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

VS

William Shimmel - - - (Defendant)

Frank M. Green

           Cross Examination

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Page 60  ( Continued )

 

 

 

CROSS EXAMINATION:

 

 

 

Page 61

 

 

 

CROSS EXAMINATION:

 

 

Q

How long have you lived in Nunica

A

In the township do you mean or in the village?

 

 

Q

In the village?

A

I have lived there 14 years.

 

 

Q

14 years?

A

Yes, sir.

 

 

Q

You say you have retired from farming?

A

Yes, sir.

 

 

Q

How far was your farm that you farmed from Nunica?

A

I didn’t own the farm; I rented.

 

 

Q

How many years were you on the farm that you rented?

A

Well one farm I was on about 3 years and the other I was on 6.

 

 

Q

How far are they from Nunica?

A

Two miles.

 

 

Q

Do you know everybody that lives around there?

A

Pretty near.

 

 

Q

And nearly everybody that lives in the Village of Nunica?

A

Pretty near:  There has some strangers come in.

 

 

Q

And you know what their business is?

A

Yes, sir, you might say.  Of course if a man tends to his own business now days that is about all he can do.

 

 

Q

How many saloons were there in Nunica April 23, 1906?

A

Two.

 

 

Q

Who owned the two saloons?

A

Mr. Zimmer and Mr. Haas claimed to own it.

 

 

Q

Was you in Hass’ ssaloon that day?

A

No, sir.

 

 

 

Page 62

 

 

Q

Were you in Zimmer’s

A

Yes, sir.

 

 

Q

Were you in Zimmer’s saloon that forenoon?

A

No, sir.

 

 

Q

Were you there the day after?

A

The day after, yes, sir, I may have been the day after.

 

 

Q

Were you there on Saturday previous to the 23rd?

A

Yes.

 

 

Q

Who was in the saloon when you were there Saturday?

A

I could not tell you the names.  A lot of boys from the town were in, all playing cards.

 

 

Q

Were they all playing cards?

A

Yes, sir.

 

 

Q

Who was tending bar then?

A

Andrew Sheler.

 

 

Q

Do you know whether you were in the next day after the 23rd?

A

Well I think I was, I won’t be sure, because I used to go in there very seldom.

 

 

Q

Who was in the saloon when you were there then?

A

What time?

 

 

Q

Any day after the 23rd, during the month of April.

A

Oh, I don’t know in particular.  I think the Swanson boys was there I think they was.

 

 

Q

Where did they live?

A

They live west and north of Nunica.

 

 

Q

What day was that on?

A

Well I would not say; I think it was the next day.

 

 

Q

What time of day was it you were in there, the next day?

 

 

 

Page 63

 

 

A

Oh, about 10 or 11 o’clock

 

 

Q

In the forenoon?

A

Yes, sir.

 

 

Q

How many times were you in this saloon that day?

A

I could not tell you.

 

 

Q

Once?

A

Yes, sir, I was there once but I could not tell you how many times because I go in and out and in and out. .

 

 

Q

On the 23rd you can only swear positively you were there once?

A

On the 23rd?

 

 

Q

Yes.

A

I was there once in the afternoon.

 

 

Q

Were you there in the forenoon?

A

No, sir, I don’t think I was.

 

 

Q

That is the only time you were in there during that day?

A

During that day.

 

 

Q

What time was it when you went in the saloon that afternoon?

A

Oh, probably half past one or maybe two o’clock.

 

 

Q

And you say you stayed in there about an hour and a half?

A

Pretty near that.

 

 

Q

If you went in and stayed an hour and a half, you would go out at 2:30 wouldn’t you?

A

Well, yes, sir.

 

 

Q

And if you went in at 2 and stayed an hour and a half you would go out at 3:30

A

Certainly at that rate but I could not tell exactly what time I went in.

 

 

 

Page 64

 

 

Q

You are pretty positive that you went in at one o’clock though?

A

Well I would not say positively because I run in and out into the saloon, sometimes I would go in and out half a dozen times a day; I was in and out three times a day.

 

 

Q

You are positive you were only in there once that day?

A

Only once I think that day.

 

 

Q

Andrew Sheler is he the bar tender?

A

Yes, sir.

 

 

Q

Who else tends bar in that saloon?

A

Well nobody without Mr. Zimmer came in.

 

 

Q

He was the owner?

A

He was the owner of the bar.

 

 

Q

Those two together wait on the custom there?

A

Yes, sir.

 

 

Q

You are acquainted with Mr. Griswold?

A

Yes, sir.

 

 

Q

You say you saw Mr. Griswold and Mr. Brown come in the saloon?

A

Yes, sir.

 

 

Q

That was during the time you were in the saloon?

A

Yes, sir.

 

 

Q

You were there before they came?

A

Yes, sir.

 

 

Q

Did Mr. Griswold leave before you did?

A

Well I hardly think he did but still he might.

 

 

Q

You think he was there when you went away?

A

Well, I won’t say that he was nor I won’t say that he was not but he was there when Mr. Brown was there.

 

 

Q

And he was there when Ed Brown was there, a brother to Fremont.