the skull into the brain in your presence?

A

He did.

 

 

Q

Did that probe cause the wound to bleed more freely?

A

It did.

 

 

Q

Might not that probing have caused Martin Golden’s death?

A

I would consider it dangerous procedure.

 

 

Q

What time in the evening was that probing done?

A

It was about 11 o’clock.  I guess at it.  I had been there quite a while.

 

 

Q

Was this done under your instructions?

A

No sir.

 

 

Q

What did you tell Dr. Bayer when you saw him do that?

A

I advised him not to do it.

 

 

Q

Could you say that Martin Golden would have died from the wounds you found before Dr. Bayer probed in the skull?

A

I think the wound.  Yes.  I thought he would die from the wound.

 

 

Q

Might not that probing done by Dr. Bayer have actually caused his death?

A

I think the bullet wound would have caused his death.

 

 

 

That is all

 

 

 

Subscribed and sworn to in my presence this First day of July, 1907.

 

Fredrick D. Smith

 

Daniel C Wachs

 

Justice of the Peace