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

VS

William Shimmel - - - (Defendant)

Fremont Brown

           Cross Examination

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Page 23

 

 

Q

It might have been three o’clock when you got back to the store?

A

No response

 

 

Q

Did this party who went into the saloon with you go over to the store with you, to the grocery?

A

No.

 

 

Q

Did you leave him at the saloon?

A

I left him there when I came out?

 

 

Q

Who was at your store when you returned?

A

My partner was there.

 

 

Q

Any one else?

A

Well I don’t remember now there might have been.

 

 

Q

Where were you that evening?

A

At the store.

 

 

Q

Did you leave your store in charge of your partner when you were away that day?

A

I did, yes, sir.

 

 

Q

What is his name?

A

William Barbrick.

 

 

Q

Do you have the same partner now?

A

Yes, sir.

 

 

Q

How long has this partner been with you?

A

A year last February, the first of February.

 

 

Q

You had only been in partnership about two months before the 23rd of April 1906?

A

Oh about that.

 

 

Q

Who is this Frenchman that was in the saloon?

A

I don’t know him, he was a stranger to me.

 

 

Q

Did you ever see him before?

 

 

 

Page 24

 

 

A

I never saw him before.

 

 

Q

Have you seen him since?

A

No, sir.

 

 

Q

Did you see him after you left the saloon that day?

A

I did not.

 

 

Q

Does Frank Green live in Nunica?

A

Yes, sir.

 

 

Q

What is his business?

A

Well he doesn’t do much of anything.

 

 

Q

Has he any occupation at all?

A

No, I guess not.  He gardens a little - - labors around.

 

 

Q

You say the bartenders name was Sheler?

A

Andrew Sheler.

 

 

Q

Does he own the saloon?

A

No.

 

 

Q

Is he there now?

A

No, I don’t know just where he is now.

 

 

Q

How long had he been there before the 23rd day of April 1906?

A

Well I couldn’t just tell that.  I don’t know when they started the saloon.  I was here at the Haven living at the time.

 

 

Q

How many years has the saloon been opened?

A

Oh I should think about a year and a half.

 

 

Q

That is before the 23rd day of April

A

I should think so, somewhere along there I don’t know just when they did start it.

 

 

Q

How long was this man Sheler there tending bar after the 23rd day of April 1906?

A

Why he was there a few months I don’t know just exactly.

 

 

 

Page 25

 

 

Q

Do you know where he went to?

A

I think Grand Haven.

 

 

Q

You have seen him since have you?

A

Oh I have seen him several times since.

 

 

Q

Talked over this case since?

A

Never have talked to him about it since in my life.

 

 

Q

Have you talked with Mr. Griswold about this case since?

A

Well very little.

 

 

Q

You both agreed upon the time that you were in the saloon that afternoon?

A

No.

 

 

Q

WHO else did you say was in this saloon?

A

Well I don’t know.  There was some fellows in the back room playing cards at the time, I don’t know who they were.

 

 

Q

How many were playing cards in the back?

A

I think there was four of them at the table.

 

 

Q

Did you know who they were at the time?

A

Well I didn’t look to see, I didn’t stay there long enough.

 

 

Q

Was your brother back there playing cards with them?

A

No, sir, he came in there while I was there.

 

 

Q

What time was it when he came in the saloon?

A

Well shortly after I went in, probably five minutes after I went in.

 

 

Q

He was there when you went away?

A

No I think he went out, went out about the same time I did.

 

 

Q

Which direction did he go, do you know?

A

He went back to the store, to his drug store.

 

 

Q

Which direction is the drug store from the saloon there?

 

 

 

Page 26

 

 

A

Well it is about a hundred feet south on the main street.

 

 

Q

And you live the other side of it, your place of business is the other side?

A

Well I live on another street from where my store is - - west.

 

 

Q

Have you talked this case over with your brother?

A

I never have talked it with him at all only what little I heard the prosecuting attorney talking with him or the sheriff.  I didn’t know as he had ever said anything about it.

 

 

Q

You both agreed upon the time you were in the saloon?

A

No, I have not had any agreement with him.

 

 

Q

Did you see Shimmel that day after he left the saloon?

A

I did not.

 

 

Q

You don’t know how long he was there?

A

I do not.

 

 

Q

Did you see him around town any place after that?

A

No, I did not see him before that or after that.  I heard he was there before that in the forenoon.

 

 

Q

You say a man came in that you thought was Woodbury?

A

Yes, sir.

 

 

Q

Do you know who that man was?

A

He was the agent for the International Harvester Company, my brother said, he was a stranger to me.

 

 

Q

Have you ever seen the man since?

A

I have not.

 

 

Q

What did you drink in the saloon that day?

A

A glass of beer.

 

 

Q

How many?

A

One