Q

Where do you live?

A

Live about 10 rods west of the store at Dennison.

Q

Where were you on the night of April 23^rd?

A

I was in the store.

Q

Who was there with you at that time - - who did you see there?

A

There was Tom Mc Carthey, Mike Malone, Bristol Wilton, Jake Nipe, George Carr, Allie Cooney, Laura Michael.

Q

What time did you leave the store that evening?

A

I would not state exactly, I think it was between 8 and 15 minutes after.

Q

Where did you go then?

A

Went right straight west to our place and stood at the milk stand.

Q

Who was with you, if anybody?

A

My cousin, Tom Mc Carthey.

Q

What were you doing there?

A

Well, that is a kind of a place we sit and talk over things, Tom and I, Emmet Culligan or Hugh Mc Grath, whoever happens along there - - whoever happens to go home from the store with me.

Q

How long had you been standing there that evening before anything extraordinary occurred?

A

Probably 25 minutes, I would not state exactly, about 25 minutes; It might have been half an hour.

Q

Do you remember what you were talking about at the time?

A

yes sir, I was telling him about a book I had been reading and also about being sick, I had been pretty sick previous to this.

Q

Did anything extraordinary happen there that evening?

A

Well yes.

Q

Just go on and describe what it was.

A

While we were sitting there, there was - - we heard Mart say “Here, here,” that is what I understood him to say and I heard two shots fired in quick succession,  About two minutes after that - - two or three minutes a fellow come running along he road.

Q

What kind of a looking fellow was he, just give us a description of him.

A

I would call him a pretty fair sized man, a man that would weigh - - I would call him a man about as tall as you are, built something the same only he was stooped shouldered kind of; he come running along until he got pretty near opposite us, then he stopped - - he didn’t stop, he stopped running and walked about four steps.

Q

Did you see him carry anything?

A

Yes sir, I thought he had something in his hand; after he went by I told Tom I thought he had a gun in his hand.

Q

Whether or not you heard any coins or cartridges jingle in his pocket.

A

Yes I did; it sounded more like a man on horseback with stirrups when he was first coming, sounded like something rattling.

Q

(by a juror) Did he see you when he went by?

A

I think he did; when he got at an angle of about 45 degrees, he stopped and looked around.

Q

After he passed you?

A

Yes sir.

Q

Did you notice whether this man ran or not after he saw you fellows when he struck the railway?

A

He was walking until he struck the platform of the railroad the plank on the railroad - - he stubbed his toes, he walked across that and I thought he turned around and looked again, and then he started on a run.

Q

Started on a run again?

A

Yes sir.

Q

Which way did he run?

A

Straight west.

Q

On the track?

A

Yes sir.

Q

What did you do after you heard the shots and saw this man run by?

A

I says to Tom “That man had a gun in his hand.  Just about that time he probably had time enough to get over the plank on the railroad next to the cattle guard, and I saw the light come out of the house, Mrs. Golden came out of the house and she says “Mart, Mart.”  Tom says “Let’s run down there.”  We started to run down there.  We got pretty near down there, maybe two-thirds of the way or half of the way and Minie - -  that is Mrs. Golden - - she had walked down the walk to meet him.

Q

What did she do that you could hear and see?

A

She says “Oh my God” that is the way I understood it, and threw herself right on him; she was begging him to speak to her when we got there.

Q

What did you do when you got there?  What did she say to you if anything?

A

She turned around and says “Who are you”?  Tom spoke and told her who he was.  Then we carried him into the house.

Q

As to whether you saw any evidence of a struggle having taken place there that evening?

A

No sir, I couldn’t say that I did.

Q

Did you notice him having - - whether he showed any evidence of having been robbed at the time you took him to the house.

A

No sir, he did not, not that I could see.  I noticed after we got him in the house that his vest had been torn open.

Q

Any buttons off?

A

I didn’t notice a to that.

Q

Did you see any wounds upon his person that evening?

A

Yes sir.

Q

Where were they and what?

A

I thought it was a bullet wound right here, in the center of his forehead; it looked to me like brains oozing out there.

Q

Any other wound that you noticed that evening?

A

No sir.

Q

Have you noticed any wounds since upon his body - - was your attention called to any?

A

No sir, I did not.  I was talking to his sister-in-law this morning and she said she was pretty sure there was finger marks on his neck.

Q

Who is his sister-in-law?

A

Miss Eliza Fitzpatrick.

Q

How long after you got him into the house was it before you realized that the man had been robbed?

A

That did not enter my head, I hadn’t noticed it; I supposed - - that was the supposition in my mind all the time that the man had been robbed.

Q

Did you attend his funeral?

A

Yes sir.

Q

See him buried?

A

No sir, I didn’t go to the burying ground; I went to the church; my father and mother went and someone had to stay at home.

Q

You are living with your father and mother at Dennison?

A

yes sir.

Q

Were you present when the doctor made any examination of him?

A

I was there in the house; not in the room.

Q

Can you state as to how Martin Golden came to his death?

A

Why, I could state that I think he was shot, but they said afterwards that he come to his death by suffocation or choking from blood going down into his throat and lungs.

Q

Who said that?

A

Some of the people there in the house.  I was not there when he died, I went home and went to bed at half past two.

Q

Did you do any telephoning that night?

A

Yes sir; I rushed right over to the store and tried to get Coopersville, I must have tried for three or four minutes, They couldn’t get anybody and then they told me to notify Will Fitzpatrick.

Q

Will Fitzpatrick is on the same line?

A

You don’t have to call central to get him, there is - -

Q

A party line?

A

Yes sir.

Q

Did you call Will Fitzpatrick?

A

Yes sir.

Q

Did he respond?

A

Yes sir.

Q

What did you tell him?

A

I told him to get up there as quick as he could, that Martin had been shot.

Q

Do you know what he did?

A

He didn’t believe me at first, he thought I was playing a joke on him.

Q

Do you know the individual that you saw running by there that night?

A

No sir.

Q

Would you recognize him if you saw him again?

A

If it was under the same conditions as it was that night, and I was the same distance away from him and the man was dressed just the same I think I could.

Mr. Pagelsen: I think that is all.

(At this point the taking of testimony was concluded and the jury retired to make up their verdict)