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F R A N K   M.   G R E E N,  a witness produced for and on behalf of the people, after having been duly sworn, testified as follows:

DIRECT EXAMINATION BY MR. COBURN.

Q

Whereabouts do you live?

A

I live in Nunica.

Q

How long have you lived there?

A

32 years.

Q

What is your business?

A

Well, my business has been farming until the last 6 or 7 years.

Q

Now you live there in the village?

A

Yes, sir.

Q

Were you living there in April, 1906?

A

Yes, sir.

Q

Do you know where the Zimmer saloon is?

A

Yes, sir.

Q

Or was then?

A

Yes, sir.

Q

Do you remember the time of the murder of Martin Golden?

A

Yes, sir.

Q

When did you hear of that murder?

A

The next morning.

Q

That would be what morning?

A

That would be the 24^th.

Q

Tuesday?

A

Yes, sir.

Q

Tuesday morning?

A

Yes, sir.

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Q

Now where were you in the afternoon of the day before that?

A

I was around town all the afternoon.

Q

Were you in Zimmer’s saloon at any time?

A

Yes, sir.

Q

About what time were you in there?

A

Well I should judge about three o’clock.

Q

And about how long did you stay there?

A

Oh, probably an hour or maybe an hour and a half.

Q

Now who was tending bar there at that time?

A

Andrew Sheler.

Q

Was he there that afternoon?

A

Yes, sir.

Q

Do you know Fremont Brown?

A

I do, sir.

Q

Frank Griswold?

A

Yes, sir.

Q

Did you see them that afternoon?

A

Yes, sir.

Q

Where?

A

In the saloon.

Q

Were you there when they came in the saloon?

A

Yes, sir.

Q

Do you know Ed Brown or do you not?

A

Yes, sir.

Q

Were you there when he came in?

A

Yes, sir.

Q

Now while you were there, was there anybody else there besides the two Browns and Griswold?

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A

Yes, sir.

Q

Who were they?

A

Well sir one of them they called a Frenchman a comical sort of fellow.

Q

Is that the reason why you remember him so distinctly?

A

Yes sir and then there was another gentleman in there when I first went in he looked around and I thought to myself, now I have known that man; I have seen him somewheres but I could not place him and I passed on and didn’t think no more.

Q

Now whether or not that other man was this respondent?

A

Well he looks very familiar to me.

Q

Well, is that the man?

A

I think it is.

Q

And did you hear Sheler make any remark as to who it was?

A

Yes, sir.

Q

Who did Sheler claim it was?

A

He claimed it was him, Mr. - -

Q

(Interrupting)  About how long did you stay in the saloon?

A

I stayed there probably an hour and a half.

Q

Do you know the man that came in with Ed Brown?

A

No, sir, I don’t.

Q

Whether or not Ed Brown went out before you did?

A

I think he did.

Q

Do you remember whether Fremont Brown and Frank Griswold went out before you did or not?

A

Well, I think Fremont went out but I could not say as to Mr. Griswold because he made the remark that he had got to go back to his store.

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Q

Did yoou go out before the Frenchman and Shimmel went out?

A

No, sir.

Q

They went out before you did?

A

Yes.

Q

About what time did they go out?

A

Well I should judge about 4 o’clock.

Q

Now do you recollect whether Shimmel wore a black mustache then or not?

A

Well, I think he had - - Well, I won’t say positive whether it was a mistache or whiskers but he looked to me something like myself now, he had ought to be shaved.

Q

What can you say as to whether he looked as he does now or not?

A

Yes, sir, very much.

Q

That would be a dark mustache and as if he ought to be shaved, the rest of it?

A

Yes, sir, like myself.

Q

What kind of hat did he have on?

A

He had a slouch hat.

Q

Whether it was dark colored or light?

A

I think it was dark colored.

Q

Do you remember what kind of coat he wore?

A

Well, I could not say as to that, not to be positive.

Q

Well can’t you say whether they were dark clothes or light clothes?

A

Well I should judge it was dark.

Q

Do you know Charlie Douck?