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

VS

William Shimmel - - - (Defendant)

Edward Brown

†††††††††† Cross Examination

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Page 50† ( Continued )

 

 

 

CROSS EXAMINATION BY MR. PARK.

 

 

Q

Are you a deputy sheriff now?

A

Yes, sir.

 

 

Q

You were deputy sheriff April 23rd, 1906

A

I was

 

 

Q

How long have you been postmaster?

A

I was appointed in 1891

 

 

Q

You are postmaster now?

A

In 1901 I mean.

 

 

Q

And you are postmaster now?

A

Yes, sir.

 

 

Q

You say this Evans is a traveling implement salesman?

A

Yes, sir.

 

 

Q

When had you seen him before this day?

A

Oh I had met him in Grand Rapids and I was acquainted with him when his father was sheriff of Berrien County.

 

 

Q

What time of day was it when he came in Nunica?

A

He got in there in the afternoon, on that 2:29 car.

 

 

Q

The 2:29 car.† You are positive of that?

A

Yes, sir, I asked him.

 

 

Q

Did you see him when he came?

A

He came along there by the office and stopped in when he went to Picketts and he was in at Picketts and done his business and

 

 

 

Page 51

 

 

A

came back again

 

 

Q

How long was he at Picketts?

A

He might have been gone a half an hour, I didnít pay any particular attention.

 

 

Q

And then he came back and you went over to the saloon?

A

Yes, sir.

 

 

Q

And stayed there about five minutes?

A

I wasnít there over five minutes I donít think.

 

 

Q

Then you went back to the depot?

A

No, I didnít go to the depot with him.† He had his valise and things and walked right on over to the depot and I went back to the post office.

 

 

Q

You thought he left before four?

A

I donít know just exactly.† If they ran on the hour and a half schedule it was just somewhere about four oíclock, that the car left for Muskegon.

 

 

Q

You saw Peter Plant you say in the saloon?

A

Yes, sir.

 

 

Q

Who was he?

A

A fellow that hangs around there, a laborer.

 

 

Q

He lives in Nunica?

A

Yes, sir.

 

 

Q

What was he doing in the saloon?

A

I think they were in there, he was sitting there playing cards.

 

 

Q

Some one else playing with him?

A

I think there was.† I think if I remember right there was two or three other fellows there but I didnít pay any particular attention and Pete got up and come to the door at the time we

 

 

 

Page 52

 

 

A

came in there.

 

 

Q

You two were together?

A

Evans and me was together.

 

 

Q

When you went in there your brother was there?

A

Yes, sir.

 

 

Q

And Mr. Griswold was with you brother?

A

They were standing up there to the bar I think at the time when I went in.

 

 

Q

What were they doing at the bar?

A

I think they had just been drinking or something or other, I know they stood there at the bar, I didnít pay any attention to what they were doing.

 

 

Q

They had been drinking you say?

A

I think so.

 

 

Q

What did you drink?

A

I took a glass of beer.

 

 

Q

Who else stood up to the bar?

A

I donít remember of any one else standing there only my brother and Mr. Griswold when we went in.

 

 

Q

Did you ever see this man they called the Frenchman before?

A

No, not before that time.

 

 

Q

A perfect stranger to you?

A

He was.

 

 

Q

How was he dressed?

A

Why mostly in dark close.

 

 

Q

Did he have an overcoat on?

A

No, I donít think he did.† I am pretty sure he didnít have an overcoat on,

 

 

 

Page 53

 

 

Q

Did he have a black slouch had on?

A

I think it was or a cap.

 

 

Q

Did he have a cap on?

A

I think a kind of a cap or something on.† He didnít get up at all.

 

 

Q

He was sitting down, was he?

A

Yes, sir, he was sitting down.

 

 

Q

And Shimmel was sitting down too?

A

They were sitting over towards the slot machine when I stepped in.

 

 

Q

Shimmel was sitting down too was he?

A

Yes, sir, they were both sitting down in the back room when I went in there.

 

 

Q

Did Mr. Shimmel or the Frenchman have anything in their hand?

A

I didnít notice anything.

 

 

Q

Had you ever seen Shimmel before?

A

No, not to have known him,† I would not have known him at all if I had not made inquiries.

 

 

Q

Did the Frenchman have a mustache?

A

Yes, sir.

 

 

Q

And a beard?

A

No, I think it was just a mustache.

 

 

Q

His face was not clean shaved?

A

Oh no.

 

 

Q

And Shimmel had a mustache?

A

Why he looked just about the same as he does now.

 

 

Q

And they looked something alike didnít they?

A

No, the Frenchman is a heavy thick set man, a good deal heavier than Mr. Shimmel is.