Page 65

Q

Brown?

A

Yes, sir.

Q

How long did Fremont Brown stay in the saloon?

A

Oh, I don’t know.  I didn’t take my watch and time him but I should judge 20 minutes, 15 or 20.

Q

It might have been 5 or 10?

A

Yes, sir; I could not say.

Q

How was he dressed?

A

Who?

Q

Mr. Brown?

A

Why in his every day clothes.

Q

Did he have a derby hat on?

A

I don’t think he did.

Q

Did he have a - -

A

(Interrupting)  He had a common - -

Q

(Interrupting)  A black slouch hat on?

A

Yes, sir.

Q

Did he have his overcoat on?

A

Well if he did it was a very light overcoat; it was no a big heavy overcoat.

Q

Do you know what kind of a hat he wore?

A

No, sir I don’t; I could not swear to it.

Q

What kind of a hat did the Frenchman have on?

A

Well I don’t know that; I could not answer it because I didn’t pay no attention in particular.

Q

Did the Frenchman have an overcoat on?

A

No, sir, I don’t think he had an overcoat on.

Page 66

A

There was an overcoat there on the slot machine.

Q

There was an overcoat lying on the slot machine?

A

Yes, sir, that was the only overcoat that I seen anywheres around then.

Q

Did you know who that belonged to?

A

No, sir, I didn’t

Q

Did you ever see the coat before?

A

No, sir.

Q

Did you ever see a coat on that machine any day before this?

A

Lots of times.

Q

You have seen coats on there nearly every time you went in?

A

No, I won’t say every time because I didn’t every time but lots of times men came in there and it is pretty warm and they would take off their overcoats and lay them down.

Q

Was there anybody playing cards when you were in there that afternoon?

A

I think there was.

Q

Do you know who it was?

A

No, sir, not now.  I could not tell to save my soul, to save my life.

Q

You could not tell one party that was in there playing cards that afternoon?

A

No, sir, I could not; I could not name a soul that was in there.

Q

You could not tell how any of them were dressed that were playing cards if anyone was?

A

No, sir, because they are playing cards all the time.

Q

How was the bar tender dressed, Mr. Sheler?

Page 67

A

Well I could not tell.  He had a white shirt on, a standing colar and then he had a white apron over all you know.  He was behind the bar; and that is all I could tell.

Q

And did he have his hat on or off?

A

No, sir he didn’t.

Q

That is the way he usually dresses when he tends bar?

A

Yes, sir.

Q

Was he dressed that way, the day after when you were in there?

A

Yes, sir.

Q

Was he dressed that way the Saturday you were in there before?

A

Why yes, sir.  Certainly.  He always puts on his apron.

Q

What is it that causes you to remember there was an overcoat lying on the slot machine?

A

Well you asked me if any one, I think, had one and I told you I didn’t know and I told you there was one lying on the slot machine but I didn’t know whose it was.

Q

How large a man is the Frenchman?

A

Oh, I don’t know how large he was.  He was not quite so tall as Mr. Shimmel but I should judge he would weigh 160 or 165, maybe 170 pounds.

Q

Did he wear a mustache?

A

I think he did.

Q

Had a beard?

A

Yes, sir; I would not be positive.

Q

Had you ever seen him before that?

A

No, sir.

Q

Had you ever seen Mr. Shimmel before that time.

A

Yes, sir.

Page 68

Q

When had you seen him before that?

A

Well a good many years ago.

Q

7 or 8 years ago?

A

Yes, sir, over 20 years ago

Q

Did you ask the bar tender who Shimmel was?

A

No, sir.

Q

Did you ask anyone who he was?

A

No, sir.

Q

You thought he turned around and looked at you when you went in the saloon?

A

Yes, sir.

Q

You thought from that that you recognized who he was?

A

Yes, sir.

Q

Did anyone else turn around and look at you in the saloon that day?

A

I don’t know as they did in particular.

Q

There was other people there that you knew?

A

Why certainly.  I knew most every one there was in the saloon excepting those two; that is, I would know them each time I went in but they might slip my mind.

Q

Did you have any conversation with Ed Brown that day in the saloon?

A

Why I don’t exactly remember.  We were talking about that man after they said that it was Mr. Shimmel and I said I thought it was when I first came in; I said I thought I had seen him somewhere before but didn’t recognize him but I was not positive, I was not sure but I thought it was a Shimmel.

Page 69

Q

Did Griswold leave the saloon before you did?

A

Well I would not be positive of that.  Mr. Brown left before I did.

Q

You say Mr. Brown left before you did?

A

Yes, sir.

Q

Fremont or Ed/.

A

Fremont.

Q

Was Ed there when you left?

A

Well I would not say positively but I think he was?

Q

Do you know where Mr. Griswold went?

A

No, sir, I don’t.

Q

Did you see any one there with him?

A

With Mr. Griswold?

Q

Yes.

A

Mr. Brown, Fremont.

Q

Did you see any one else there?

A

No, sir.

Q

Did you see any one come up in front of the saloon there and talk with Mr. Griswold?

A

No, sir, I did not.

Q

Did you see Mr. Griswold when he went out of the saloon?

A

No, sir, I don’t think I did.

Q

What part of the saloon were you in most of the time when you were there?

A

I was in the front part most of the time: I stood back there, oh probably 20 minutes or such a matter seeing them play cards and then I came out in the front room.